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Texas House Journal, 86th Legislature, 56th day: SB 2 third reading, Record 839
Texas House of Representatives · 2019-05-01
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HOUSE JOURNAL
EIGHTY-SIXTH LEGISLATURE, REGULAR SESSION
PROCEEDINGS
FIFTY-SIXTH DAY — WEDNESDAY, MAY 1, 2019
The house met at 10:02 a.m. and was called to order by the speaker.
The roll of the house was called and a quorum was announced present
(Recordi837).
Present — Mr. Speaker(C); Allen; Allison; Anchia; Anderson; Ashby;
Bailes; Beckley; Bell, C.; Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen;
Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Calanni; Canales;
Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier; Darby;
Davis, S.; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn;
Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.;
Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez;
Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.D.;
Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel;
Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez; Lozano;
Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller;
Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez;
Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez;
Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose;
Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith;
Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry;
Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.;
VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Absent, Excused — Johnson, E.
The invocation was offered by Dr. David Higgs, pastor, First Baptist
Church, Henderson, as follows:
Heavenly Father, we pause today to recognize your authority in our lives.
God, we are grateful for our great State of Texas and for our nation. You have
blessed us in so many ways. We certainly acknowledge you as the source of those
blessings and for those blessings we thank you. We ask for your continued
guidance and blessings upon our state. Today, I pray for these our leaders who are
gathered in this room. Lord, may you give them wisdom and guidance as they
make decisions. God, many of these decisions are extremely difficult decisions,
so please grant our leaders extraordinary wisdom from above. Thank you for their
willingness to labor in this capacity. May you bless each one of these leaders for
their service. Lord, I pray that love for another and peace would be dominant in
2552 86th LEGISLATURE — REGULAR SESSION
this place and all throughout our state. God, it is our prayer that with your mighty
hand you would bless Texas and that you would meet the needs of our citizens
here in this great state. In the name of your son, I pray these things. Amen.
The chair recognized Representative Harris who led the house in the pledges
of allegiance to the United States and Texas flags.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for today because of
important business in the district:
E. Johnson on motion of Raymond.
BILLS AND JOINT RESOLUTIONS ON FIRST READING
AND REFERRAL TO COMMITTEES
Bills and joint resolutions were at this time laid before the house, read first
time, and referred to committees. (See the addendum to the daily journal,
Referred to Committees, List No. 1.)
REGULAR ORDER OF BUSINESS SUSPENDED
On motion of Representative Clardy and by unanimous consent, the reading
and referral of bills was postponed until just prior to adjournment.
CAPITOL PHYSICIAN
The chair recognized Representative Ortega who presented Dr.iDavid
Palafox of El Paso as the "Doctor for the Day."
The house welcomed Dr. Palafox and thanked him for his participation in
the Physician of the Day Program sponsored by the Texas Academy of Family
Physicians.
LEAVES OF ABSENCE GRANTED
Pursuant to a previous motion, the following members were granted leaves
of absence temporarily for today to attend a meeting of the Conference
Committee on HBi1:
Longoria on motion of Wu.
Walle on motion of Wu.
(Speaker pro tempore in the chair)
HR 1397 - ADOPTED
(by Goodwin)
Representative Goodwin moved to suspend all necessary rules to take up
and consider at this time HRi1397.
The motion prevailed.
The following resolution was laid before the house:
HRi1397, In memory of Dr. Michael James Babineaux of Austin.
HRi1397 was unanimously adopted by a rising vote.
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2553
INTRODUCTION OF GUESTS
The chair recognized Representative Goodwin who introduced family
members of Dr. Michael James Babineaux.
HR 1287 - ADOPTED
(by Harris)
Representative Harris moved to suspend all necessary rules to take up and
consider at this time HRi1287.
The motion prevailed.
The following resolution was laid before the house:
HRi1287, In memory of Bascom William Bentley IV.
The chair recognized Representative Harris who addressed the house,
speaking on HRi1235 and HRi1287 as follows:
Judge Bascom W. Bentley III now stands with the names of legendary men
from East Texas like Marshal Chris Rogers and John H.iReagan. Judge Bentley
was a legend in his own time, not only for his role as judge of the 369th District
Court of Texas, where he served for nearly 30iyears, but mainly for his passion
for our community and his family. Judge Bentley was married to his wife, Carol,
and together they raised their children, Bonnie, William, Hunter, and our friend
Matthew, each of whom Judge Bentley loved deeply. The judge was one of the
most well-connected people I ever knew. He was personal friends with President
George W. Bush, Governor Rick Perry, and countless other leaders from our great
state and around the country. But he never used those connections for the
betterment of himself but for the benefit of his community and for others. He was
a deeply generous man, often inviting the homeless in Palestine to have
Christmas dinner with him and his family. My first memory of Judge Bentley was
when I was in the third grade and he came to speak to my class. I remember him
inviting me to come visit him in the courtroom one day, and he said he would let
me sit with him on the bench. I ’ve always regretted never taking him up on that
offer. Little did I know how much he would play a part in my being in this
chamber with you today. As I assembled the first steering committee of
community leaders when I decided to run for this seat, Judge Bentley sat beside
me on my left with his son Matthew on my right and Bascom ’s closest lifelong
friend, Cliff Johnson, next to him. The next day, while backing out of his
driveway, Judge Bentley had a heart attack and passed away on December 11,
2017.
As Palestine continued to mourn the loss of our beloved judge and friend,
tragedy struck twice when the judge ’s oldest son, Bascom William Bentley IV,
suffered a stroke just after he told his new bride, Lizzy, that he loved her and left
for work. At the young age of 37, William passed away on April 11, 2019, one
year and four months to the day after his father ’s passing. William and Lizzy had
only been married for five months. William was known for his brilliance and
accomplished more in his short life than most will in a lifetime. After getting his
bachelor ’s and law degrees from The University of Texas, he worked in Eastern
2554 86th LEGISLATURE — REGULAR SESSION
Europe for several years, where he served as vice president of TransAtlantic
Petroleum. After several years traveling the world, he moved home to Texas
where he started his own oil and gas companies and became very successful. But
when he met and fell in love with Lizzy, he knew it was time to come home to
East Texas. They had just started their life together when the unthinkable
happened. Today, we are joined in the gallery by Bascom and William ’s family
and friends, including Lizzy Bentley; Matthew Bentley and his wife, Sallie; the
Honorable Cliff Johnson; and the Honorable Todd Staples. Members, please join
me in mourning the loss of two great Texans, Judge Bascom W.iBentley III and
his son Bascom W.iBentley IV.
HRi1287 was unanimously adopted by a rising vote.
On motion of Representatives Kuempel, Clardy, and Ashby, the names of all
the members of the house were added to HRi1287 as signers thereof.
FIVE-DAY POSTING RULE SUSPENDED
Representative Bohac moved to suspend the five-day posting rule to allow
the Committee on County Affairs to consider SBi2315 at 9 a.m. tomorrow in
E2.028.
The motion prevailed.
HR 990 - ADOPTED
(by Button, Vo, Shaheen, Wu, and Miller)
Representative Button moved to suspend all necessary rules to take up and
consider at this time HRi990.
The motion prevailed.
The following resolution was laid before the house:
HRi990, Recognizing May 2019 as Asian American and Pacific Islander
Heritage Month.
HRi990 was adopted.
On motion of Representatives Wu and Vo, the names of all the members of
the house were added to HRi990 as signers thereof.
INTRODUCTION OF GUESTS
The chair recognized Representative Button who introduced participants of
Asian American and Pacific Islander Heritage Month.
HR 1258 - PREVIOUSLY ADOPTED
(by Anderson)
The chair laid out and had read the following previously adopted resolution:
HRi1258,iCongratulating the Baylor University women ’s basketball team
on winning the 2019 NCAA Division I national championship.
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2555
INTRODUCTION OF GUESTS
The chair recognized Representative Anderson who introduced coaches and
players of the Baylor University women ’s basketball team.
REMARKS ORDERED PRINTED
Representative Price moved to print remarks by Representative Harris on
HRi1235 and HRi1287.
The motion prevailed.
HR 1395 - ADOPTED
(by Raney and Oliverson)
Representative Raney moved to suspend all necessary rules to take up and
consider at this time HRi1395.
The motion prevailed.
The following resolution was laid before the house:
HRi1395, Recognizing the Texas A&M University Agricultural and Natural
Resources Policy Internship Program and the Public Policy Internship Program
and the programs ’interns for the 86th legislative session.
HRi1395 was adopted.
On motion of Representative Lambert, the names of all the members of the
house were added to HRi1395 as signers thereof.
INTRODUCTION OF GUEST
The chair recognized Representative Lambert who introduced Miss Texas
Madison Fuller.
HCR 143 - ADOPTED
(by S. Davis)
Representative S. Davis moved to suspend all necessary rules to take up and
consider at this time HCRi143.
The motion prevailed.
The following resolution was laid before the house:
HCRi143, Designating May 1 as Texans Medical Record Checkup Day for
a 10-year period beginning in 2019.
HCRi143 was adopted by (Record 838): 140 Yeas, 0 Nays, 2 Present, not
voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.;
Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy;
Burns; Burrows; Button; Cain; Calanni; Capriglione; Clardy; Cole; Coleman;
Collier; Cortez; Craddick; Cyrier; Darby; Davis, S.; Dean; Deshotel; Dominguez;
Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman;
González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless;
Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Israel;
2556 86th LEGISLATURE — REGULAR SESSION
Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause;
Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Lopez; Lozano;
Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller;
Minjarez; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble;
Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price;
Ramos; Raney; Raymond; Rodriguez; Romero; Rose; Rosenthal; Sanford;
Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer;
Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.;
Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Wilson;
Wray; Wu; Zedler; Zerwas; Zwiener.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Johnson, E.
Absent, Excused, Committee Meeting — Longoria; Walle.
Absent — Canales; Davis, Y.; Hunter; Reynolds; White.
STATEMENT OF VOTE
When Record No. 838 was taken, I was in the house but away from my
desk. I would have voted yes.
Y. Davis
HR 1317 - ADOPTED
(by Talarico)
Representative Talarico moved to suspend all necessary rules to take up and
consider at this time HRi1317.
The motion prevailed.
The following resolution was laid before the house:
HRi1317, Recognizing May 1, 2019, as Hutto Day at the State Capitol.
HRi1317 was adopted.
On motion of Representative Bucy, the names of all the members of the
house were added to HRi1317 as signers thereof.
INTRODUCTION OF GUESTS
The chair recognized Representative Talarico who introduced a delegation
from Hutto.
HRi940 - INTRODUCTION OF GUESTS
The chair recognized Representative Wu who introduced representatives of
the Asian Real Estate Association of America.
HR 1454 - ADOPTED
(by Y. Davis)
Representative Y. Davis moved to suspend all necessary rules to take up and
consider at this time HRi1454.
The motion prevailed.
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2557
The following resolution was laid before the house:
HR 1454, Commending Rob Franke for his service as mayor of Cedar Hill.
HR 1454 was adopted.
HRi1000 - INTRODUCTION OF GUESTS
The chair recognized Representative Goldman who introduced coaches of
the Texas Christian University rifle team.
HCR 165 - ADOPTED
(by Craddick)
Representative Craddick moved to suspend all necessary rules to take up
and consider at this time HCRi165.
The motion prevailed.
The following resolution was laid before the house:
HCR 165, Congratulating Ramona Aytes Thomas of Midland on her
retirement as CEO of PermiaCare.
HCR 165 was adopted.
HR 1291 - ADOPTED
(by Dutton)
Representative S. Thompson moved to suspend all necessary rules to take up
and consider at this time HRi1291.
The motion prevailed.
The following resolution was laid before the house:
HR 1291, Congratulating Mamie Frank Lewis of Barrett Station on her
102nd birthday.
HR 1291 was adopted.
EMERGENCY CALENDAR
SENATE BILLS
THIRD READING
The following bills were laid before the house and read third time:
SB 2 ON THIRD READING
(Burrows, et al. - House Sponsors)
SB 2, A bill to be entitled An Act relating to ad valorem taxation;
authorizing fees.
SBi2 was passed by (Record 839): 109 Yeas, 36 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.;
Biedermann; Blanco; Bohac; Bonnen; Buckley; Burns; Burrows; Button; Cain;
Calanni; Canales; Capriglione; Clardy; Coleman; Collier; Craddick; Cyrier;
Darby; Davis, S.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn;
Frank; Frullo; Geren; Goldman; González, J.; González, M.; Guerra; Guillen;
2558 86th LEGISLATURE — REGULAR SESSION
Gutierrez; Harless; Harris; Hefner; Hernandez; Holland; Huberty; Hunter;
Johnson, J.D.; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert;
Landgraf; Lang; Larson; Leach; Leman; Lopez; Lozano; Lucio; Metcalf; Meyer;
Middleton; Miller; Morrison; Muñoz; Murphy; Murr; Noble; Oliverson; Pacheco;
Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Raney; Raymond; Romero;
Sanford; Schaefer; Shaheen; Sheffield; Shine; Smith; Smithee; Springer;
Stephenson; Stickland; Stucky; Swanson; Thierry; Thompson, E.; Thompson, S.;
Tinderholt; Toth; VanDeaver; White; Wilson; Wray; Zedler; Zerwas.
Nays — Anchia; Beckley; Bernal; Bowers; Bucy; Cole; Cortez; Davis, Y.;
Gervin-Hawkins; Goodwin; Herrero; Hinojosa; Howard; Israel; Johnson, J.E.;
King, T.; Martinez; Martinez Fischer; Meza; Minjarez; Morales; Neave; Nevárez;
Ortega; Ramos; Reynolds; Rodriguez; Rose; Rosenthal; Sherman; Talarico;
Turner, C.; Turner, J.; Vo; Wu; Zwiener.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Johnson, E.
Absent, Excused, Committee Meeting — Longoria; Walle.
STATEMENTS OF VOTE
When Record No. 839 was taken, I was shown voting yes. I intended to vote
no.
Collier
When Record No. 839 was taken, I was shown voting yes. I intended to vote
no.
J. González
When Record No. 839 was taken, I was shown voting yes. I intended to vote
no.
M. González
When Record No. 839 was taken, I was shown voting yes. I intended to vote
no.
Gutierrez
When Record No. 839 was taken, I was shown voting yes. I intended to vote
no.
J.D. Johnson
When Record No. 839 was taken, I was shown voting no. I intended to vote
yes.
J.E. Johnson
When Record No. 839 was taken, I was shown voting yes. I intended to vote
no.
Lopez
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2559
When Record No. 839 was taken, I was shown voting no. I intended to vote
yes.
Morales
When Record No. 839 was taken, I was shown voting no. I intended to vote
yes.
Wu
SBi2 - HOUSE SPONSOR AUTHORIZED
Pursuant to a previous motion, Representatives Allison, Anderson, Ashby,
C. Bell, K. Bell, Biedermann, Bohac, G.iBonnen, Buckley, Burns, Button, Cain,
Canales, Capriglione, Clardy, Cyrier, Darby, S. Davis, Dean, Flynn, Frank,
Frullo, Goldman, Guerra, Harless, Harris, Hefner, Holland, Huberty, Hunter,
P.iKing, Klick, Krause, Lambert, Landgraf, Lang, Larson, Leach, Leman,
Lozano, Metcalf, Meyer, Middleton, Miller, Morrison, Murphy, Murr, Noble,
Oliverson, Paddie, Patterson, Paul, Phelan, Raney, Raymond, Sanford, Schaefer,
Shaheen, Sheffield, Shine, Smith, Springer, Stickland, Stucky, Swanson,
E.iThompson, Tinderholt, Toth, White, Wray, Zedler, and Zerwas were
designated as co-sponsors to SBi2.
GENERAL STATE CALENDAR
SENATE BILLS
THIRD READING
The following bills were laid before the house and read third time:
SB 2100 ON THIRD READING
(Smithee, Geren, and Tinderholt - House Sponsors)
SB 2100, A bill to be entitled An Act relating to the transfer of a retired law
enforcement animal.
SBi2100 was passed by (Record 840): 142 Yeas, 0 Nays, 2 Present, not
voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.;
Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy;
Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole;
Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, S.; Davis, Y.; Dean;
Deshotel; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins;
Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez;
Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard;
Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.;
King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach;
Leman; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer;
Meza; Middleton; Miller; Minjarez; Morales; Morrison; Muñoz; Murphy; Murr;
Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson;
Paul; Perez; Phelan; Price; Ramos; Raney; Raymond; Rodriguez; Romero; Rose;
Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith;
2560 86th LEGISLATURE — REGULAR SESSION
Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry;
Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.;
VanDeaver; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Johnson, E.
Absent, Excused, Committee Meeting — Longoria; Walle.
Absent — Dominguez; Reynolds; Vo.
GENERAL STATE CALENDAR
HOUSE BILLS
THIRD READING
The following bills were laid before the house and read third time:
HB 4009 ON THIRD READING
(by Toth, Wu, E. Thompson, Canales, et al.)
HB 4009, A bill to be entitled An Act relating to the establishment,
operation, and funding of victim-offender mediation programs; authorizing fees.
HBi4009 was passed by (Record 841): 143 Yeas, 0 Nays, 2 Present, not
voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.;
Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy;
Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole;
Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, S.; Davis, Y.; Dean;
Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren;
Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra;
Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa;
Holland; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal;
King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang;
Larson; Leach; Leman; Lopez; Lozano; Lucio; Martinez; Martinez Fischer;
Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Morales; Morrison; Muñoz;
Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie;
Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raymond; Rodriguez;
Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman;
Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson;
Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.;
Turner, J.; VanDeaver; Vo; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Johnson, E.
Absent, Excused, Committee Meeting — Longoria; Walle.
Absent — Raney; Reynolds.
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2561
STATEMENT OF VOTE
When Record No. 841 was taken, I was in the house but away from my
desk. I would have voted yes.
Raney
HB 4214 ON THIRD READING
(by Capriglione, Bohac, Blanco, Shaheen, Bernal, et al.)
HB 4214, A bill to be entitled An Act relating to matters concerning
governmental entities, including cybersecurity, governmental efficiencies,
information resources, and emergency planning.
HBi4214 was passed by (Record 842): 139 Yeas, 3 Nays, 2 Present, not
voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.;
Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy;
Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole;
Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, S.; Dean; Deshotel;
Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman;
González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless;
Harris; Hefner; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel;
Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; King, T.; Klick; Krause; Kuempel;
Lambert; Landgraf; Lang; Larson; Leach; Leman; Lopez; Lozano; Lucio;
Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez;
Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson;
Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos;
Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford;
Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer;
Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.;
Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; White; Wilson; Wray;
Wu; Zedler; Zerwas; Zwiener.
Nays — Dominguez; Dutton; Holland.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Johnson, E.
Absent, Excused, Committee Meeting — Longoria; Walle.
Absent — Davis, Y.; King, K.; Stickland.
STATEMENTS OF VOTE
When Record No. 842 was taken, I was in the house but away from my
desk. I would have voted yes.
Y. Davis
When Record No. 842 was taken, I was shown voting yes. I intended to vote
no.
Frullo
2562 86th LEGISLATURE — REGULAR SESSION
HB 1528 ON THIRD READING
(by Rose, Meyer, Ramos, and Anchia)
HB 1528, A bill to be entitled An Act relating to the reporting of certain
information involving family violence offenses.
(Walle now present)
HBi1528 was passed by (Record 843): 100 Yeas, 46 Nays, 2 Present, not
voting.
Yeas — Allen; Allison; Anchia; Ashby; Bailes; Beckley; Bell, K.; Bernal;
Blanco; Bohac; Bowers; Buckley; Bucy; Burns; Button; Calanni; Clardy; Cole;
Coleman; Collier; Cortez; Craddick; Darby; Davis, S.; Davis, Y.; Deshotel;
Dutton; Farrar; Fierro; Frullo; Gervin-Hawkins; Goldman; González, J.;
González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Herrero;
Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson,
J.E.; Kacal; King, K.; King, T.; Landgraf; Larson; Leach; Lopez; Lozano; Lucio;
Martinez; Martinez Fischer; Meyer; Meza; Minjarez; Morales; Morrison; Muñoz;
Murphy; Murr; Neave; Ortega; Pacheco; Paddie; Parker; Perez; Phelan; Price;
Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal;
Sheffield; Sherman; Stickland; Talarico; Thierry; Thompson, E.; Thompson, S.;
Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wray; Wu; Zedler; Zerwas;
Zwiener.
Nays — Anderson; Bell, C.; Biedermann; Bonnen; Burrows; Cain; Canales;
Capriglione; Cyrier; Dean; Dominguez; Flynn; Frank; Geren; Harless; Harris;
Hefner; King, P.; Klick; Krause; Kuempel; Lambert; Lang; Leman; Metcalf;
Middleton; Miller; Nevárez; Noble; Oliverson; Patterson; Paul; Sanford;
Schaefer; Shaheen; Shine; Smith; Smithee; Springer; Stephenson; Stucky;
Swanson; Tinderholt; Toth; White; Wilson.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Johnson, E.
Absent, Excused, Committee Meeting — Longoria.
STATEMENTS OF VOTE
When Record No. 843 was taken, I was shown voting no. I intended to vote
yes.
Capriglione
When Record No. 843 was taken, I was shown voting no. I intended to vote
yes.
Dean
When Record No. 843 was taken, I was shown voting no. I intended to vote
yes.
Kuempel
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2563
When Record No. 843 was taken, I was shown voting yes. I intended to vote
no.
Leach
HB 2817 ON THIRD READING
(by Lucio, Raney, Oliverson, and Raymond)
HB 2817, A bill to be entitled An Act relating to the contractual relationship
between a pharmacist or pharmacy and a health benefit plan issuer or pharmacy
benefit manager.
HBi2817 was passed by (Record 844): 139 Yeas, 3 Nays, 3 Present, not
voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.;
Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy;
Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Cole; Coleman;
Collier; Cortez; Craddick; Cyrier; Darby; Davis, S.; Dean; Dominguez; Dutton;
Farrar; Fierro; Flynn; Frank; Frullo; Gervin-Hawkins; Goldman; González, J.;
González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner;
Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel;
Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Krause;
Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Lopez; Lozano;
Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller;
Minjarez; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble;
Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price;
Ramos; Raney; Raymond; Rodriguez; Romero; Rose; Rosenthal; Sanford;
Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer;
Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry; Thompson, E.;
Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White;
Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Cain; Klick; Tinderholt.
Present, not voting — Mr. Speaker; Geren; Moody(C).
Absent, Excused — Johnson, E.
Absent, Excused, Committee Meeting — Longoria.
Absent — Davis, Y.; Deshotel; Reynolds.
STATEMENTS OF VOTE
When Record No. 844 was taken, I was in the house but away from my
desk. I would have voted yes.
Y. Davis
When Record No. 844 was taken, I was in the house but away from my
desk. I would have voted yes.
Deshotel
2564 86th LEGISLATURE — REGULAR SESSION
HB 2811 ON THIRD READING
(by Price, Frank, Minjarez, S. Thompson, VanDeaver, et al.)
HB 2811, A bill to be entitled An Act relating to the prescribing of
controlled substances and dangerous drugs for acute pain.
HBi2811 was passed by (Record 845): 139 Yeas, 5 Nays, 2 Present, not
voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.;
Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy;
Burns; Burrows; Button; Calanni; Canales; Capriglione; Clardy; Cole; Coleman;
Collier; Cortez; Craddick; Cyrier; Darby; Davis, S.; Dean; Deshotel; Dominguez;
Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman;
González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless;
Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty;
Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.;
Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman;
Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza;
Middleton; Miller; Minjarez; Morales; Morrison; Muñoz; Murphy; Murr; Neave;
Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul;
Perez; Phelan; Price; Ramos; Raney; Raymond; Rodriguez; Romero; Rose;
Rosenthal; Sanford; Shaheen; Sherman; Shine; Smith; Smithee; Springer;
Stephenson; Stickland; Stucky; Talarico; Thierry; Thompson, E.; Thompson, S.;
Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu;
Zedler; Zerwas; Zwiener.
Nays — Cain; Schaefer; Sheffield; Swanson; Tinderholt.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Johnson, E.
Absent, Excused, Committee Meeting — Longoria.
Absent — Davis, Y.; Reynolds.
STATEMENT OF VOTE
When Record No. 845 was taken, I was in the house but away from my
desk. I would have voted yes.
Y. Davis
HB 97 ON THIRD READING
(by Rodriguez, Murphy, Guillen, and Zwiener)
HB 97, A bill to be entitled An Act relating to the eligibility of land for
appraisal for ad valorem tax purposes as qualified open-space land.
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2565
Amendment No. 1
Representative Springer offered the following amendment to HBi97:
Amend HBi97 (second reading engrossment) by striking SECTION 4 of the
bill (page 5, lines 1-6) and substituting the following appropriately numbered
SECTION:
SECTIONi____.iiThis section applies only to land that first qualified for
appraisal under Subchapter D, Chapter 23, Tax Code, on the basis of its use as an
ecological laboratory in the 2014, 2015, 2016, 2017, 2018, 2019, or 2020 tax
year. The change in law made by this Act to Section 23.51(1), Tax Code, relating
to the qualification of land as an ecological laboratory for appraisal under
Subchapter D, Chapter 23, Tax Code, applies to land to which this section applies
beginning with the tax year that begins January 1, 2027. For the 2021, 2022,
2023, 2024, 2025, and 2026 tax years, the qualification of land to which this
section applies for appraisal under Subchapter D, Chapter 23, Tax Code, on the
basis of its use as an ecological laboratory is governed by the law as it existed
immediately before the effective date of this Act, and the former law is continued
in effect for that purpose.
Amendment No. 1 was adopted.
HB 97, as amended, was passed by (Record 846): 140 Yeas, 2 Nays, 2
Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.;
Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns;
Burrows; Button; Cain; Calanni; Capriglione; Clardy; Cole; Coleman; Collier;
Cortez; Craddick; Cyrier; Darby; Davis, S.; Dean; Deshotel; Dominguez; Dutton;
Farrar; Fierro; Flynn; Frank; Frullo; Geren; Gervin-Hawkins; Goldman;
González, J.; González, M.; Goodwin; Guerra; Gutierrez; Harless; Harris; Hefner;
Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel;
Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause;
Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Lopez; Lozano;
Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Miller;
Minjarez; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez; Noble;
Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Phelan; Price;
Ramos; Raney; Raymond; Rodriguez; Romero; Rose; Rosenthal; Sanford;
Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer;
Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.;
Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson;
Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Canales; Stickland.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Johnson, E.
Absent, Excused, Committee Meeting — Longoria.
Absent — Beckley; Davis, Y.; Guillen; Reynolds.
2566 86th LEGISLATURE — REGULAR SESSION
STATEMENT OF VOTE
When Record No. 846 was taken, I was in the house but away from my
desk. I would have voted yes.
Y. Davis
HB 669 ON THIRD READING
(by K. King, Guillen, Springer, Ashby, T. King, et al.)
HB 669, A bill to be entitled An Act relating to the use of the universal
service fund for the provision of broadband service in underserved rural areas.
HBi669 was passed by (Record 847): 114 Yeas, 31 Nays, 2 Present, not
voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.;
Bernal; Blanco; Bohac; Bowers; Buckley; Bucy; Burns; Burrows; Button;
Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick;
Darby; Davis, S.; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro;
Flynn; Frank; Frullo; Gervin-Hawkins; González, J.; González, M.; Goodwin;
Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa; Howard; Huberty;
Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.;
Kuempel; Lambert; Landgraf; Larson; Lopez; Lozano; Lucio; Martinez; Martinez
Fischer; Meyer; Meza; Miller; Minjarez; Morales; Morrison; Muñoz; Murphy;
Murr; Neave; Nevárez; Noble; Ortega; Pacheco; Paddie; Paul; Perez; Phelan;
Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose;
Rosenthal; Sheffield; Sherman; Smith; Smithee; Springer; Stephenson; Stucky;
Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle;
White; Wray; Wu; Zerwas; Zwiener.
Nays — Biedermann; Bonnen; Cain; Cyrier; Geren; Goldman; Harless;
Harris; Hefner; Holland; Klick; Krause; Lang; Leach; Leman; Metcalf;
Middleton; Oliverson; Parker; Patterson; Sanford; Schaefer; Shaheen; Shine;
Stickland; Swanson; Thompson, E.; Tinderholt; Toth; Wilson; Zedler.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Johnson, E.
Absent, Excused, Committee Meeting — Longoria.
Absent — Beckley.
STATEMENTS OF VOTE
When Record No. 847 was taken, I was shown voting yes. I intended to vote
no.
Button
When Record No. 847 was taken, I was shown voting no. I intended to vote
yes.
Cyrier
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2567
When Record No. 847 was taken, I was shown voting no. I intended to vote
yes.
Leman
When Record No. 847 was taken, I was shown voting no. I intended to vote
yes.
E. Thompson
HB 103 ON THIRD READING
(by Martinez, Guillen, Canales, Muñoz, and Anchia)
HB 103, A bill to be entitled An Act relating to the establishment of a public
law school in the Rio Grande Valley.
HBi103 was passed by (Record 848): 107 Yeas, 36 Nays, 2 Present, not
voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell,
K.; Bernal; Blanco; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni;
Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Darby; Davis, S.;
Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren;
Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen;
Gutierrez; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel;
Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, T.; Kuempel; Lambert;
Larson; Leach; Leman; Lopez; Lozano; Lucio; Martinez; Martinez Fischer;
Meyer; Meza; Miller; Minjarez; Morales; Morrison; Muñoz; Murphy; Neave;
Nevárez; Ortega; Pacheco; Parker; Perez; Phelan; Price; Ramos; Raymond;
Rodriguez; Romero; Rose; Rosenthal; Sanford; Shaheen; Sheffield; Sherman;
Shine; Stephenson; Stucky; Talarico; Thompson, E.; Thompson, S.; Toth; Turner,
C.; Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zerwas; Zwiener.
Nays — Bell, C.; Biedermann; Bohac; Bonnen; Cain; Craddick; Cyrier;
Dean; Goldman; Harless; Harris; Hefner; Holland; King, P.; Klick; Krause;
Landgraf; Lang; Metcalf; Middleton; Murr; Noble; Oliverson; Paddie; Patterson;
Paul; Raney; Schaefer; Smith; Smithee; Springer; Stickland; Swanson;
Tinderholt; Wilson; Zedler.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Johnson, E.
Absent, Excused, Committee Meeting — Longoria.
Absent — Davis, Y.; Reynolds; Thierry.
STATEMENT OF VOTE
When Record No. 848 was taken, my vote failed to register. I would have
voted yes.
Y. Davis
2568 86th LEGISLATURE — REGULAR SESSION
HB 2384 ON THIRD READING
(by Leach, Hunter, Flynn, and Clardy)
HB 2384, A bill to be entitled An Act relating to judicial compensation and
assignment and the contributions to, benefits from, membership in, and
administration of the Judicial Retirement System of Texas Plan One and Plan
Two, including related changes to the compensation and retirement benefits of
certain prosecutors and other members of the elected class of the Employees
Retirement System of Texas.
Amendment No. 1
Representative Y. Davis offered the following amendment to HBi2384:
Amend HBi2384 on third reading as follows:
(1)iiIn Section 18, delete Section 659.012(b), Government Code, and insert
the following:
(b)iiA judge or justice for whom the amount of a state base salary is
prescribed by Subsection (a) is entitled to an annual salary from the state in the
amount equal to 110 percent of the state base salary paid in accordance with
Subsection (a) for the judge ’s or justice ’s position.
AMENDMENT NO. 1 - REMARKS
REPRESENTATIVE Y. DAVIS: This amendment merely attempts to create a
fairness across the board with all of our judges. I think that this bill has set up a
tiered system for judicial pay that does not respect all of those who have been
duly elected by the citizens of this state. They should be treated fairly, and there ’s
no reason for us to have a system that treats judges differently. And so this
amendment attempts to deal with what I think is a process that we are putting in
place ourselves for no apparent reason. There ’s no reason for us to take and use
this environment to manipulate a process that is controlled by the citizens of
Texas. They say that this bill is a retention bill and that we ’re trying to keep or
retain some judges and/or attract other judges, the talented or the most talented. I
would submit to you that those judges that have been vetted by the citizens
represent some of the strongest talented individuals in the State of Texas. During
the testimony there was no mention or notion that in fact the judges that have
been duly elected were doing less work or had less credentials. The only thing
they lacked was experience, and the only way you get experience is that you run
for office and get elected. And so in this bill, in our wisdom we ’re now saying
that some judges should be treated differently than other judges, and I think that ’s
fundamentally flawed.
And members, I would just tell you, for those of you who just got elected to
the legislature and for those of you who might be coming to get elected or run for
office, it would be disappointing to know that you ’re going to be treated
differently than those of us who have been here a while. By virtue of the fact that
you run for the same office, you get elected the same way by the citizens in your
district, and the pay is what it is––the pay is what it is––you would be
disappointed to know that we would pass a bill that would treat you differently.
And that ’s what this bill does. It ’s actually taking judges who have been duly
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2569
elected for those different positions, and we are now putting a tiered system in
place saying that they deserve or others deserve more than you to do the same
job. So I would just tell you that as a member of the legislature, we ought not be
spending our time trying to figure out how to separate us but how to make the
entire environment stronger. Picking and choosing winners by virtue of when you
got elected to the position is just not fair. So I wanted to offer this amendment to
discuss, do we really think it ’s the right of the legislature to do this?
REPRESENTATIVE SMITHEE: Ms. Davis, if you could explain. The way I
understand the bill, and I think you ’ve laid this out, is the fact that it basically
stair-steps up to a point judicial salaries based on longevity in office. Is that your
understanding?
Y. DAVIS: That is my understanding, and that was the testimony in the
committee.
SMITHEE: Okay, and then my understanding of your amendment is that you
would apply, basically, a universal pay raise to the entire judiciary regardless of
seniority.
Y. DAVIS: Chairman Smithee, the challenge for me is that in the testimony, we
heard that we were going to pay certain judges differently by virtue of them being
there. It had nothing to do with their rulings, had nothing to do with their
caseloads, had nothing to do with anything other than they had been a judge
longer than some of the others. And as you know, seniority in this house––we
don t’ pay us that have been here longer more than we pay those who just came in.
And so my challenge is for us to be able to justify how we create a tier system
that will treat judges differently than how we should treat everyone else.
SMITHEE: My question, though––I understand your position on the amendment.
My question is, we ’re going to take the same pool of money and spread it out to
all judges equally regardless of longevity?
Y. DAVIS: Yes. Based on testimony, they say we don t’ pay our judges enough.
So I think judges should be paid––if we want to pay judges more, I think we
should treat them all the same. My amendment basically says that whatever pool
of money we ’re going to have to do increases, we will treat judges the same way
across the board. And to attempt to do that, my amendment simply says let ’s give
everybody the same amount, whatever that amount is, because they ’re doing the
same job and they ’ve been elected the same way. Just as we wouldn t’ pay
members who have been in the legislature differently than those who have just
come into the legislature, it makes no sense to me that we would then do our
judges that way. We shouldn t’ be picking and choosing who gets more money.
We should be treating our judges across the board the same. And I think if they
want more money, let ’s pay them all more money.
SMITHEE: I think we all understand your reasons for offering the amendment,
but I have two questions. Number one is, will this increase the fiscal cost of the
bill?
2570 86th LEGISLATURE — REGULAR SESSION
Y. DAVIS: It would appear that it would not because I ’m only trying to treat them
the way this bill is treating it and whatever the amount of money that is.
SMITHEE: So does it cost more or less?
Y. DAVIS: I ’m not sure if it costs more or less. I would submit that I would
certainly be glad to figure out a way to do a balance across the board. I don t’
know what the fiscal note was on this bill. I just know that from a policy
standpoint it makes no sense for us to justify or attempt to justify why you would
pay one differently than the other.
SMITHEE: Okay, and the second question is, will your amendment, if it goes on,
affect legislators ’pension or retirement?
Y. DAVIS: I ’m happy to take an amendment that says that legislators will not
receive this increase. I ’m not trying to do an increase for legislators. I know
members are a little uncomfortable with that. I ’m more concerned that we have a
commitment to fairness across the board to all of our judges, and how we do that
is what is more important than whether or not this improves someone else ’s
personal interests. I ’m happy to discuss––let ’s do this so members are not going
to get a raise. That ’s not my intent. My intent is that how can we be comfortable
individually taking a judicial slot and pay them differently than another judicial
slot? They ’re doing the same work. Now, why would we treat them differently?
And that is the policy question. So the cost of it, we as a state––we ’ve got to
decide, how do we want to govern? Do we want to treat people fairly? Or do we
want to govern where some are going to be treated better by virtue of the fact that
they got there sooner? That ’s the question, and this amendment is trying to find
some balance in recognizing that members here are not going to be treated
differently because they came sooner or later. So how can we be in good faith
doing that to our judges? And while I support giving judges an increase, I support
we treat them fairly and do it across the board to all of our judges.
And with that, members, I just think that as members of a legislative
body––and I know we ’re all zoned out so we don t’ have to be thinking about the
votes we make and the votes that we ’re casting so that when we get home it
becomes kind of silent in our mind––but there ’s some things that we should not
be doing. I ’m just suggesting that we need to be clearer about the policy
discussion. And while I recognize I don t’ have the votes––I understand this is
something that everybody has pretty much said we ’re going to do it this way––I
don t’ want to be silent on how we r’e institutionalizing discrimination based on
how we come in and when we come in. That ’s what we ’re doing here. We ’re
saying that because you didn t’ come in eight years ago or 12iyears ago or 14ior
16iyears ago, you get less money. And we don t’ do that to members of this
legislature. In fact, we d’ be offended if somebody did that to us, and I don t’ know
how you can leave here justifying that approach to how we give an increase to
our judges. I would just tell you that if you ’re worried about you getting an
increase from this, we can take that amendment so that the legislature will not
receive an increase. But if you leave here voting for this bill and talking about
judicial pay increase and you treat judges differently by virtue of their tenure on
the bench, you ’re now saying to them that if you didn t’ run 20iyears ago or
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2571
couldn t’ get elected 12iyears ago, shame on you––you don t’ deserve what the
others deserve. You know, I ’m just saying that ’s the decision here, and I know my
chairman has been gracious and said we ’re not trying to do that. But in fact, that ’s
exactly what we ’re doing.
Okay, I was going to pull it down because I lost it in the committee voting
on it. Because I know all of your judges have been talking about voting. They
want this pay raise. They haven t’ had a pay raise in 12iyears or 14iyears or
whatever. But I think it s’ important, so I would move to support this amendment.
REPRESENTATIVE LEACH: Members, we ’re going to vote up or down on this
amendment. I ’m not going to move to table because I actually agree with
Representative Davis that the body deserves to vote on this policy discussion. But
let ’s be very clear about what this bill does and doesn t’ do. I think Representative
Davis in her words just said that this bill was institutionalized discrimination, and
in fact, it does the exact opposite. This bill is supported by democrats new and
old––or I should say new and those long-serving judges all across the state from
districts rural and urban. Democrats and republicans, African Americans,
Hispanics, females, males, white judges––we have received overwhelming
support with respect to this bill. To be clear, over the past 18 years––18 years,
members––our Texas judges have only received two pay raises. With respect to
judicial pay, our judges on our high courts rank 29th in the nation. Our appellate
judges rank 25th in the nation. Our district judges rank 31st in the nation.
Essentially, salaries for our judges are 20ito 35ipercent lower than the salaries for
judges in other states. Members, more than 60ipercent of our judges have been
licensed attorneys for more than 25iyears, yet there ’s no question that they make
significantly less than the average salary of an experienced lawyer. According to
the Texas Workforce Commission, this amount is approximately $185,000.
Adjusting for inflation, Texas judges are paid less now than they were in 1991,
28iyears ago. This bill, as I mentioned last night, at the core establishes the base
pay for our judges at $140,000. This is the amount we ’ve been appropriating
toward judicial compensation since 2013. And then the compensation would
increase by 10ipercent every four years that they serve, up to 12iyears, on a tiered
pay scale.
And members, if you ’re interested in what your judges in your districts are
going to make under this bill, I ’ve got all the information right here––your new
judges and judges who ’ve been around four, eight, 12, 16, in some cases
30iyears. And the response, the feedback that we ’ve gotten from judges all across
the state is yes, pass this bill. Because we don t’ want our judges across this state
to have to rely on the legislature to come back here every session and debate on
whether all judges should receive a pay raise. If and when this bill passes, under
the terms of this bill, automatically the system will allow for and will encourage
our judges to stay on the bench instead of leaving for private practice. And so if
they faithfully execute their job and get reelected, at four years they ’re going to
get a 10ipercent pay raise. At eight years they ’re going to get a 20ipercent pay
raise from the base pay. At 12iyears, a 30ipercent pay raise. That is incredible.
They don t’ have to rely on the legislature to come back here.
2572 86th LEGISLATURE — REGULAR SESSION
And let me make very clear what Representative Davis i’amendment does
do. Representative Davis i’amendment, it ’s my understanding, raises the base pay
for all judges by 10ipercent. And in so doing, by voting for Representative
Davis i’amendment, you are voting to increase your pension. You are voting
today, if you vote yes on Representative Davis i’amendment, to vote to increase
your pension. I, as the author of this bill, am not willing to do that. And so let me
make very clear that if Representative Davis i’amendment goes on––and we ’re
going to vote on it––if it goes on, I ’m going to do everything I can to kill my own
bill because I do not believe that legislators this session should be even having
the discussion about whether we should give ourselves any sort of pay raise.
That ’s what her amendment does, and I ’m not willing to go that route. I would
encourage you to vote no on her amendment, and I ’m happy to take questions.
REPRESENTATIVE KRAUSE: As we heard this bill in committee, I think this
goes to the fact that when you ’re running for judge you know exactly what the
salary s’ going to be. You know exactly what the commitments are going to be. So
this amendment kind of cuts against that, right? I mean, we ’re not surprising
anybody. We ’re not taking anything away from those who have just run in the last
couple of years. They knew exactly what they were signing up for, is that correct?
LEACH: That ’s right, Representative Krause. Every single judge newly elected
this past November knew that when they ran. If they won office, they were
getting $140,000ibase pay. And I would say that under this bill, those judges can
be assured that they are getting a pay raise in four years. So if they get reelected,
they can be assured under this bill that they ’re getting a 10ipercent pay raise.
They don t’ have to wait on or worry about whether the legislature is going to
come vote to approve a pay raise for all judges. Under this bill, if they faithfully
execute their office and get reelected in four years, they will get a 10ipercent pay
raise in four years.
KRAUSE: That ’s right. And Chief Justice Hecht came and testified in front of
our committee talking about the need to increase judicial pay because he said
oftentimes after a number of years we lose these great, qualified judges to the
private sector or other places. I think you said in your layout it only makes sense
that we increase the pay for those who have been here eight, 12, 16iyears because
those are the ones we ’re actually seeking to retain and keep on our benches. Is
that right?
LEACH: I couldn t’ have said it better, Representative Krause. That ’s absolutely
correct.
KRAUSE: Okay. Well, I appreciate your work on this bill. I think it s’ past time
that we actually have some higher salaries for our judges. You ’ve come up with a
great framework to do it that doesn t’ enrich us, as you just made clear. So I
appreciate your support, and I l’l be supporting you saying no to the amendment.
REPRESENTATIVE ROMERO: So just to help me understand, there ’s going to
be a pay raise for all judges to $140,000, correct?
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2573
LEACH: That ’s actually sort of correct. Let me explain. So right now we already
pay, based on the Appropriations bills from recent sessions, we ’ve been paying
since 2013iall of our judges $140,000ia year. That ’s actually not in statute. That ’s
been in the Appropriations bills. So what this bill ’s going to do is put that
$140,000ithat we ’ve been paying judges in statute. So we are not increasing the
base pay. We ’re setting the base pay in statute at $140,000iand then basing the
tier system––the four, eight, 12-year tier system––on that base pay number.
ROMERO: And within the bill there are different increments by which a judge
could receive a raise if a judge has already been serving those number of years.
So then your bill would in essence give those judges who have been there a
longer period of time a greater increase in their pay if this bill takes effect. Is that
correct?
LEACH: There are many judges across the state that are going to get very
handsome––in some cases 30ipercent––pay raises if and when this bill passes if
they ’ve been serving for 12iyears.
ROMERO: Based upon how long they ’ve been here. So those judges that have
been serving longer are going to receive a greater increase immediately?
LEACH: Based on the bill, yes. It ’s based, Representative, on your years of
service, on four, eight, and 12iyears. So yes, if they have been serving longer,
they will get a bigger pay raise, if you will.
ROMERO: Right. So yesterday when you laid it out, you said that someone that
had been serving 12iyears could see as much as a 30ipercent increase. So
therefore, those judges that have served at least 12iyears could see a 30ipercent
increase above the base pay of $140,000?
LEACH: That ’s correct. And again, if you ’r e interested in what your
judges-––and I would add, members, your district attorneys because district
attorneys are included in this bill as well––if you ’re interested in how their
compensation will be impacted, I have that information here.
REPRESENTATIVE CANALES: Thank you, Representative Leach, for all your
hard work on this. Let me start with that. I know you ’ve worked all session, and I
know that what you ’re doing is something that needs to get done. I just want to
ask you a little bit about Representative Davis i’amendment. I ’m just kind of
mulling it over in my head. Would you think that because someone ’s in the
legislature longer that we should get paid more?
LEACH: If someone is in the legislature longer?
CANALES: If you and I, for instance––I l’l give you an example. You ’re here
three sessions, and I ’m here 12. Should I be getting paid more than you because
I ’m here longer? Because that ’s what we ’re doing.
LEACH: Well, not really, because members don t’ come into this legislature to
make a living. We get paid $7,200ia year before taxes. But I will tell you that, for
instance, in private practice––as you know as a lawyer, Representative
Canales––that a 20-year lawyer is making much more than a one-year lawyer.
2574 86th LEGISLATURE — REGULAR SESSION
CANALES: But you ’re comparing apples to oranges. This is a public elected
official, and these are elected positions. Compare it to another one. Should the
governor get paid more because he ’s there longer? Should any elected officials be
getting raises because they ’re there longer? I appreciate what Representative
Davis is doing, and I think your bill has a great intent. I believe we need to give
judges a raise, but I think we ’re setting a bad precedent. I don t’ think it ’s about
raising our pensions. I think that by setting this precedent and not accepting the
amendment or not voting for the amendment, we ’re basically saying elected
officials have to get paid more the longer they ’re there. Here ’s a question:iWhat is
the difference in the workload for a judge that just got elected to a judge that ’s
been there 10iyears? There ’s no difference in workload. They ’re doing the same
job.
Y. DAVIS: Again, let me just say this––I don t’ disagree with Chairman Leach in
his quest to give judges an increase. I don t’ think it ’s anything to be proud of that
our judges are number 29th and 25th in terms of salary payment that we pay
them. What I think is unconscionable, though, is that we would manipulate a
process that gives certain judges more money than other judges for the same job.
And I think he was a bit offended that I used the word "discrimination." I don t’
know any other way to describe when you take two people doing the same thing,
doing the same job, and you treat them differently. I don t’ know any way to call
that. And if there ’s another way to say that you treat people differently that are
doing the same thing and one doesn t’ lend itself to discriminating against the
other, I ’m just not aware of the word that I would use.
CANALES: Representative, is there a difference between what a judge that just
got elected is doing and a judge that ’s been there for 12iyears is doing as far as
workload?
Y. DAVIS: To my knowledge there is no difference from that person that was
elected recently and that person that ’s in the same district court or probate court.
They ’re doing the same job.
CANALES: And they ’re state employees, is that correct?
Y. DAVIS: That s’ correct.
CANALES: So under Mr. Leach ’s theory, every state employee then should get
these raises across the board. Every state employee should get raises across the
board for tenure. Why are we treating judges––I believe they need a raise––but
why are we creating this special class of elected official and/or state employee
that gets more money the longer they r’e there? Do you know of any other office
or state employee that gets raises the way that we ’re doing based on tenure?
Y. DAVIS: And I think that ’s my problem with this approach. It ’s that the
policy––the message we ’re sending in this policy is that it ’s okay to treat people
differently.
CANALES: But is there another elected official––I ’m seeing Mr.iLeach
disagreeing––but is there another elected official that we give raises to for being
there longer?
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2575
Y. DAVIS: I ’m not aware of it. I know here in this body we ’re not paying
Ms.iThompson more than we ’re paying any other member, and she ’s certainly
been here. Or Speaker Craddick ’s not making more.
CANALES: Well, Speaker Craddick would be a millionaire if that was––well, he
is a millionaire.
Y. DAVIS: The question for me is a policy issue. Are we sure we want to set a
standard where we start treating people differently for the same elected positions?
CANALES: I agree with you. We need to raise their pay, but I think your
amendment is great. I think the other way around we set a slippery slope. We ’re
setting a bad precedent all the way across the board. We need to raise our
judges i’pay, but thank you for your amendment.
Y. DAVIS: Again, members, I ’m just trying to talk about this from a policy
standpoint. At some point the State of Texas has to review how we make
decisions. As members of this body, it is our responsibility to look after the state
and the state ’s welfare. And we as a body would not want to be charged with
treating our judges differently because they came later.
REPRESENTATIVE RAMOS: I think this is a great amendment. I am a
practicing attorney. I see the judges, whether elected yesterday or 20iyears ago,
doing exactly what you ’re saying, the same job. And if judges cannot live on the
current salary––they can ’t do it now at $110,000ior at $125,000ior
$140,000––they all have the same living expenses across the board, so we should
be equally uniform in their increases. I am aware that these conversations started
happening––well, let me ask you this. Have there been conversations such as this
in your past history where we ’ve discussed increasing the judges i’pay that ’s not
tied to retirement in the past?
Y. DAVIS: No. And in fact, what we were trying to say is that this bill is different
from any other bill because we ’re saying that people should be getting more for
doing the same job. It ’s a fundamental policy discussion about whether or not we
want to do that. Again, I ’m not trying to increase our retirement. So take that
away. We have someone drafting an amendment, if that were the case, to remove
the thought that we would be increasing our own pension plan. I m ’ not trying to
do that. This is a fundamental discussion on how we ’re going to make decisions
in the state legislature with regard to how we treat our citizens.
RAMOS: So to be clear, you want an across-the-board increase for all of our
judges, and you do not want it connected at all with the the pensions here for the
legislators. Is that correct?
Y. DAVIS: That ’s exactly right. And let me say this––members, the chairman will
tell you that I indicated early on that I support the judicial pay raise. So I don t’
want anybody to leave here saying I ’m anti-judicial pay raise. I do support that.
But I do think it ’s important that we don t’ do it in a manner that has the effect of
treating people differently, number one. Number two, there is no assurance that
anybody is going to get reelected. So why are we putting in these false steps
because you ’ve been there? Because you might not get reelected the next term.
2576 86th LEGISLATURE — REGULAR SESSION
That ’s why it ’s so important that we take time to look at a process that will be fair
across the board. And I ’ve had members come and say, you ’re not going to make
us take this vote, are you? And that s’ fundamentally the problem with this
environment. We want to ignore the policy discussions for what feels comfortable
for us.
RAMOS: Well, Representative Davis, I want to thank you for this amendment. I
think it ’s very important. As I do go into court, as I deal with individuals in our
communities and families in our communities, I think it ’s wonderful that we have
new judges––for example, what happened in Houston with the new election of
the judges––to reflect their community to understand some of the circumstances
that are happening in the community. I think we should value all judges and
especially ones that are new to our communities and to continue to grow that
expertise and that experience. And the only way we can do that is to be uniform
and balanced across the board. So I thank you very much, and I think this is a
great amendment.
Y. DAVIS: Members, I would ask that you at least take a minute to think about
the policy here. Think about the policy as it relates to where we ’re going and how
we ’re making decisions. And again, I ’ve never been opposed to the pay raise for
the judges. I think that we ought to do better, but I think that as an elected body
that ’s getting elected the same way in every district, we need to be clear that this
is an issue that we need to be addressing. And so taking a vote or not taking a
vote, you ought to all individually be thinking about how this feels to you from a
policy standpoint. And I don t’ know that we have an amendment drafted to make
sure that members don t’ get the pay raise and the pension. Again, that ’s not what
I was trying to do. But I think it ’s important that we talk about how we make
decisions when we do these kinds of things. I think we ’ve gotten so comfortable
just doing stuff that I wanted to at least raise the issue––are you comfortable
making decisions that create these tiers and artificially give some more than the
others for the same job? So with that, I ’m going to withdraw this amendment. I ’m
going to withdraw this amendment because I don t’ want members to have to go
back and explain why they voted for a pay raise for some and not for others. As I
talked to my judges in Dallas County, some of the old ones and the new ones,
while they asked for the pay raise, they couldn t’ justify getting treated better than
others. And I think that ’s the issue here.
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. 15).
HB 2384 - (consideration continued)
Amendment No. 1 was withdrawn.
HB 2384 was passed by (Record 849): 143 Yeas, 2 Nays, 2 Present, not
voting.
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2577
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.;
Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy;
Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole;
Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, S.; Davis, Y.; Dean;
Deshotel; Dominguez; Dutton; Farrar; Flynn; Frank; Frullo; Geren;
Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra;
Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa;
Holland; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Kacal; King, K.; King,
P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach;
Leman; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer;
Meza; Middleton; Miller; Minjarez; Moody(C); Morales; Morrison; Muñoz;
Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Paddie; Parker;
Patterson; Paul; Perez; Phelan; Price; Raney; Raymond; Reynolds; Rodriguez;
Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman;
Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky; Swanson;
Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.;
Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas;
Zwiener.
Nays — Johnson, J.E.; Ramos.
Present, not voting — Mr. Speaker; Fierro.
Absent, Excused — Johnson, E.
Absent, Excused, Committee Meeting — Longoria.
Absent — Pacheco.
STATEMENTS OF VOTE
When Record No. 849 was taken, I was shown voting yes. I intended to vote
no.
Beckley
When Record No. 849 was taken, I was shown voting no. I intended to vote
yes.
J.E. Johnson
HB 720 ON THIRD READING
(by Larson)
HB 720, A bill to be entitled An Act relating to appropriations of water for
recharge of aquifers and use in aquifer storage and recovery projects.
HBi720 was passed by (Record 850): 135 Yeas, 3 Nays, 2 Present, not
voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Beckley; Bell, C.; Bell,
K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy;
Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole;
Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, S.; Davis, Y.; Dean;
Deshotel; Dominguez; Dutton; Flynn; Frank; Frullo; Geren; Gervin-Hawkins;
2578 86th LEGISLATURE — REGULAR SESSION
Goldman; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris;
Hefner; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson,
J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel;
Lambert; Landgraf; Lang; Larson; Leach; Leman; Lopez; Martinez; Martinez
Fischer; Metcalf; Meyer; Middleton; Miller; Minjarez; Morales; Morrison;
Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Paddie;
Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond;
Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen;
Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland;
Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt;
Toth; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Zedler; Zerwas;
Zwiener.
Nays — Fierro; González, J.; Meza.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Johnson, E.
Absent, Excused, Committee Meeting — Longoria.
Absent — Anchia; Farrar; Hernandez; Lozano; Lucio; Pacheco; Turner, C.;
Wu.
STATEMENT OF VOTE
When Record No. 850 was taken, I was in the house but away from my
desk. I would have voted yes.
Lozano
HB 133 ON THIRD READING
(by Canales and Ramos)
HB 133, A bill to be entitled An Act relating to the payment of gratuities to
certain employees.
HBi133 was passed by (Record 851): 88 Yeas, 54 Nays, 2 Present, not
voting.
Yeas — Allen; Anchia; Anderson; Ashby; Bailes; Beckley; Bernal;
Biedermann; Blanco; Bowers; Burrows; Calanni; Canales; Clardy; Cole;
Coleman; Collier; Cortez; Davis, S.; Davis, Y.; Dean; Dominguez; Dutton;
Fierro; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González,
M.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Herrero; Hinojosa;
Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; King, K.; King,
T.; Klick; Krause; Kuempel; Lopez; Lozano; Lucio; Martinez; Martinez Fischer;
Meza; Minjarez; Morales; Muñoz; Murphy; Neave; Nevárez; Oliverson; Ortega;
Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal;
Sanford; Sheffield; Sherman; Springer; Stephenson; Talarico; Thierry;
Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle;
Wilson; Wu; Zwiener.
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2579
Nays — Allison; Bell, C.; Bell, K.; Bohac; Bonnen; Buckley; Burns;
Button; Cain; Capriglione; Craddick; Cyrier; Darby; Flynn; Harless; Harris;
Hefner; Holland; Kacal; King, P.; Lambert; Landgraf; Lang; Larson; Leach;
Leman; Metcalf; Meyer; Middleton; Miller; Morrison; Murr; Noble; Paddie;
Parker; Patterson; Paul; Phelan; Price; Raney; Schaefer; Shaheen; Shine; Smith;
Smithee; Stickland; Stucky; Swanson; Tinderholt; Toth; White; Wray; Zedler;
Zerwas.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Johnson, E.
Absent, Excused, Committee Meeting — Longoria.
Absent — Bucy; Deshotel; Farrar; Pacheco.
STATEMENTS OF VOTE
When Record No. 851 was taken, I was shown voting yes. I intended to vote
no.
Anderson
When Record No. 851 was taken, I was shown voting yes. I intended to vote
no.
Biedermann
When Record No. 851 was taken, I was in the house but away from my
desk. I would have voted yes.
Bucy
When Record No. 851 was taken, I was shown voting yes. I intended to vote
no.
Dean
When Record No. 851 was taken, I was in the house but away from my
desk. I would have voted yes.
Deshotel
When Record No. 851 was taken, I was shown voting yes. I intended to vote
no.
Frank
When Record No. 851 was taken, I was shown voting no. I intended to vote
yes.
Morrison
When Record No. 851 was taken, I was shown voting yes. I intended to vote
no.
Oliverson
2580 86th LEGISLATURE — REGULAR SESSION
When Record No. 851 was taken, I was shown voting yes. I intended to vote
no.
Springer
When Record No. 851 was taken, I was shown voting yes. I intended to vote
no.
E. Thompson
When Record No. 851 was taken, I was shown voting yes. I intended to vote
no.
Wilson
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
CSHB 4306 ON SECOND READING
(by Biedermann, Nevárez, Cain, Miller, Murr, et al.)
CSHB 4306, A bill to be entitled An Act relating to border security
enhancement projects and the creation of a fund to pay for those projects;
allocating the earnings on the balance of that fund and reimbursement of related
expenditures.
CSHB 4306 was read second time on April 30 and was postponed until
6ia.m.itoday.
Representative Biedermann moved to postpone consideration of
CSHBi4306iuntil 1:30ip.m. today.
The motion prevailed.
HB 2748 ON SECOND READING
(by Perez and Shaheen)
HB 2748, A bill to be entitled An Act relating to regulation of the retail sale
of fireworks.
HB 2748 was read second time on April 23, postponed until April 25,
postponed until 10ia.m.iApril 30, postponed until 8ip.m.iApril 30, postponed
until 8:45ip.m.iApril 30, and was again postponed until 8ia.m.itoday.
Representative Perez moved to postpone consideration of HBi2748iuntil
10ia.m.iWednesday, May 8.
The motion prevailed.
HB 3345 ON SECOND READING
(by Price, Lucio, Paul, Guillen, Lambert, et al.)
HB 3345, A bill to be entitled An Act relating to health benefit coverage
provided by certain health benefit plans for telemedicine medical services and
telehealth services.
HB 3345 was read second time on April 24 and was postponed until
10ia.m.itoday.
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2581
Representative Price moved to postpone consideration of HBi3345iuntil
10ia.m.iTuesday, May 7.
The motion prevailed.
LEAVE OF ABSENCE GRANTED
Pursuant to a previous motion, the following member was granted leave of
absence temporarily for today to attend a meeting of the Conference Committee
on HBi1:
S. Davis on motion of Wu.
HB 1839 ON SECOND READING
(by S. Thompson, Rodriguez, Allen, Morales, Farrar, et al.)
HB 1839, A bill to be entitled An Act relating to the allocation of housing
tax credits to developments within proximate geographical areas.
HB 1839 was read second time on April 24 and was postponed until
10ia.m.itoday.
Representative S. Thompson moved to postpone consideration of
HBi1839iuntil 10ia.m.iTuesday, May 7.
The motion prevailed.
CSSB 586 ON SECOND READING
(Neave - House Sponsor)
CSSB 586, A bill to be entitled An Act relating to the training of peace
officers for family violence and sexual assault assignments.
CSSB 586 was considered in lieu of CSHB 282.
CSSBi586 was read second time and was passed to third reading.
CSHB 282 - LAID ON THE TABLE SUBJECT TO CALL
Representative Neave moved to lay CSHBi282 on the table subject to call.
The motion prevailed.
MAJOR STATE CALENDAR
HOUSE BILLS
SECOND READING
The following bills were laid before the house and read second time:
CSHB 3745 ON SECOND READING
(by C. Bell, Rose, Capriglione, Zerwas, E. Thompson, et al.)
CSHBi3745, A bill to be entitled An Act relating to the Texas emissions
reduction plan fund and account.
CSHBi3745 was passed to engrossment.
2582 86th LEGISLATURE — REGULAR SESSION
CSHB 4181 ON SECOND READING
(by Geren)
CSHBi4181, A bill to be entitled An Act relating to the organization and
efficient operation of the legislative branch of state government.
Representative Geren moved to postpone consideration of CSHBi4181iuntil
3ip.m.itoday.
The motion prevailed.
GENERAL STATE CALENDAR
HOUSE BILLS
SECOND READING
The following bills were laid before the house and read second time:
CSHB 406 ON SECOND READING
(by Price, S. Thompson, Sheffield, Minjarez, Paddie, et al.)
CSHBi406, A bill to be entitled An Act relating to organ donor registration
information when applying for a hunting or fishing license on the Internet.
REMARKS ORDERED PRINTED
Representative Ramos moved to print all remarks on HBi2384.
The motion prevailed.
CSHBi406 - (consideration continued)
CSHBi406 was passed to engrossment.
(Goldman in the chair)
HB 1906 ON SECOND READING
(by Burns and Shaheen)
HBi1906, A bill to be entitled An Act relating to an exemption from or
federal waiver of the annual assessment requirements for public school students
with significant cognitive disabilities.
Amendment No. 1
Representatives Hinojosa and Burns offered the following amendment to
HBi1906:
Amend HBi1906 (house committee printing) by striking all below the
enacting clause and substituting the following:
SECTIONi1.iiSection 39.023, Education Code, is amended by adding
Subsections (b-2) and (b-3) to read as follows:
(b-2)iiNotwithstanding Subsection (b), (b-1), or any other law, and to the
extent consistent with federal law, the parent of or person standing in parental
relation to a student with significant cognitive disabilities may request that the
student be exempted from the administration of an alternative assessment
instrument adopted or developed under Subsection (b) or (b-1). If a parent or
person standing in parental relation makes a request for exemption under this
subsection, the student ’s admission, review, and dismissal committee, in
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2583
consultation with the parent or person standing in parental relation, shall
determine if the student should be exempted from administration of the
alternative assessment instrument. If the student is exempted from administration
of the alternative assessment instrument under this subsection, the student must
be assessed in the applicable subject using the alternative assessment method
developed under Subsection (b-3).
(b-3)iiThe commissioner, in consultation with stakeholders, including
parents of and persons standing in parental relation to students with significant
cognitive disabilities, shall develop for each applicable subject an alternative
assessment method for the assessment of students who receive an exemption
from the administration of an alternative assessment instrument under Subsection
(b-2). The criteria for the assessment method must include progress on the goals
identified in the student ’s individualized education plan. The commissioner shall
adopt rules necessary to implement this subsection.
SECTIONi2.iiSubchapter C, Chapter 39, Education Code, is amended by
adding Section 39.0547 to read as follows:
Sec.i39.0547.iiEVALUATING SPECIALIZED SUPPORT CAMPUSES. (a)
In this section, "specialized support campus" means a school district campus that:
(1)iihas a campus identification number;
(2)iiserves students enrolled in any grade level at which state assessment
instruments are administered; and
(3)iihas a student enrollment in which:
(A)iiat least 90 percent of students receive special education
services under Subchapter A, Chapter 29; and
(B)iia significant percentage of the students required to take an
assessment instrument under Section 39.023:
(i)iitake an alternative assessment instrument under Section
39.023(b) or (b-1); and
(ii)iiare unable to provide an authentic academic response on
that assessment instrument.
(b)iiThe commissioner, in consultation with administrators of specialized
support campuses, teachers at specialized support campuses, parents and
guardians of students enrolled at specialized support campuses, and other
stakeholders, by rule shall establish appropriate accountability guidelines under
this chapter for use by a specialized support campus in developing an alternative
accountability plan under Subsection (c) based on the specific student population
served by the campus. The commissioner shall provide for public notice and
comment in adopting rules under this subsection.
(c)iiA specialized support campus may develop and submit to the
commissioner for approval an alternative accountability plan tailored to the
student population served by the campus, based on the guidelines established
under Subsection (b). The commissioner may approve the alternative
accountability plan only if the plan:
(1)iifollows the guidelines established under Subsection (b); and
(2)iicomplies with applicable federal law.
2584 86th LEGISLATURE — REGULAR SESSION
(d)iiNotwithstanding any other provision of this code, if the commissioner
approves an alternative accountability plan developed by a specialized support
campus under Subsection (c), the commissioner shall determine, report, and
consider the performance of students enrolled at the campus using that plan.
(e)iiNot later than December 1, 2022, the commissioner shall submit to the
governor, the lieutenant governor, the speaker of the house of representatives, and
the standing legislative committees with primary jurisdiction over public
education a report on the effectiveness of this section in evaluating specialized
support campuses and any recommendations for legislative or other action.
(f)iiThis section expires September 1, 2023.
SECTIONi3.iiNot later than January 1, 2020, the Texas Education Agency
shall apply to the United States Department of Education for a waiver of the
annual alternate assessment of students with significant cognitive disabilities
required under the Every Student Succeeds Act (20iU.S.C.iSection 6301iet seq.)
and the Individuals with Disabilities Education Act (20iU.S.C.iSection 1400iet
seq.).
SECTIONi4.iiThis Act applies beginning with the 2019-2020 school year.
SECTIONi5.iiThis 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, 2019.
Amendment No. 1 was adopted.
HB 1906, as amended, was passed to engrossment.
CSHB 3950 ON SECOND READING
(by Frank, Minjarez, and Klick)
CSHB 3950, A bill to be entitled An Act relating to the establishment of the
child welfare task force and provision of services in the child welfare system.
Representative Frank moved to postpone consideration of CSHBi3950iuntil
10ia.m.iFriday, May 3.
The motion prevailed.
HB 351 ON SECOND READING
(by Blanco, Capriglione, Dean, and Minjarez)
HB 351, A bill to be entitled An Act relating to emergency management for
cyber attacks against this state.
HBi351 was passed to engrossment.
HB 882 ON SECOND READING
(by C. Bell)
HB 882, A bill to be entitled An Act relating to the duration of a bingo
occasion.
HBi882 was passed to engrossment.
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2585
HB 354 ON SECOND READING
(by Herrero and Wu)
HB 354, A bill to be entitled An Act relating to exemption of certain
firefighters and police officers from jury service.
Representative Wu moved to postpone consideration of HBi354iuntil
4ip.m.itoday.
The motion prevailed.
CSHB 2481 ON SECOND READING
(by Metcalf, Ramos, and Guillen)
CSHB 2481, A bill to be entitled An Act relating to the administration of a
veterans treatment court program.
CSHBi2481 was passed to engrossment.
HB 399 ON SECOND READING
(by Hernandez and Ramos)
HB 399, A bill to be entitled An Act relating to the period during which an
employee may file a claim for unpaid wages with the Texas Workforce
Commission.
A record vote was requested by Representative Stickland.
HBi399 was passed to engrossment by (Record 852): 81 Yeas, 61 Nays, 2
Present, not voting.
Yeas — Allen; Allison; Anchia; Ashby; Beckley; Bernal; Blanco; Bohac;
Bowers; Buckley; Bucy; Button; Calanni; Canales; Cole; Coleman; Collier;
Cortez; Davis, Y.; Deshotel; Dominguez; Dutton; Farrar; Fierro; Geren;
Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen;
Gutierrez; Harris; Hernandez; Herrero; Hinojosa; Howard; Israel; Johnson, J.D.;
Johnson, J.E.; King, T.; Krause; Leach; Leman; Lopez; Lozano; Lucio; Martinez;
Martinez Fischer; Meyer; Meza; Minjarez; Moody; Morales; Muñoz; Neave;
Nevárez; Ortega; Pacheco; Perez; Ramos; Raney; Raymond; Reynolds;
Rodriguez; Romero; Rose; Rosenthal; Sheffield; Sherman; Stephenson; Talarico;
Thierry; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zerwas; Zwiener.
Nays — Anderson; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Burns;
Burrows; Capriglione; Clardy; Craddick; Cyrier; Darby; Dean; Flynn; Frank;
Frullo; Harless; Hefner; Holland; Huberty; Hunter; Kacal; King, K.; King, P.;
Klick; Kuempel; Lambert; Landgraf; Lang; Larson; Metcalf; Middleton; Miller;
Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul;
Phelan; Price; Schaefer; Shaheen; Shine; Smith; Springer; Stickland; Stucky;
Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; White; Wilson; Wray;
Zedler.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Johnson, E.
2586 86th LEGISLATURE — REGULAR SESSION
Absent, Excused, Committee Meeting — Davis, S.; Longoria.
Absent — Cain; Sanford; Smithee.
STATEMENTS OF VOTE
When Record No. 852 was taken, I was shown voting yes. I intended to vote
no.
Allison
When Record No. 852 was taken, I was shown voting yes. I intended to vote
no.
Ashby
When Record No. 852 was taken, I was shown voting yes. I intended to vote
no.
Buckley
When Record No. 852 was taken, I was shown voting yes. I intended to vote
no.
Button
When Record No. 852 was taken, I was shown voting yes. I intended to vote
no.
Harris
When Record No. 852 was taken, I was shown voting yes. I intended to vote
no.
Leman
CSHB 1243 ON SECOND READING
(by Ashby, Price, et al.)
CSHB 1243, A bill to be entitled An Act relating to the allocation of certain
revenue from mixed beverage gross receipts and sales taxes.
CSHBi1243 was passed to engrossment.
CSHB 441 ON SECOND READING
(by Bernal, Romero, Anchia, Stucky, S. Thompson, et al.)
CSHB 441, A bill to be entitled An Act relating to requiring the Texas
Workforce Commission to pay the cost of taking a high school equivalency
examination for certain individuals.
A record vote was requested by Representative Sanford.
CSHBi441 was passed to engrossment by (Record 853): 76 Yeas, 63 Nays,
3 Present, not voting.
Yeas — Allen; Anchia; Beckley; Bernal; Blanco; Bowers; Bucy; Calanni;
Canales; Capriglione; Cole; Coleman; Collier; Cortez; Davis, Y.; Deshotel;
Dominguez; Dutton; Farrar; Fierro; Geren; Gervin-Hawkins; González, J.;
González, M.; Goodwin; Guerra; Guillen; Gutierrez; Hernandez; Herrero;
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2587
Hinojosa; Howard; Israel; Johnson, J.D.; Johnson, J.E.; King, K.; King, T.;
Lambert; Larson; Lopez; Lozano; Lucio; Martinez Fischer; Meza; Minjarez;
Moody; Morales; Morrison; Muñoz; Neave; Nevárez; Ortega; Perez; Ramos;
Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman;
Stephenson; Stucky; Talarico; Thierry; Thompson, S.; Turner, C.; Turner, J.;
VanDeaver; Vo; Walle; White; Wu; Zerwas; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann;
Bohac; Bonnen; Buckley; Burns; Burrows; Button; Cain; Clardy; Craddick;
Cyrier; Darby; Dean; Flynn; Frank; Frullo; Harless; Harris; Hefner; Holland;
Huberty; Hunter; King, P.; Klick; Krause; Kuempel; Landgraf; Lang; Leman;
Metcalf; Meyer; Middleton; Miller; Murphy; Murr; Noble; Oliverson; Parker;
Patterson; Paul; Phelan; Price; Sanford; Schaefer; Shaheen; Sheffield; Shine;
Smith; Springer; Stickland; Swanson; Thompson, E.; Tinderholt; Toth; Wilson;
Wray; Zedler.
Present, not voting — Mr. Speaker; Goldman(C); Leach.
Absent, Excused — Johnson, E.
Absent, Excused, Committee Meeting — Davis, S.; Longoria.
Absent — Kacal; Martinez; Pacheco; Paddie; Smithee.
STATEMENTS OF VOTE
When Record No. 853 was taken, I was shown voting no. I intended to vote
yes.
Allison
When Record No. 853 was taken, I was shown voting no. I intended to vote
yes.
Ashby
When Record No. 853 was taken, I was shown voting no. I intended to vote
yes.
Huberty
When Record No. 853 was taken, I was shown voting no. I intended to vote
yes.
Meyer
When Record No. 853 was taken, I was in the house but away from my
desk. I would have voted no.
Paddie
When Record No. 853 was taken, I was shown voting no. I intended to vote
yes.
Sheffield
2588 86th LEGISLATURE — REGULAR SESSION
When Record No. 853 was taken, I was shown voting no. I intended to vote
yes.
Toth
CSHB 2050 ON SECOND READING
(by Paddie and Price)
CSHB 2050, A bill to be entitled An Act relating to consent requirements
for the prescription of certain psychoactive medications to residents of nursing
facilities and related institutions.
Amendment No. 1
Representative Paddie offered the following amendment to CSHBi2050:
Amend CSHBi2050 (house committee printing) as follows:
(1)iiOn page 1, line 7, strike "Subsection (c-1)" and substitute "Subsections
(c-1) and (c-2)".
(2)iiOn page 1, strike lines 15 and 16 and substitute the following:
(2)iithe person prescribing the medication, [or] that person ’s designee,
or the facility ’s medical director provided the following information, in a standard
(3)iiOn page 2, line 18, strike "department" and substitute "commission".
(4)iiOn page 2, between lines 19 and 20, insert the following:
(c-2)iiWritten consent provided by a resident or the resident ’s legally
authorized representative on the form described by Subsection (c-1) is presumed
to satisfy the consent requirements of Subsection (c) and the disclosure
requirements established by the Texas Medical Disclosure Panel in Sections
74.103iand 74.105, Civil Practice and Remedies Code.
SECTIONi2.iiAs soon as practicable after the effective date of this Act, the
executive commissioner of the Health and Human Services Commission shall
develop the form required by Section 242.505(c-1), Health and Safety Code, as
added by this Act. In developing the form, the commission shall consult with the
Texas Medical Disclosure Panel.
(5)iiOn page 2, line 20, strike "SECTION 2" and substitute "SECTION 3".
Amendment No. 1 was adopted.
CSHB 2050 - STATEMENT OF LEGISLATIVE INTENT
REPRESENTATIVE ISRAEL: Thank you for your bill, Mr. Paddie. I think it ’s a
great bill. I just wanted to clarify, your intent is to make sure these antipsychotic
drugs are the drug of last resort, is that correct?
REPRESENTATIVE PADDIE: That is correct.
CSHB 2050, as amended, was passed to engrossment.
HB 2303 ON SECOND READING
(by Moody, P. King, S. Thompson, Guillen, Kuempel, et al.)
HB 2303, A bill to be entitled An Act relating to the definition of a bet for
purposes of gambling criminal offenses.
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2589
Amendment No. 1
Representative Nevárez offered the following amendment to HBi2303:
Amend HBi2303 (house committee printing) by adding the following
appropriately numbered SECTION to the bill and renumbering subsequent
SECTIONS of the bill accordingly:
SECTIONi____.iiSubtitle B, Title 13, Occupations Code, is amended by
adding Chapter 2053ito read as follows:
CHAPTER 2053. INDIAN TRIBE OFFERING FANTASY OR SIMULATED
GAMES OR CONTESTS
Sec.i2053.001.iiDEFINITION. In this chapter, "fantasy or simulated game
or contest" has the meaning assigned by Section 47.01, Penal Code.
Sec.i2053.002.iiINDIAN TRIBE OFFERING FANTASY OR SIMULATED
GAMES OR CONTESTS. (a) Any federally recognized Indian tribe in this state
subject to the federal Indian Gaming Regulatory Act (Pub. L. No.i100-497) may
offer fantasy or simulated games or contests on its Indian lands on execution of a
model agreement by the tribe and with approval of the United States Secretary of
the Interior pursuant to federal law.
(b)iiA model agreement described by Subsection (a) may only include the
following:
(1)iiauthorization for the Indian tribe to offer fantasy or simulated games
or contests on its Indian lands;
(2)iia requirement that the fantasy or simulated games or contests be
offered in compliance with rules adopted by the tribe that must include, at a
minimum, consumer protection provisions;
(3)iia requirement that the fantasy or simulated games or contests be
regulated pursuant to a tribal gaming ordinance in accordance with federal law;
and
(4)iia requirement that the fantasy or simulated games or contests
comply with all applicable federal law and regulations.
Amendment No. 1 - Point of Order
Representative Moody raised a point of order against further consideration
of Amendment No. 1 under Rule 11, Section 2, of the House Rules. The point of
order was sustained and the speaker submitted the following ruling:
RULING BY THE SPEAKER
on Amendment No. 1 to House Bill 2303
Announced in the House on May 1, 2019
(Goldman in the chair)
Representative Moody raises a point of order against further consideration of
the Nevárez Amendment to HBi2303 under Rule 11, Section 2, of the House
Rules on the grounds that the amendment is not germane.
2590 86th LEGISLATURE — REGULAR SESSION
The subject of HBi2303 is exempting certain conduct relating to
participation in a fantasy or simulated game or contest from the application of
existing criminal penalties. The subject of the Nevárez Amendment is the express
authorization of certain federally recognized Indian tribes to offer fantasy or
simulated games or contests if federal approval is obtained.
In the opinion of the Chair, the amendment is not on the same subject as the
bill.
Accordingly, the point of order is well-taken and sustained.
The ruling precluded further consideration of Amendment No. 1.
A record vote was requested by Representative Middleton.
HB 2303 was passed to engrossment by (Record 854): 116 Yeas, 27 Nays, 2
Present, not voting.
Yeas — Allen; Anchia; Bailes; Beckley; Bell, C.; Bell, K.; Bernal;
Biedermann; Blanco; Bohac; Bowers; Buckley; Bucy; Button; Calanni; Canales;
Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Darby; Davis, Y.;
Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren;
Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen;
Gutierrez; Harless; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty;
Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, P.; King, T.; Klick;
Krause; Kuempel; Landgraf; Larson; Leach; Lopez; Lozano; Lucio; Martinez;
Martinez Fischer; Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison;
Muñoz; Neave; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Perez;
Phelan; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose;
Rosenthal; Schaefer; Sherman; Shine; Smith; Stephenson; Stickland; Swanson;
Talarico; Thierry; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.;
VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Allison; Anderson; Ashby; Bonnen; Burns; Burrows; Cain; Cyrier;
Harris; Hefner; King, K.; Lambert; Lang; Leman; Metcalf; Middleton; Murphy;
Murr; Nevárez; Noble; Paul; Price; Shaheen; Sheffield; Springer; Stucky;
Thompson, E.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Johnson, E.
Absent, Excused, Committee Meeting — Davis, S.; Longoria.
Absent — Sanford; Smithee.
STATEMENTS OF VOTE
When Record No. 854 was taken, I was shown voting no. I intended to vote
yes.
Lambert
When Record No. 854 was taken, I was shown voting yes. I intended to vote
no.
Wilson
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2591
CSHB 2726 ON SECOND READING
(by Kuempel)
CSHB 2726, A bill to be entitled An Act relating to the commencement of
construction of a project following the issuance of a draft permit for a permit
amendment to an air quality permit.
Amendment No. 1
Representative Zedler offered the following amendment to CSHBi2726:
Amend CSHBi2726 (house committee printing) as follows:
(1)iiOn page 1, line 10, strike "law and notwithstanding Section 382.0518"
and substitute "law, [and] notwithstanding Section 382.0518, and except as
provided by Subsection (c)".
(2)iiOn page 1, between lines 19 and 20, insert the following:
(c)iiA person may not begin construction under this section if the facility
that is the subject of the permit amendment is a concrete batch plant located
within 880 yards of a property that is used as a residence.
(3)iiOn page 1, line 20, strike "(c)" and substitute "(d)".
(Speaker in the chair)
Representative Kuempel moved to table Amendment No. 1.
The motion to table was lost.
Amendment No. 1 was adopted.
Representative Kuempel moved to postpone consideration of
CSHBi2726iuntil 10ia.m.iMonday, May 6.
The motion prevailed.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
CSHB 4306 ON SECOND READING
(by Biedermann, Nevárez, Cain, Miller, Murr, et al.)
CSHB 4306, A bill to be entitled An Act relating to border security
enhancement projects and the creation of a fund to pay for those projects;
allocating the earnings on the balance of that fund and reimbursement of related
expenditures.
CSHB 4306 was read second time on April 30, postponed until
6ia.m.itoday, and was again postponed until this time.
Amendment No. 1
Representative Biedermann offered the following amendment to
CSHBi4306:
Amend CSHBi4306 (house committee printing) as follows:
(1)iiOn page 1, lines 12 through 13, strike "a special fund in the state
treasury outside" and substitute "an account in".
2592 86th LEGISLATURE — REGULAR SESSION
(2)iiOn page 2, line 9, strike "nonindigenous plants" and substitute "plants
of one or more species identified by the governor".
(3)iiOn page 2, strike lines 10 through 20 and substitute the following:
Sec. 421.105. POWERS OF THE GOVERNOR. The governor may enter
into contracts and agreements as necessary to carry out this subchapter.
(4)iiOn page 2, line 25, strike "nonindigenous".
Amendment No. 1 was adopted.
Amendment No. 2
Representative Gutierrez offered the following amendment to CSHBi4306:
Amend CSHBi4306 (house committee report) by adding the following
appropriately numbered SECTION to the bill and renumbering subsequent
SECTIONS of the bill accordingly:
SECTIONi____.ii(a) In this section:
(1)ii"Board" means the Texas Water Development Board.
(2)ii"Commission" means the Texas Commission on Environmental
Quality.
(3)ii"Water retention infrastructure" means infrastructure located within
one mile of the Rio Grande River related to the retention of water.
(b)iiThe board and the commission jointly shall:
(1)iiconduct a study concerning the effects the construction of water
retention infrastructure would have on storm drainage, water quality, and
environmental contamination matters in this state; and
(2)iidevelop recommendations for actions that may prevent or mitigate
any negative effects on storm drainage, water quality, or environmental
contamination matters resulting from the construction of water retention
infrastructure.
(c)iiThe study must investigate:
(1)iiwhether and to what extent the construction of water retention
infrastructure would cause or contribute to flood management or other storm
drainage problems in this state;
(2)iiwhether and to what extent the construction of water retention
infrastructure would cause or contribute to negative environmental contamination
or other environmental effects in this state;
(3)iiwhether certain designs or methods of construction of water
retention infrastructure would prevent or mitigate any negative effects identified
under Subdivision (1) or (2) of this subsection;
(4)iiany economic effects expected to result from any negative effects
identified under Subdivision (1) or (2) of this subsection; and
(5)iiwhat actions by the state would best prevent or mitigate any
negative effects identified under Subdivision (1) or (2) of this subsection.
(d)iiNot later than March 1, 2020, the board and the commission shall
submit to the governor, the lieutenant governor, and each standing committee of
the legislature having primary jurisdiction over water development and
environmental matters:
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2593
(1)iia report of the findings of the study conducted under this section;
and
(2)iirecommendations for actions that may prevent or mitigate any
negative storm drainage, water quality, or environmental contamination effects
resulting from the construction of water retention infrastructure.
(e)iiThis section expires January 1, 2021.
Amendment No. 2 was adopted.
Amendment No. 3
Representative Nevárez offered the following amendment to CSHBi4306:
Amend CSHBi4306 (house committee printing) as follows:
(1)iiOn page 1, line 8, between "SECURITY" and "ENHANCEMENT",
insert "INFRASTRUCTURE".
(2)iiOn page 1, line 10, between "security" and "enhancement", insert
"infrastructure".
(3)iiOn page 1, line 11, between "SECURITY" and "ENHANCEMENT",
insert "INFRASTRUCTURE".
(4)iiOn page 1, line 12, between "security" and "enhancement", insert
"infrastructure".
(5)iiOn page 1, line 20, between "security" and "enhancement", insert
"infrastructure".
(6)iiStrike page 1, line 22 through page 3, line 2, and substitute the
following:
Sec.i421.104.iiUSE OF FUND. The governor may use money in the fund
only for activities described by this section undertaken for the purposes of
preventing human trafficking and entry into the United States of contraband,
including but not limited to narcotics and other controlled substances. The
governor ’s use of the money in the fund is including and limited to the activities
described in the pilot program developed and implemented under Section 2 of the
Act enacting this subchapter.
(7)iiOn page 3, strike lines 10 through 19.
(8)iiOn page 4, between lines 3 and 4, insert the following:
(1)iia county located on an international border with a population of
more than 14,000 but not more than 15,000;
(9)iiOn page 4, line 4, strike "(1)" and substitute "(2)".
(10)iiOn page 4, line 6, strike "(2)" and substitute "(3)".
(11)iiOn page 4, between line 13 and 14, insert the following:
(1)iiplan, design, construct, or maintain along this state ’s international
border:
(A)iiwater infrastructure, limited to a bulkhead in a county located
on an international border with a population of more than 240,000 but not more
than 252,000;
(B)iitransportation infrastructure, limited to Farm-to-Market Road
1021, Farm-to-Market Road 1472, and the road popularly referred to as El Indio
Highway and Old Mines Road;
(C)iidetection technology to combat human smuggling and
contraband, including but not limited to narcotics and other controlled
substances; and
2594 86th LEGISLATURE — REGULAR SESSION
(D)iicommercial vehicle inspection infrastructure at ports of entry
and designated state highway inspection stations; and
(2)iiclear nonindigenous plants; and
(12)iiOn page 4, line 14, strike "(1)" and substitute "(3)".
(13)iiOn page 4, line 19, strike "(2)" and substitute "(4)".
(14)iiOn page 4, lines 20-21, strike "on main roads that run parallel to this
state ’s international border".
(15)iiOn page 4, line 23, strike "(3)" and substitute "(5)".
(16)iiAdd the following appropriately numbered SECTION to the bill and
renumber SECTIONS of the bill accordingly:
SECTIONi____.ii(a) The Sunset Advisory Commission shall review the
actions of the governor under this Act as if the authority provided by this Act
were provided to a state agency subject to review under Chapter 325,
Government Code (Texas Sunset Act).
(b)iiThe review must assess the effectiveness of the governor ’s actions in
fulfilling the purposes of this Act.
(c)iiNot later than September 1, 2025, the Sunset Advisory Commission
shall compete the review and deliver a report of its findings and
recommendations to the legislature.
Amendment No. 3 was adopted.
CSHB 4306 - POINT OF ORDER
Representative Y. Davis raised a point of order against further consideration
of CSHB 4306 under Rule 4, Section 32(c)(2), of the House Rules on the
grounds that the bill analysis is vague and misleading.
The point of order was withdrawn.
CSHB 4306, as amended, was passed to engrossment.
GENERAL STATE CALENDAR
(consideration continued)
HB 2734 ON SECOND READING
(by Burrows)
HB 2734, A bill to be entitled An Act relating to an anatomical gift on
behalf of a resident in a state supported living center.
Amendment No. 1
Representative Burrows offered the following amendment to HBi2734:
Amend HBi2734 (house committee report) on page 1 as follows:
(1)iiOn line 9, strike "to authorize the center to make an anatomical gift".
(2)iiOn line 12, strike "and predeceases the resident".
(3)iiOn line 13, strike "successor".
Amendment No. 1 was adopted.
HB 2734, as amended, was passed to engrossment.
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2595
CSHB 2983 ON SECOND READING
(by Huberty)
CSHB 2983, A bill to be entitled An Act relating to the administration to
public school students in certain grades of state-administered assessment
instruments.
CSHBi2983 was passed to engrossment.
HB 741 ON SECOND READING
(by Y. Davis and Ramos)
HB 741, A bill to be entitled An Act relating to the notice of rights provided
to an injured employee under the Texas workers ’compensation system.
Amendment No. 1
Representatives Bailes and Kacal offered the following amendment to
HBi741:
Amend HBi741 (house committee printing) by adding the following
appropriately numbered SECTIONS to the bill and renumbering subsequent
SECTIONS of the bill accordingly:
SECTIONi____.iiSection 408.183(b-1), Labor Code, is amended to read as
follows:
(b-1)iiNotwithstanding Subsection (b), an eligible spouse who remarried is
eligible for death benefits for life if the employee was a first responder, as defined
by Section 504.055, or an individual described by Section 615.003(1),
Government Code, or Section 501.001(5)(F) of this code, who suffered death in
the course and scope of employment or while providing services as a volunteer.
This subsection applies regardless of the date on which the death of the first
responder or other individual occurred.
SECTIONi____.iiThe change in law made by this Act to Section
408.183(b-1), Labor Code, applies only to an eligible spouse who remarries on or
after the effective date of this Act. An eligible spouse who remarried before that
date is governed by the law as it existed immediately before the effective date of
this Act, and the former law is continued in effect for that purpose.
Amendment No. 1 was adopted.
HB 741, as amended, was passed to engrossment. (Hunter recorded voting
no.)
HB 3542 ON SECOND READING
(by Phelan)
HB 3542, A bill to be entitled An Act relating to the valuation of a retail
public utility or its facilities as part of a voluntary acquisition.
2596 86th LEGISLATURE — REGULAR SESSION
Amendment No. 1
Representative Metcalf offered the following amendment to HBi3542:
Amend HBi3542 (house committee printing) on page 1, line 9, between
"Class A" and "utility" by inserting "or Class B".
Amendment No. 1 was adopted.
Amendment No. 2
Representative Springer offered the following amendment to HBi3542:
Amend HBi3542 by adding the following appropriately numbered
SECTIONS to the bill and renumbering subsequent SECTIONS of the bill
accordingly:
SECTIONi____.iiSubchapter E, Chapter 13, Water Code, is amended by
adding Section 13.150ito read as follows:
Sec.i13.150.iiREPORTS REQUIRED FOR WATER AND SEWER
UTILITIES. (a) This section applies only to a utility that provides retail water or
sewer utility service through fewer than 10,000itaps or connections.
(b)iiExcept as provided by Subsection (c), a utility shall deliver to the utility
commission a report of the utility ’s financial, managerial, and technical capacity
to provide continuous and adequate service to its customers not later than the
third anniversary of the date that the utility violates a final order of the
commission by failing to:
(1)iiprovide system capacity that is greater than the required raw water
or groundwater production rate or the anticipated daily demand of the system;
(2)iiprovide a minimum pressure of 35ipounds per square inch
throughout the distribution system under normal operating conditions; or
(3)iimaintain accurate or properly calibrated testing equipment or other
means of monitoring the effectiveness of a chemical treatment or pathogen
inactivation or removal process.
(c)iiA utility that has an existing obligation to deliver a report under
Subsection (b) is not required to deliver another report as a result of the
occurrence of an event described by Subsection (b) if the event occurs before the
date that the utility delivers the report required by Subsection (b).
(d)iiOn receiving notice that a utility has violated an order described by
Subsection (b), the commission shall provide written notice of the violation to the
utility commission.
(e)iiThe utility commission shall deliver a copy of a report received under
Subsection (b) to:
(1)iieach state senator representing a district that contains a portion of
the service area of the utility that submitted the report; and
(2)iieach state representative representing a district that contains a
portion of the service area of the utility that submitted the report.
(f)iiIf a utility fails to deliver a report in accordance with Subsection (b), the
utility commission shall report the failure to:
(1)iithe commission;
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2597
(2)iieach state senator representing a district that contains a portion of
the utility s’ service area; and
(3)iieach state representative representing a district that contains a
portion of the utility ’s service area.
SECTIONi____.iiSection 13.4132(a), Water Code, is amended to read as
follows:
(a)iiThe utility commission or the commission, after providing to the utility
notice and an opportunity to be heard by the commissioners at a utility
commission or commission meeting, may authorize a willing person to
temporarily manage and operate a utility if the utility:
(1)iihas discontinued or abandoned operations or the provision of
services; [or]
(2)iihas been or is being referred to the attorney general for the
appointment of a receiver under Section 13.412; or
(3)iiprovides retail water or sewer utility service through fewer than
10,000itaps or connections and violates a final order of the commission by failing
to:
(A)iiprovide system capacity that is greater than the required raw
water or groundwater production rate or the anticipated daily demand of the
system;
(B)iiprovide a minimum pressure of 35ipounds per square inch
throughout the distribution system under normal operating conditions; or
(C)iimaintain accurate or properly calibrated testing equipment or
other means of monitoring the effectiveness of a chemical treatment or pathogen
inactivation or removal process.
SECTIONi____.ii(a) Except as provided by Subsection (b) of this section, a
utility that provides retail water or sewer utility service through fewer than
10,000itaps or connections and that, not more than three years before the
effective date of this Act, violated an order described by Section 13.150(b), Water
Code, as added by this Act, shall submit a report described by Section 13.150(b),
Water Code, as added by this Act, not later than the fifth anniversary of the event.
(b)iiA utility that provides retail water or sewer utility service through fewer
than 10,000itaps or connections and that has an existing obligation to deliver a
report under Subsection (a) of this section is not required to deliver another report
as a result of the occurrence of an event described by Section 13.150(b), Water
Code, as added by this Act, if the event occurs before the date that the utility
delivers the report required by Subsection (a) of this section.
Amendment No. 2 was adopted.
HB 3542, as amended, was passed to engrossment.
CSHB 2048 ON SECOND READING
(by Zerwas, Darby, Krause, S. Davis, Howard, et al.)
CSHB 2048, A bill to be entitled An Act relating to the repeal of the driver
responsibility program and the amount and allocation of state traffic fine funds;
eliminating program surcharges; authorizing and increasing criminal fines;
increasing a fee.
2598 86th LEGISLATURE — REGULAR SESSION
Amendment No. 1
Representative Zerwas offered the following amendment to CSHBi2048:
Amend CSHBi2048 (house committee report) on page 5, line 8, between
"Transportation Code," and "and" by inserting "under Section 10, Article
4413(37), Revised Statutes,".
Amendment No. 1 was adopted.
Amendment No. 2
Representative Krause offered the following amendment to CSHBi2048:
Amend CSHBi2048 (house committee report) as follows:
(1)iiOn page 5, line 26, between "fund" and the underlined semicolon, insert
",ito be used only for criminal justice purposes".
(2)iiOn page 6, line 2, between "Health and Safety Code" and the period,
insert ",ito be used only for the criminal justice purpose of providing trauma care
and emergency medical services to victims of traffic offenses".
Amendment No. 2 was adopted.
Amendment No. 3
Representative Howard offered the following amendment to CSHBi2048:
Amend CSHBi2048 (house committee printing) as follows:
(1)iiOn page 10, line 12, strike "In addition to" and substitute "Except as
provided by Subsection (c), in addition to".
(2)iiOn page 10, between lines 24 and 25, insert the following:
(c)iiThe judge of the convicting court shall waive all or part of the fine
required by Subsection (b) if the judge determines that the person is indigent or
unable to pay all or part of the fine required by that subsection without undue
hardship.
(d)iiFor the purposes of Subsection (c), there is a rebuttable presumption that
the person is indigent and qualifies for a full waiver if the judge determines that
the person ’s net income is 125ipercent of the federal poverty level or less.
(e)iiFor the purposes of Subsection (c), there is a rebuttable presumption that
the person qualifies for a partial waiver if the person ’s net income is greater than
125ipercent of the federal poverty level but less than 300ipercent of the federal
poverty level.
Amendment No. 3 was adopted.
Amendment No. 4
Representative Krause offered the following amendment to CSHBi2048:
Amend CSHBi2048 (house committee report) as follows:
(1)iiOn page 12, line 1, between "fund" and the underlined semicolon, insert
",ito be used only for criminal justice purposes".
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2599
(2)iiOn page 12, line 4, between "Health and Safety Code" and the
underlined period, insert ",ito be used only for the criminal justice purpose of
providing trauma care and emergency medical services to victims of traffic
offenses".
Amendment No. 4 was adopted.
Amendment No. 5
Representative Darby offered the following amendment to CSHBi2048:
Amend CSHBi2048 (house committee report) by adding the following
appropriately numbered SECTION to the bill and renumbering subsequent
SECTIONS of the bill accordingly:
SECTIONi____.iiSections 780.004(c), (d), and (e), Health and Safety Code,
are amended to read as follows:
(c)iiIn any fiscal year, the commissioner shall use at least 94 [96] percent of
the money appropriated from the account, after any amount the commissioner is
required by Subsection (b) to reserve is deducted, to fund a portion of the
uncompensated trauma care provided at facilities designated as state trauma
facilities by the department or an undesignated facility in active pursuit of
designation. Funds may be disbursed under this subsection based on a
proportionate share of uncompensated trauma care provided in the state and may
be used to fund innovative projects to enhance the delivery of patient care in the
overall emergency medical services and trauma care system.
(d)iiIn any fiscal year, the commissioner shall use three [not more than two]
percent of the money appropriated from the account, after any amount the
commissioner is required by Subsection (b) to reserve is deducted, to fund, in
connection with an effort to provide coordination with the appropriate trauma
service area, the cost of supplies, operational expenses, education and training,
equipment, vehicles, and communications systems for local emergency medical
services. The money shall be distributed on behalf of eligible recipients in each
county to the trauma service area regional advisory council for that county. To
receive a distribution under this subsection, the regional advisory council must be
incorporated as an entity that is exempt from federal income tax under Section
501(a), Internal Revenue Code of 1986, and its subsequent amendments, by
being listed as an exempt organization under Section 501(c)(3) of that code. The
share of the money allocated to the eligible recipients in a county ’s geographic
area shall be based on the relative geographic size and population of the county
and on the relative number of emergency or trauma care runs performed by
eligible recipients in the county. Money that is not disbursed by a regional
advisory council to eligible recipients for approved functions by the end of the
fiscal year in which the funds were disbursed may be retained by the regional
advisory council for use in the following fiscal year in accordance with this
subsection. Money that is not disbursed by the regional advisory council in that
following fiscal year shall be returned to the department to be used in accordance
with Subsection (c).
2600 86th LEGISLATURE — REGULAR SESSION
(e)iiIn any fiscal year, the commissioner shall [may] use two [not more than
one] percent of the money appropriated from the account, after any amount the
commissioner is required by Subsection (b) to reserve is deducted, for operation
of the 22itrauma service areas and for equipment, communications, and education
and training for the areas. Money distributed under this subsection shall be
distributed on behalf of eligible recipients in each county to the trauma service
area regional advisory council for that county. To receive a distribution under this
subsection, the regional advisory council must be incorporated as an entity that is
exempt from federal income tax under Section 501(a), Internal Revenue Code of
1986, and its subsequent amendments, by being listed as an exempt organization
under Section 501(c)(3) of that code. A regional advisory council ’s share of
money distributed under this section shall be based on the relative geographic
size and population of each trauma service area and on the relative amount of
trauma care provided. Money that is not disbursed by a regional advisory council
to eligible recipients for approved functions by the end of the fiscal year in which
the funds were disbursed may be retained by the regional advisory council for use
in the following fiscal year in accordance with this subsection. Money that is not
disbursed by the regional advisory council in that following fiscal year shall be
returned to the department to be used in accordance with Subsection (c).
Amendment No. 5 was adopted.
A record vote was requested by Representative Stickland.
CSHB 2048, as amended, was passed to engrossment by (Record 855): 144
Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.;
Bell, K.; Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy;
Burns; Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole;
Coleman; Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel;
Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren;
Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra;
Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa;
Holland; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal;
King, K.; King, P.; King, T.; Krause; Kuempel; Lambert; Landgraf; Lang;
Larson; Leach; Leman; Lopez; Lozano; Lucio; Martinez; Martinez Fischer;
Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Moody; Morales; Morrison;
Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco;
Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond;
Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Shaheen; Sheffield;
Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Stucky;
Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.; Tinderholt; Toth;
Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler;
Zerwas; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Johnson, E.
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2601
Absent, Excused, Committee Meeting — Davis, S.; Longoria.
Absent — Klick; Schaefer.
STATEMENT OF VOTE
When Record No. 855 was taken, I was in the house but away from my
desk. I would have voted yes.
Schaefer
HB 1191 ON SECOND READING
(by J.D. Johnson, Wu, Ramos, and Morales)
HB 1191, A bill to be entitled An Act relating to an annual report
concerning the number of inmates who have been in the conservatorship of a
state agency responsible for providing child protective services.
HBi1191 was passed to engrossment.
LEAVE OF ABSENCE GRANTED
Pursuant to a previous motion, the following member was granted leave of
absence temporarily for today to attend a meeting of the Conference Committee
on HBi1:
G. Bonnen on motion of Wu.
GENERAL STATE CALENDAR
(consideration continued)
CSHB 3582 ON SECOND READING
(by Murr, Moody, White, Wray, and Wu)
CSHB 3582, A bill to be entitled An Act relating to the punishment for
certain intoxication offenses and the eligibility for deferred adjudication
community supervision of defendants who committed certain intoxication
offenses; enhancing a criminal penalty.
Amendment No. 1
Representative Smith offered the following amendment to CSHBi3582:
Amend CSHBi3582 (house committee report) by adding the following
appropriately numbered SECTIONS to the bill and renumbering subsequent
SECTIONS of the bill accordingly:
SECTIONi____.iiArticle 17.441(a), Code of Criminal Procedure, is
amended to read as follows:
(a)iiExcept as provided by Subsection (b), a magistrate shall require on
release that a defendant charged with a subsequent offense under Section 49.04,
49.05, or 49.06 [Sections 49.04-49.06], Penal Code, or an offense under Section
49.045, 49.07, or 49.08 of that code:
(1)iihave installed on the motor vehicle owned by the defendant or on
the vehicle most regularly driven by the defendant, a device that uses a deep-lung
breath analysis mechanism to make impractical the operation of a motor vehicle if
ethyl alcohol is detected in the breath of the operator; and
2602 86th LEGISLATURE — REGULAR SESSION
(2)iinot operate any motor vehicle unless the vehicle is equipped with
that device.
SECTIONi____.iiThe change in law made by this Act to Article 17.441,
Code of Criminal Procedure, applies to a defendant released on bond on or after
the effective date of this Act, regardless of whether the offense for which the
person was arrested occurred before, on, or after that date.
Amendment No. 1 was adopted.
CSHB 3582, as amended, was passed to engrossment.
CSHB 1895 ON SECOND READING
(by Nevárez and Fierro)
CSHB 1895, A bill to be entitled An Act relating to the investigation of
municipal fire fighters.
Representative Nevárez moved to postpone consideration of
CSHBi1895iuntil 3:30ip.m. today.
The motion prevailed.
CSHB 1868 ON SECOND READING
(by Lozano, Anderson, Zwiener, and Stephenson)
CSHB 1868, A bill to be entitled An Act relating to the creation of the Texas
Rural Water Advisory Council.
Amendment No. 1
Representative Lozano offered the following amendment to CSHBi1868:
Amend CSHBi1868 (house committee report) as follows:
(1)iiOn page 2, line 15, strike "landowners" and substitute "users of
groundwater".
(2)iiOn page 3, line 5, strike "board" and substitute "council".
Amendment No. 1 was adopted.
CSHB 1868, as amended, was passed to engrossment.
CSHB 2747 ON SECOND READING
(by Ortega, Landgraf, S. Thompson, Harless, and Ramos)
CSHB 2747, A bill to be entitled An Act relating to the licensing and
regulation of massage therapy.
CSHBi2747 was passed to engrossment.
CSHB 2025 ON SECOND READING
(by E. Thompson)
CSHB 2025, A bill to be entitled An Act relating to legislative oversight of
the issuance of driver ’s licenses and certain other forms of identification in this
state.
CSHBi2025 was passed to engrossment.
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2603
CSHB 2945 ON SECOND READING
(by Perez, S. Thompson, Longoria, Price, Goldman, et al.)
CSHB 2945, A bill to be entitled An Act relating to payment card skimmers
on motor fuel dispensers and to creating a payment fraud fusion center; imposing
civil penalties; creating criminal offenses.
CSHBi2945 was passed to engrossment.
HB 1548 ON SECOND READING
(by Springer and Middleton)
HB 1548, A bill to be entitled An Act relating to the operation of golf carts,
neighborhood electric vehicles, and off-highway vehicles; authorizing fees.
Amendment No. 1
Representative Springer offered the following amendment to HBi1548:
Amend HBi1548 (house committee printing) on page 37 as follows:
(1)iiOn line 6, strike the last "and".
(2)iiStrike line 7 and substitute the following:
(4)iithe heading to Section 663.037, Transportation Code; and
(5)iithe heading to Chapter 663, Transportation Code.
Amendment No. 1 was adopted.
HB 1548, as amended, was passed to engrossment.
HB 3231 ON SECOND READING
(by Clardy, Krause, Hefner, Ashby, et al.)
HB 3231, A bill to be entitled An Act relating to the regulation of firearms,
air guns, knives, ammunition, or firearm or air gun supplies or accessories by a
county or municipality.
Amendment No. 1
Representative Moody offered the following amendment to HBi3231:
Amend HBi3231 (house committee printing) as follows:
(1)iiOn page 1, line 8, strike "and (h)" and substitute "(h) and (i)".
(2)iiOn page 5, between lines 16 and 17, insert the following:
(i)iiThis section does not limit the enforceability of any state or federal law.
A record vote was requested by Representative Stickland.
Amendment No. 1 was adopted by (Record 856): 113 Yeas, 16 Nays, 1
Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bernal;
Blanco; Bohac; Bowers; Buckley; Bucy; Burns; Burrows; Calanni; Canales;
Capriglione; Clardy; Cole; Collier; Cortez; Craddick; Darby; Davis, Y.; Dean;
Deshotel; Dominguez; Farrar; Flynn; Frank; Frullo; Gervin-Hawkins; Goldman;
González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless;
Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty;
Hunter; Israel; Johnson, J.E.; Kacal; King, K.; King, P.; Kuempel; Lambert;
2604 86th LEGISLATURE — REGULAR SESSION
Landgraf; Larson; Leman; Lopez; Lozano; Lucio; Martinez; Martinez Fischer;
Metcalf; Meyer; Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy;
Murr; Neave; Nevárez; Noble; Ortega; Pacheco; Paddie; Parker; Perez; Phelan;
Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal;
Sanford; Sheffield; Sherman; Shine; Smith; Stephenson; Stucky; Talarico;
Thierry; Thompson, E.; Thompson, S.; Toth; Turner, C.; Turner, J.; VanDeaver;
Vo; Walle; Wilson; Wu; Zerwas; Zwiener.
Nays — Cain; Cyrier; Dutton; Klick; Krause; Lang; Middleton; Patterson;
Paul; Price; Schaefer; Shaheen; Stickland; Swanson; Tinderholt; White.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Johnson, E.
Absent, Excused, Committee Meeting — Bonnen; Davis, S.; Longoria.
Absent — Bell, C.; Bell, K.; Biedermann; Button; Coleman; Fierro; Geren;
Johnson, J.D.; King, T.; Leach; Meza; Oliverson; Smithee; Springer; Wray;
Zedler.
STATEMENTS OF VOTE
When Record No. 856 was taken, I was in the house but away from my
desk. I would have voted yes.
K. Bell
When Record No. 856 was taken, I was shown voting yes. I intended to vote
no.
Harris
When Record No. 856 was taken, I was shown voting yes. I intended to vote
no.
Hefner
When Record No. 856 was taken, I was shown voting yes. I intended to vote
no.
Metcalf
When Record No. 856 was taken, I was shown voting yes. I intended to vote
no.
Wilson
When Record No. 856 was taken, I was in the house but away from my
desk. I would have voted no.
Wray
Amendment No. 2
Representative Cain offered the following amendment to HBi3231:
Amend HBi3231 (house committee printing) as follows:
(1)iiOn page 1, line 12, between "possession," and "carrying", insert
"wearing,".
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2605
(2)iiOn page 6, line 1, between "possession," and "carrying", insert
"wearing,".
Amendment No. 2 was adopted.
Amendment No. 3
Representative Toth offered the following amendment to HBi3231:
Amend HBi3231 (house committee printing) as follows:
(1)iiOn page 5, line 24, strike "and (a-4)" and substitute "(a-4), and (a-5)".
(2)iiOn page 5, line 25, between "law" and the comma, insert "and except as
provided by Subsection (a-5)".
(3)iiOn page 7, between lines 10 and 11, insert the following:
(a-5)iiNotwithstanding any other law, a county may adopt a regulation that
authorizes a person to carry a concealed or holstered handgun regardless of
whether the person holds a license under Subchapter H, Chapter 411,
Government Code, within the county if the person is not prohibited from
possessing a firearm under Section 46.04, Penal Code, 18 U.S.C. Section 922, or
other law. A county may not adopt a regulation under this subsection that is more
restrictive than state law. Section 46.02, Penal Code, does not apply to a person
who carries a handgun in accordance with a county regulation adopted under this
subsection.
Amendment No. 3 - Point of Order
Representative Israel raised a point of order against further consideration of
Amendment No. 3 under Rule 11, Section 2, of the House Rules on the grounds
that the amendment is not germane to the bill.
(Goldman in the chair)
The point of order was withdrawn.
Amendment No. 3 was withdrawn.
(Speaker in the chair)
HB 3231, as amended, was passed to engrossment.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
CSHB 4181 ON SECOND READING
(by Geren)
CSHB 4181, A bill to be entitled An Act relating to the organization and
efficient operation of the legislative branch of state government.
CSHB 4181 was read second time earlier today and was postponed until this
time.
Representative Clardy moved to postpone consideratio n of
CSHBi4181iuntil 4ip.m. today.
The motion prevailed.
2606 86th LEGISLATURE — REGULAR SESSION
GENERAL STATE CALENDAR
(consideration continued)
HB 1883 ON SECOND READING
(by G. Bonnen, Guillen, et al.)
HB 1883, A bill to be entitled An Act relating to deferred payment of ad
valorem taxes for certain persons serving in the United States armed forces.
HBi1883 was passed to engrossment.
CSHB 3012 ON SECOND READING
(by Talarico, Bernal, Ramos, and Meyer)
CSHB 3012, A bill to be entitled An Act relating to requiring the provision
of course work to public school students subject to in-school or out-of-school
suspension.
Amendment No. 1
Representative Stickland offered the following amendment to CSHBi3012:
Amend CSHBi3012 (house committee report) by adding the following
appropriately numbered SECTION to the bill and renumbering subsequent
SECTIONS of the bill accordingly:
SECTIONi____.iiSection 37.011(b), Education Code, is amended to read as
follows:
(b)iiIf a student admitted into the public schools of a school district under
Section 25.001(b) is expelled from school for conduct for which expulsion is
required under Section 37.007(a), (d), or (e), or for conduct that contains the
elements of the offense of terroristic threat under Section 22.07, Penal Code, the
juvenile court, the juvenile board, or the juvenile board ’s designee, as
appropriate, shall:
(1)iiif the student is placed on probation under Section 54.04, Family
Code, order the student to attend the juvenile justice alternative education
program in the county in which the student resides from the date of disposition as
a condition of probation, unless the child is placed in a post-adjudication
treatment facility;
(2)iiif the student is placed on deferred prosecution under Section 53.03,
Family Code, by the court, prosecutor, or probation department, require the
student to immediately attend the juvenile justice alternative education program
in the county in which the student resides for a period not to exceed six months as
a condition of the deferred prosecution;
(3)iiin determining the conditions of the deferred prosecution or
court-ordered probation, consider the length of the school district ’s expulsion
order for the student; and
(4)iiprovide timely educational services to the student in the juvenile
justice alternative education program in the county in which the student resides,
regardless of the student s’ age or whether the juvenile court has jurisdiction over
the student.
Amendment No. 1 was adopted.
CSHB 3012, as amended, was passed to engrossment.
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2607
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of
today because of important business:
Gervin-Hawkins on motion of Minjarez.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
CSHB 1895 ON SECOND READING
(by Nevárez and Fierro)
CSHB 1895, A bill to be entitled An Act relating to the investigation of
municipal fire fighters.
CSHB 1895 was read second time earlier today and was postponed until this
time.
Representative Nevárez moved to postpone consideration of
CSHBi1895iuntil 10ia.m. Tuesday, September 1, 2020.
The motion prevailed.
(Speaker pro tempore in the chair)
GENERAL STATE CALENDAR
(consideration continued)
HB 888 ON SECOND READING
(by Landgraf, Phelan, Cyrier, Burns, Dean, et al.)
HB 888, A bill to be entitled An Act relating to creating the criminal offense
of misrepresenting a child as a family member at a port of entry.
Amendment No. 1
Representatives Rodriguez and Hernandez offered the following amendment
to HBi888:
Amend HBi888 (house committee printing), on page 1, line 19, by striking
"deceive" and substituting the following:
"engage in trafficking of persons (as defined by Texas Penal Code 20A.02)".
Amendment No. 1 was adopted.
(Longoria now present)
HB 888, as amended, was passed to engrossment.
HB 3124 ON SECOND READING
(by Wilson)
HB 3124, A bill to be entitled An Act relating to tuition and fees charged by
The Texas A&M University System for certain national laboratory or national
laboratory operator employees and dependents.
A record vote was requested by Representative Stickland.
2608 86th LEGISLATURE — REGULAR SESSION
HBi3124 was passed to engrossment by (Record 857): 124 Yeas, 14 Nays, 2
Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bell, C.; Bell, K.;
Bernal; Blanco; Bohac; Bowers; Buckley; Bucy; Burns; Burrows; Button;
Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick;
Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro;
Flynn; Frank; Frullo; Geren; Goldman; González, J.; González, M.; Goodwin;
Guerra; Guillen; Gutierrez; Harless; Harris; Hernandez; Herrero; Hinojosa;
Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.;
King, T.; Klick; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria;
Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Miller;
Minjarez; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez;
Oliverson; Ortega; Paddie; Parker; Paul; Perez; Phelan; Price; Ramos; Raymond;
Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Sheffield;
Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Talarico;
Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo;
Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Biedermann; Cain; Hefner; Holland; King, P.; Krause; Lang;
Noble; Patterson; Shaheen; Stickland; Swanson; Tinderholt; Toth.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Gervin-Hawkins; Johnson, E.
Absent, Excused, Committee Meeting — Bonnen; Davis, S.
Absent — Bailes; Beckley; Meza; Middleton; Pacheco; Raney.
STATEMENTS OF VOTE
When Record No. 857 was taken, I was in the house but away from my
desk. I would have voted yes.
Bailes
When Record No. 857 was taken, I was shown voting no. I intended to vote
yes.
Biedermann
When Record No. 857 was taken, I was shown voting no. I intended to vote
yes.
Cain
When Record No. 857 was taken, I was in the house but away from my
desk. I would have voted no.
Middleton
When Record No. 857 was taken, I was shown voting no. I intended to vote
yes.
Patterson
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2609
When Record No. 857 was taken, my vote failed to register. I would have
voted yes.
Raney
MESSAGE FROM THE SENATE
A message from the senate was received at this time (see the addendum to
the daily journal, Messages from the Senate, Message No. 1).
GENERAL STATE CALENDAR
(consideration continued)
HB 3045 ON SECOND READING
(by Nevárez)
HB 3045, A bill to be entitled An Act relating to the provision of solid waste
disposal services in the extraterritorial jurisdiction of certain municipalities.
HBi3045 was passed to engrossment.
CSHB 2041 ON SECOND READING
(by Oliverson, Phelan, Wray, Zerwas, et al.)
CSHB 2041, A bill to be entitled An Act relating to the regulation of
freestanding emergency medical care facilities.
Amendment No. 1
Representative Oliverson offered the following amendment to CSHBi2041:
Amend CSHBi2041 (house committee report) as follows:
(1)iiOn page 2, lines 15-16, strike "and provide the disclosure statement
required by that section".
(2)iiOn page 7, line 12, strike "any" and substitute "all".
Amendment No. 1 was adopted.
Amendment No. 2
Representative Oliverson offered the following amendment to CSHBi2041:
Amend CSHBi2041 (house committee report) by striking page 6, line 25,
through page 7, line 3, and substituting the following:
(i)iiA facility complies with the requirements of Subsections (a)(1) and
(d)(3) if the facility posts on the facility ’s Internet website in a manner that is
easily accessible and readable:
(1)iithe facility ’s standard charges, including the fees described by those
subsections; and
(2)iiupdates to the standard charges at least annually or more frequently
as appropriate to reflect the facility ’s current charges.
Amendment No. 2 was adopted.
2610 86th LEGISLATURE — REGULAR SESSION
Amendment No. 3
Representatives S. Davis and Oliverson offered the following amendment to
CSHBi2041:
Amend CSHBi2041 (house committee report) as follows:
(1)iiOn page 4, line 18, strike "254.156 and 254.157" and substitute
"254.156, 254.157, and 254.158".
(2)iiOn page 7, between lines 16 and 17, insert the following:
Sec. 254.158.iiREMOVAL OF SIGNS. A facility that closes or for which a
license issued under this chapter expires or is suspended or revoked shall
immediately remove or cause to be removed any signs within view of the general
public indicating that the facility is in operation.
SECTIONi7.iiSections 254.203(a) and (b), Health and Safety Code, are
amended to read as follows:
(a)iiThe department may petition a district court for a temporary restraining
order to restrain a continuing violation of the standards or licensing requirements
provided under this chapter or of Section 254.158 if the department finds that the
violation creates an immediate threat to the health and safety of the patients of a
facility or of the public.
(b)iiA district court, on petition of the department and on a finding by the
court that a person is violating the standards or licensing requirements provided
under this chapter or is violating Section 254.158, may by injunction:
(1)iiprohibit a person from continuing the [a] violation [of the standards
or licensing requirements provided under this chapter];
(2)iirestrain or prevent the establishment or operation of a facility
without a license issued under this chapter; or
(3)iigrant any other injunctive relief warranted by the facts.
(3)iiRenumber the SECTIONS of the bill accordingly.
Amendment No. 3 was adopted.
A record vote was requested by Representative Beckley.
CSHB 2041, as amended, was passed to engrossment by (Record 858): 131
Yeas, 5 Nays, 3 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.;
Bernal; Blanco; Bohac; Bowers; Buckley; Bucy; Burns; Burrows; Button;
Calanni; Canales; Capriglione; Clardy; Cole; Collier; Cortez; Craddick; Cyrier;
Darby; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn;
Frank; Frullo; Geren; Goldman; González, J.; González, M.; Goodwin; Guerra;
Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Hinojosa; Holland;
Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.;
King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson;
Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Metcalf; Meyer;
Meza; Middleton; Miller; Minjarez; Morales; Morrison; Muñoz; Murphy; Murr;
Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Perez; Phelan;
Price; Ramos; Raney; Raymond; Reynolds; Romero; Rosenthal; Sanford;
Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee; Springer;
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2611
Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Thompson, S.;
Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wray; Wu;
Zedler; Zerwas; Zwiener.
Nays — Beckley; Biedermann; Cain; Stickland; White.
Present, not voting — Mr. Speaker; Moody(C); Rose.
Absent, Excused — Gervin-Hawkins; Johnson, E.
Absent, Excused, Committee Meeting — Bonnen; Davis, S.
Absent — Coleman; Herrero; Martinez Fischer; Nevárez; Pacheco;
Rodriguez; Wilson.
STATEMENTS OF VOTE
When Record No. 858 was taken, I was in the house but away from my
desk. I would have voted yes.
Martinez Fischer
When Record No. 858 was taken, I was in the house but away from my
desk. I would have voted yes.
Wilson
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
HB 354 ON SECOND READING
(by Herrero and Wu)
HB 354, A bill to be entitled An Act relating to exemption of certain
firefighters and police officers from jury service.
HB 354 was read second time earlier today and was postponed until this
time.
HBi354 was passed to engrossment.
CSHB 4181 ON SECOND READING
(by Geren)
CSHB 4181, A bill to be entitled An Act relating to the organization and
efficient operation of the legislative branch of state government.
CSHB 4181 was read second time earlier today, postponed until
3ip.m.itoday, and was again postponed until this time.
Representative Geren moved to postpone consideration of CSHBi4181iuntil
9ia.m. tomorrow.
The motion prevailed.
2612 86th LEGISLATURE — REGULAR SESSION
GENERAL STATE CALENDAR
(consideration continued)
HB 3650 ON SECOND READING
(by C. Turner, Ramos, and Howard)
HB 3650, A bill to be entitled An Act relating to an agreement between a
school district and public institution of higher education to provide a dual credit
program to high school students enrolled in the district.
HBi3650 was passed to engrossment.
HB 3118 ON SECOND READING
(by Schaefer, Springer, Paddie, and Frank)
HB 3118, A bill to be entitled An Act relating to the titling of certain
off-highway vehicles purchased outside this state.
A record vote was requested by Representative Stickland.
HBi3118 was passed to engrossment by (Record 859): 138 Yeas, 2 Nays, 3
Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, C.;
Bell, K.; Blanco; Bohac; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain;
Calanni; Canales; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Cyrier;
Darby; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn;
Frank; Frullo; Geren; Goldman; González, J.; González, M.; Goodwin; Guerra;
Guillen; Gutierrez; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa;
Holland; Howard; Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal;
King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Lang;
Larson; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez
Fischer; Metcalf; Meyer; Meza; Middleton; Miller; Minjarez; Morales; Morrison;
Muñoz; Murphy; Murr; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco;
Paddie; Parker; Patterson; Paul; Perez; Phelan; Price; Ramos; Raney; Raymond;
Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen;
Sheffield; Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky;
Swanson; Talarico; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.;
Turner, J.; VanDeaver; Vo; Walle; White; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Stickland; Wilson.
Present, not voting — Mr. Speaker; Capriglione; Moody(C).
Absent, Excused — Gervin-Hawkins; Johnson, E.
Absent, Excused, Committee Meeting — Bonnen; Davis, S.
Absent — Bernal; Biedermann; Thierry.
STATEMENTS OF VOTE
When Record No. 859 was taken, I was shown voting yes. I intended to vote
no.
Toth
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2613
When Record No. 859 was taken, I was shown voting no. I intended to vote
yes.
Wilson
CSHB 3911 ON SECOND READING
(by Vo)
CSHB 3911, A bill to be entitled An Act relating to the examination by the
commissioner of insurance of certain insurers ’network quality and adequacy.
A record vote was requested by Representative Beckley.
CSHBi3911 was passed to engrossment by (Record 860): 110 Yeas, 27
Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell,
K.; Bernal; Biedermann; Blanco; Bohac; Bowers; Buckley; Bucy; Burrows;
Button; Calanni; Canales; Capriglione; Clardy; Cole; Collier; Cortez; Craddick;
Cyrier; Darby; Davis, Y.; Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn;
Frank; Frullo; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez;
Hernandez; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Johnson, J.E.;
Kacal; King, K.; King, P.; King, T.; Kuempel; Lambert; Larson; Leach; Longoria;
Lopez; Lozano; Lucio; Martinez; Meyer; Meza; Miller; Minjarez; Morales;
Morrison; Muñoz; Murphy; Neave; Nevárez; Noble; Oliverson; Ortega; Pacheco;
Paddie; Parker; Paul; Perez; Phelan; Price; Ramos; Raymond; Reynolds;
Rodriguez; Romero; Rose; Rosenthal; Sanford; Shaheen; Sheffield; Sherman;
Shine; Smithee; Stephenson; Stucky; Talarico; Thierry; Thompson, E.;
Thompson, S.; Toth; Turner, C.; Turner, J.; Vo; Wray; Wu; Zerwas; Zwiener.
Nays — Bell, C.; Burns; Cain; Dean; Geren; Goldman; Harless; Harris;
Hefner; Klick; Krause; Landgraf; Lang; Leman; Metcalf; Murr; Patterson; Raney;
Smith; Springer; Stickland; Swanson; Tinderholt; VanDeaver; White; Wilson;
Zedler.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Gervin-Hawkins; Johnson, E.
Absent, Excused, Committee Meeting — Bonnen; Davis, S.
Absent — Coleman; Herrero; Johnson, J.D.; Martinez Fischer; Middleton;
Schaefer; Walle.
STATEMENTS OF VOTE
When Record No. 860 was taken, I was shown voting yes. I intended to vote
no.
Biedermann
When Record No. 860 was taken, I was shown voting no. I intended to vote
yes.
Dean
2614 86th LEGISLATURE — REGULAR SESSION
When Record No. 860 was taken, I was shown voting yes. I intended to vote
no.
P. King
When Record No. 860 was taken, I was in the house but away from my
desk. I would have voted yes.
Martinez Fischer
When Record No. 860 was taken, I was in the house but away from my
desk. I would have voted no.
Middleton
When Record No. 860 was taken, I was in the house but away from my
desk. I would have voted no.
Schaefer
CSHB 2402 ON SECOND READING
(by Geren, Goldman, and Krause)
CSHB 2402, A bill to be entitled An Act relating to the eligibility of certain
events to receive funding through the Major Events Reimbursement Program.
Amendment No. 1
Representative Krause offered the following amendment to CSHBi2402:
Amend CSHBi2402 (house committee printing) as follows:
(1)iiOn page 1, line 16, between "championship game," and "the National",
insert "a Big 12iChampionship Game,".
(2)iiOn page 2, line 5, between "championship," and "the Breeders ’", insert
"a World Wrestling Entertainment event,".
(3)iiOn page 2, line 9, between "(NASCAR)," and "the Academy", insert
"the AAA Texas National Hot Rod Association (NHRA) Fall Nationals,".
(4)iiOn page 2, line 22, between "Association," and "the National", insert
"the Big 12iConference,".
(5)iiOn page 2, line 27, between "(NASCAR)," and "Dorna", insert "the
National Hot Rod Association (NHRA),".
(6)iiOn page 3, line 15, strike "or" and substitute "[or]".
(7)iiOn page 3, line 16, between "(I)" and "[(G)]", insert the following:
World Wrestling Entertainment; or
(J)
Amendment No. 1 failed of adoption.
A record vote was requested by Representative Stickland.
CSHB 2402 was passed to engrossment by (Record 861): 111 Yeas, 31
Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Bailes; Beckley; Bell, C.; Bell,
K.; Bernal; Biedermann; Blanco; Bohac; Bowers; Buckley; Bucy; Burns;
Burrows; Button; Calanni; Canales; Clardy; Cole; Collier; Cortez; Craddick;
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2615
Darby; Davis, Y.; Dean; Deshotel; Dominguez; Dutton; Farrar; Fierro; Frullo;
Geren; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez;
Harless; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel;
Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, T.; Klick; Kuempel;
Lambert; Larson; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer;
Meyer; Meza; Miller; Minjarez; Morales; Morrison; Muñoz; Neave; Nevárez;
Oliverson; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Phelan; Price; Ramos;
Raney; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sheffield;
Sherman; Shine; Smith; Smithee; Springer; Stephenson; Stucky; Talarico;
Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; VanDeaver; Vo;
Walle; Wray; Wu; Zedler; Zwiener.
Nays — Ashby; Cain; Capriglione; Cyrier; Flynn; Frank; Goldman; Harris;
Hefner; Holland; King, P.; Krause; Landgraf; Lang; Leach; Leman; Metcalf;
Middleton; Murphy; Murr; Noble; Patterson; Sanford; Schaefer; Shaheen;
Stickland; Swanson; Tinderholt; Toth; White; Wilson.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Gervin-Hawkins; Johnson, E.
Absent, Excused, Committee Meeting — Bonnen; Davis, S.
Absent — Coleman; Zerwas.
STATEMENTS OF VOTE
When Record No. 861 was taken, I was shown voting yes. I intended to vote
no.
Biedermann
When Record No. 861 was taken, I was shown voting no. I intended to vote
yes.
Cyrier
When Record No. 861 was taken, I was shown voting no. I intended to vote
yes.
Goldman
When Record No. 861 was taken, I was shown voting no. I intended to vote
yes.
Krause
When Record No. 861 was taken, I was shown voting no. I intended to vote
yes.
Patterson
When Record No. 861 was taken, I was shown voting no. I intended to vote
yes.
Sanford
2616 86th LEGISLATURE — REGULAR SESSION
When Record No. 861 was taken, I was shown voting yes. I intended to vote
no.
Zedler
HB 2416 ON SECOND READING
(by Frullo, Longoria, and Blanco)
HB 2416, A bill to be entitled An Act relating to the administration by the
Texas Workforce Commission of a workforce diploma pilot program.
Representative Frullo moved to postpone consideration of HBi2416iuntil
10ia.m.iMonday, May 6.
The motion prevailed.
HB 3300 ON SECOND READING
(by Murr, Wray, Meyer, Smith, Oliverson, et al.)
HB 3300, A bill to be entitled An Act relating to an award of costs and
attorney ’s fees in a motion to dismiss for certain actions that have no basis in law
or fact.
HBi3300 was passed to engrossment.
CSHB 4116 ON SECOND READING
(by Zwiener)
CSHB 4116, A bill to be entitled An Act relating to a voluntary financial
assurance program for permit holders under the Texas Pollutant Discharge
Elimination System.
CSHBi4116 was passed to engrossment.
CSHB 2321 ON SECOND READING
(by Morrison)
CSHB 2321, A bill to be entitled An Act relating to the regulation of oyster
harvesting; increasing a criminal penalty.
CSHBi2321 was passed to engrossment.
(G. Bonnen now present)
CSHB 3167 ON SECOND READING
(by Oliverson, Goldman, and Thierry)
CSHB 3167, A bill to be entitled An Act relating to county and municipal
approval procedure for land development applications.
Amendment No. 1
Representative Oliverson offered the following amendment to CSHBi3167:
Amend CSHBi3167 (house committee printing) as follows:
(1)iiOn page 1, lines 9-11, strike "preliminary plat, preliminary subdivision
plan, subdivision construction plan, site development plan, and final plat" and
substitute "subdivision plan, subdivision construction plan, site plan, land
development application, and site development plan".
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2617
(2)iiOn page 1, line 12, between "a" and "replat", insert "preliminary plat,
general plan, final plat, and".
(3)iiOn page 1, lines 23-24, strike "Sections 212.009(a), (b), (c), and (d),
Local Government Code, are amended" and substitute "Section 212.009, Local
Government Code, is amended by amending Subsections (a), (b), (c), and (d) and
adding Subsections (b-1) and (b-2)".
(4)iiOn page 2, line 2, between "approve" and "or", insert ", approve with
conditions,".
(5)iiOn page 2, strike "[plat]" each time it appears (lines 2, 3, 6, 9, 10, 11,
14, 15, 22, 24, and 25) and substitute "or plat".
(6)iiOn page 2, strike "considered" each time it appears (lines 3, 10, and 12)
and substitute "[considered]".
(7)iiOn page 2, line 8, between "approve" and "or", insert ", approve with
conditions,".
(8)iiOn page 2, between lines 13 and 14, insert the following:
(b-1)iiNotwithstanding Subsection (a) or (b), if a groundwater availability
certification is required under Section 212.0101, the 30-day period described by
those subsections begins on the date the applicant submits the groundwater
availability certification to the municipal authority responsible for approving plats
or the governing body of the municipality, as applicable.
(b-2)iiNotwithstanding Subsection (a) or (b), the parties may extend the
30-day period described by those subsections for a period not to exceed 30idays
if:
(1)iithe applicant requests the extension in writing to the municipal
authority responsible for approving plats or the governing body of the
municipality, as applicable; and
(2)iithe municipal authority or governing body, as applicable, approves
the extension request.
(9)iiOn page 2, line 22, between "approve" and "or", insert ", approve with
conditions,".
(10)iiOn page 2, line 23, between "on" and "request", insert "the
applicant ’s".
(11)iiOn page 3, line 2, immediately after "212.0095,", add "212.0096,".
(12)iiOn page 3, line 4, between the underlined colon and
"DISAPPROVAL", insert "CONDITIONAL APPROVAL OR".
(13)iiOn page 3, line 5, immediately after "that", add "conditionally
approves or".
(14)iiIn SECTION 5 of the bill, immediately after each time "plan" appears,
insert "or plat" as follows:
(A)iipage 3, lines 6, 19, and 21;
(B)iipage 4, lines 2, 5, 8, 13, 15, and 20; and
(C)iipage 5, line 2.
(15)iiOn page 3, line 7, between "the" and "reasons", insert "conditions for
the conditional approval or".
(16)iiOn page 3, line 8, between "specific" and "reason", insert "condition
for the conditional approval or".
2618 86th LEGISLATURE — REGULAR SESSION
(17)iiOn page 3, line 9, between "Each" and "reason", insert "condition or".
(18)iiOn page 3, line 14, immediately after "the", insert "conditional
approval or".
(19)iiOn page 3, lines 16-17, strike "or intended to delay approval".
(20)iiOn page 3, line 18, immediately after "TO", insert "CONDITIONAL
APPROVAL OR".
(21)iiOn page 3, line 19, between "the" and "disapproval", insert
"conditional approval or".
(22)iiOn page 3, line 21, between "that" and "disapproved", insert
"conditionally approved or".
(23)iiOn page 3, line 22, immediately before "remedies", insert "satisfies
each condition for the conditional approval or".
(24)iiOn page 4, line 1, between "previously" and "disapproved", insert
"conditionally approved or".
(25)iiOn page 4, line 4, immediately after "that", insert "conditionally
approves or".
(26)iiOn page 4, line 8, between "specific" and "reason", insert "condition
or".
(27)iiOn page 4, line 9, strike "for the original plan".
(28)iiOn page 4, line 12, immediately after "previously", add "conditionally
approved or".
(29)iiOn page 4, line 13, between "each" and "reason", insert "condition of
the conditional approval or each".
(30)iiOn page 4, line 15, between "previously" and "disapproved", insert
"conditionally approved or".
(31)iiOn page 4, line 15, strike "considered".
(32)iiOn page 4, between lines 22 and 23, insert the following:
Sec.i212.0096.iiAPPROVAL PROCEDURE: ALTERNATIVE APPROVAL
PROCESS. (a) Notwithstanding Sections 212.009, 212.0091, 212.0093, and
212.0095, an applicant may elect at any time to seek approval for a plan or plat
under an alternative approval process adopted by a municipality if the process
allows for a shorter approval period than the approval process described by
Sections 212.009, 212.0091, 212.0093, and 212.0095.
(b)iiAn applicant that elects to seek approval under the alternative approval
process described by Subsection (a) is not:
(1)iirequired to satisfy the requirements of Sections 212.009, 212.0091,
212.0093, and 212.0095ibefore bringing an action challenging a disapproval of a
plan or plat under this subchapter; and
(2)iiprejudiced in any manner in bringing the action described by
Subdivision (1), including satisfying a requirement to exhaust any and all
remedies.
(33)iiOn page 4, line 24, strike "plans" and substitute "plats".
(34)iiStrike page 5, line 7, through page 7, line 27.
(35)iiOn page 8, line 2, strike "Sections 232.0005iand" and substitute
"Section".
(36)iiOn page 8, strike lines 4-7.
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2619
(37)iiOn page 8, line 8, strike "plan" and substitute "plat".
(38)iiAdd the following appropriately numbered SECTION to the bill and
renumber subsequent SECTIONS of the bill accordingly:
SECTIONi____.iiThe heading to Section 232.0025, Local Government
Code, is amended to read as follows:
Sec.i232.0025.iiAPPROVAL PROCEDURE: TIMELY APPROVAL OF
PLATS AND PLANS.
(39)iiOn page 8, line 14, between "is amended" and "to read" insert "by
amending Subsections (d), (f), (g), (h), and (i), and adding Subsection (d-1)".
(40)iiStrike page 8, line 15, through page 9, line 12.
(41)iiOn page 9, line 15, and page 10, line 13, strike "plan [plat]" and
substitute "plat".
(42)iiOn page 9, line 14, between "approve" and "or", insert ", approve with
conditions,".
(43)iiOn page 9, line 19, strike "considered".
(44)iiOn page 9, strike lines 22-24iand substitute the following:
(d-1)iiNotwithstanding Subsection (d), if a groundwater availability
certification is required under Section 232.0032, the 30-day period described by
that subsection begins on the date the applicant submits the groundwater
availability certification to the commissioners court or the court ’s designee, as
applicable.
(45)iiOn page 10, line 6, strike "plan [a plat]" and substitute "[a] plat".
(46)iiOn page 10, line 11, strike "(f)(2)" and substitute "(f)(1) [(f)(2)]".
(47)iiOn page 10, line 16, strike "request or compel" and substitute "require
[compel]".
(48)iiOn page 10, line 16, strike "any other".
(49)iiOn page 10, line 19, between "approve" and "or", insert ", approve
with conditions,".
(50)iiOn page 10, line 19, and page 11, line 3, strike "plan" and substitute
"plat".
(51)iiOn page 11, line 5, immediately after "232.0028,", insert "232.00285,".
(52)iiOn page 11, line 7, between the underlined colon and
"DISAPPROVAL", insert "CONDITIONAL APPROVAL OR".
(53)iiOn page 11, line 8, immediately following "designee that", add
"conditionally approves or".
(54)iiIn SECTION 9 of the bill, strike "plan" each time it appears and
substitute "plat" as follows:
(A)iipage 11, lines 9iand 23;
(B)iipage 12, lines 5, 9, 17, and 19; and
(C)iipage 13, line 1.
(55)iiOn page 11, line 10, strike "specific" and substitute "conditions for the
conditional approval or the".
(56)iiOn page 11, line 11, between "specific" and "reason", insert "condition
for conditional approval or".
(57)iiOn page 11, line 13, between "Each" and "reason", insert "condition
or".
2620 86th LEGISLATURE — REGULAR SESSION
(58)iiOn page 11, line 18, between "the" and "disapproval", insert
"conditional approval or".
(59)iiOn page 11, lines 20-21, strike "or intended to delay approval".
(60)iiOn page 11, line 22, immediately after "TO", insert "CONDITIONAL
APPROVAL OR".
(61)iiOn page 11, line 23, between "the" and "disapproval", insert
"conditional approval or".
(62)iiOn page 11, line 25, between "that" and "disapproved", insert
"conditionally approved or".
(63)iiOn page 11, line 26, between "that" and "remedies", insert "satisfies
each condition for the conditional approval or".
(64)iiOn page 12, line 5, between "previously" and "disapproved", insert
"conditionally approved or".
(65)iiOn page 12, line 8, between "that" and "disapproves", insert
"conditionally approves or".
(66)iiOn page 12, line 12, immediately following "specific", add "condition
or".
(67)iiOn page 12, line 16, immediately after "previously", insert
"conditionally approved or".
(68)iiOn page 12, line 18, between "addresses" and "each", insert "each
condition for the conditional approval or".
(69)iiOn page 12, line 19, between "previously" and "disapproved", insert
"conditionally approved or".
(70)iiOn page 12, line 19, strike "considered".
(71)iiOn page 12, between lines 26 and 27, insert the following:
Sec.i232.00285.iiDEVELOPMENT PLAN REVIEW. (a) In this section,
"development plan" includes a preliminary plat, preliminary subdivision plan,
subdivision construction plan, site plan, general plan, land development
application, or site development plan.
(b)iiUnless explicitly authorized by another law of this state, a county may
not require a person to submit a development plan during the plat approval
process required by this subchapter. If a county is authorized under another law of
this state to require approval of a development plan, the county must comply with
the approval procedures under this subchapter during the approval process.
(72)iiAdd the following appropriately numbered SECTION to the bill and
renumber subsequent SECTIONS of the bill accordingly:
SECTIONi____.iiSection 232.0025(e), Local Government Code, is
repealed.
(73)iiOn page 13, line 7, strike "development or plan" and substitute "plat".
(74)iiRenumber SECTIONS of the bill accordingly.
Amendment No. 1 was adopted.
CSHB 3167, as amended, was passed to engrossment.
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2621
HB 3753 ON SECOND READING
(by Harless)
HB 3753, A bill to be entitled An Act relating to the authority of a county
fire marshal to provide fire-related training programs for first responders.
HBi3753 was passed to engrossment.
CSHB 1848 ON SECOND READING
(by Klick, Sheffield, and Guerra)
CSHB 1848, A bill to be entitled An Act relating to prevention of
communicable diseases in certain long-term care facilities.
A record vote was requested by Representative Beckley.
CSHBi1848 was passed to engrossment by (Record 862): 142 Yeas, 2 Nays,
2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.;
Bernal; Biedermann; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns;
Burrows; Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Coleman;
Collier; Cortez; Craddick; Cyrier; Darby; Davis, Y.; Dean; Deshotel; Dominguez;
Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Goldman; González, J.;
González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless; Harris; Hefner;
Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel;
Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause;
Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez;
Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton;
Miller; Minjarez; Morales; Morrison; Muñoz; Murphy; Murr; Neave; Nevárez;
Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez;
Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rose;
Rosenthal; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith; Smithee;
Springer; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.;
Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle;
White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Beckley; Stickland.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Gervin-Hawkins; Johnson, E.
Absent, Excused, Committee Meeting — Davis, S.
Absent — Sanford.
STATEMENT OF VOTE
When Record No. 862 was taken, I was in the house but away from my
desk. I would have voted yes.
Sanford
2622 86th LEGISLATURE — REGULAR SESSION
CSHB 3529 ON SECOND READING
(by Gutierrez)
CSHB 3529, A bill to be entitled An Act relating to the creation of a family
violence pretrial diversion pilot program in Bexar County.
Amendment No. 1
Representative Gutierrez offered the following amendment to CSHBi3529:
Amend CSHBi3529 (house committee printing) as follows:
(1)iiOn page 1, line 5, following "Chapter", strike "493" and substitute
"509".
(2)iiOn page 1, line 6, following "Section", strike "493.032" and substitute
"509.018".
(3)iiOn page 1, line 7, strike "Sec.i493.032" and substitute "Sec.i509.018".
(4)iiOn page 1, line 11, strike "executive director" and substitute "division".
(5)iiOn page 2, line 8, strike "department" and substitute "division".
Amendment No. 1 was adopted.
CSHB 3529, as amended, was passed to engrossment.
CSHB 2454 ON SECOND READING
(by Price, Sheffield, Minjarez, S. Thompson, VanDeaver, et al.)
CSHB 2454, A bill to be entitled An Act relating to continuing education
requirements for certain health professionals regarding pain management and the
prescribing of opioids.
CSHBi2454 was passed to engrossment.
CSHB 3980 ON SECOND READING
(by Hunter)
CSHB 3980, A bill to be entitled An Act relating to a requirement that the
Statewide Behavioral Health Coordinating Council prepare a report regarding
suicide rates in this state and state efforts to prevent suicides.
CSHBi3980 was passed to engrossment.
HB 2245 ON SECOND READING
(by Wray)
HB 2245, A bill to be entitled An Act relating to trusts.
HBi2245 was passed to engrossment.
HB 2246 ON SECOND READING
(by Wray)
HB 2246, A bill to be entitled An Act relating to the fiduciary status of a
directed trust advisor.
HBi2246 was passed to engrossment.
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2623
HB 1131 ON SECOND READING
(by Cole, Ashby, Minjarez, Allen, Guillen, et al.)
HB 1131, A bill to be entitled An Act relating to the creation of a state
financing program administered by the Texas Public Finance Authority to assist
school districts with certain expenses; granting authority to issue bonds or other
obligations.
Amendment No. 1
Representative Cole offered the following amendment to HBi1131:
Amend HBi1131 (house committee report) as follows:
(1)iiOn page 2, between lines 17 and 18, insert the following appropriately
numbered SECTION and renumber subsequent SECTIONS of the bill
accordingly:
SECTIONi____.iiSection 45.057(b), Education Code, is amended to read as
follows:
(b)iiThe guarantee is not effective unless the attorney general approves the
bonds under Section 45.005 or 53.40 of this code or Section 1232.1031,
Government Code, as applicable.
(2)iiOn page 3, line 26, following the underlined semicolon, insert "or".
(3)iiOn page 3, line 27, between "valorem" and "tax", insert "maintenance".
(4)iiOn page 4, strike lines 1-7, and substitute the following:
authorized by law.
(c)iiA school district that secures payment of an obligation or agreement
issued or executed under Subsection (a) through imposing an ad valorem
maintenance tax must include the obligation or agreement in the district ’s total
maintenance tax debt service when submitting public securities for review to the
attorney general under Chapter 1202, Government Code.
(5)iiOn page 4, line 21, between "with" and "maintenance," insert
"improvement of existing instructional facilities, limited to the".
(6)iiOn page 4, between lines 26 and 27, insert the following appropriately
lettered subsection:
(____)iiVehicles, equipment, and appliances are considered furnishings of
instructional facilities for purposes of Section 5(d), Article VII, Texas
Constitution.
(7)iiOn page 5, line 11, between "section" and "with", insert "only".
(8)iiOn page 6, between lines 24 and 25, insert the following appropriately
lettered subsections:
(____)iiAn obligation issued under this section is not a debt of the state or
any state agency, political corporation, or political subdivision of the state and is
not a pledge of the faith and credit of any of those entities. The obligation may
only be payable from all or part of the amounts on deposit in the school district
equipment and improvement fund established under Subsection (e).
(____)iiAn obligation issued under this section must contain on the
obligation ’s face a statement to the effect that:
2624 86th LEGISLATURE — REGULAR SESSION
(1)iineither the state nor a state agency, political corporation, or political
subdivision of the state is obligated to pay the principal of or interest on the
obligation except as provided by this section; and
(2)iineither the faith and credit nor the taxing power of the state or any
state agency, political corporation, or political subdivision of the state is pledged
to the payment of the principal of or interest on the obligation.
(____)iiThe authority may not issue an obligation under this section until the
Bond Review Board has approved the issuance under Chapter 1231, Government
Code.
(____)iiIn submitting an obligation for review under Chapter 1202 or 1371,
as applicable, the authority shall demonstrate to the attorney general the ability of
the eligible school district to repay the loan or other financing agreement
executed with the authority.
(9)iiReletter subsections of added Section 1232.1031, Government Code,
and cross-references to those subsections as necessary.
Amendment No. 1 was adopted.
Amendment No. 2
Representative Cole offered the following amendment to HBi1131:
Amend HBi1131 (house committee report) as follows:
(1)iiOn page 6, line 3, strike "outstanding at any one time".
(2)iiOn page 6, line 4, following the underlined period, insert the following:
An issuance of obligations to refund outstanding obligations is not included in
determining the maximum aggregate amount under this subsection if the principal
amount of the refunding obligations does not exceed the principal amount of the
refunded obligations. If the principal amount of the refunding obligations exceeds
the principal amount of the refunded obligations, the excess amount of the
refunding obligations is included in determining the maximum aggregate amount.
Amendment No. 2 was adopted.
A record vote was requested by Representative Cain.
HB 1131, as amended, was passed to engrossment by (Record 863): 82
Yeas, 60 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell,
K.; Bernal; Blanco; Bowers; Bucy; Calanni; Canales; Clardy; Cole; Coleman;
Collier; Cortez; Davis, Y.; Deshotel; Dominguez; Farrar; Fierro; Geren;
González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless;
Hernandez; Herrero; Hinojosa; Howard; Huberty; Israel; Johnson, J.E.; King, K.;
King, T.; Kuempel; Lambert; Longoria; Lopez; Lozano; Lucio; Martinez;
Martinez Fischer; Meyer; Meza; Minjarez; Morales; Morrison; Muñoz; Neave;
Nevárez; Ortega; Pacheco; Perez; Ramos; Raney; Raymond; Reynolds;
Rodriguez; Romero; Rose; Rosenthal; Sheffield; Sherman; Stucky; Talarico;
Thierry; Thompson, E.; Turner, C.; Turner, J.; Vo; Walle; White; Wray; Wu;
Zwiener.
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2625
Nays — Bell, C.; Biedermann; Bohac; Bonnen; Buckley; Burns; Burrows;
Button; Cain; Capriglione; Craddick; Cyrier; Darby; Dean; Flynn; Frank; Frullo;
Goldman; Harris; Hefner; Holland; Hunter; Kacal; Klick; Krause; Landgraf;
Lang; Larson; Leach; Leman; Metcalf; Middleton; Miller; Murphy; Murr; Noble;
Oliverson; Paddie; Parker; Patterson; Paul; Phelan; Price; Sanford; Schaefer;
Shaheen; Shine; Smith; Smithee; Springer; Stephenson; Stickland; Swanson;
Thompson, S.; Tinderholt; Toth; VanDeaver; Wilson; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Moody(C).
Absent, Excused — Gervin-Hawkins; Johnson, E.
Absent, Excused, Committee Meeting — Davis, S.
Absent — Dutton; Johnson, J.D.; King, P.
STATEMENTS OF VOTE
When Record No. 863 was taken, I was shown voting yes. I intended to vote
no.
Anderson
When Record No. 863 was taken, I was shown voting yes. I intended to vote
no.
K. Bell
When Record No. 863 was taken, I was temporarily out of the house
chamber in the governor ’s office. I would have voted no.
P. King
When Record No. 863 was taken, I was shown voting yes. I intended to vote
no.
E. Thompson
When Record No. 863 was taken, I was shown voting no. I intended to vote
yes.
S. Thompson
When Record No. 863 was taken, I was shown voting yes. I intended to vote
no.
Wray
CSHB 72 ON SECOND READING
(by White, Howard, Wu, Meza, et al.)
CSHB 72, A bill to be entitled An Act relating to the provision of Medicaid
benefits to certain children formerly in the conservatorship of the Department of
Family and Protective Services.
CSHBi72 was passed to engrossment.
2626 86th LEGISLATURE — REGULAR SESSION
CSHB 2363 ON SECOND READING
(by Harris, Noble, Hefner, Longoria, Canales, et al.)
CSHB 2363, A bill to be entitled An Act relating to permitting certain foster
homes to store firearms and ammunition in the same locked location.
Amendment No. 1
Representative Meza offered the following amendment to CSHBi2363:
Amend CSHBi2363 (house committee printing) on page 1, line 13, between
"location" and "[locations]", by inserting "if the locked location is only accessible
using a biometric identifier or a numeric code".
(Speaker in the chair)
Representative Harris moved to table Amendment No. 1.
A record vote was requested by Representative Sanford.
The motion to table prevailed by (Record 864): 82 Yeas, 61 Nays, 1 Present,
not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann;
Bohac; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Clardy;
Craddick; Cyrier; Darby; Dean; Flynn; Frank; Frullo; Geren; Goldman; Harless;
Harris; Hefner; Holland; Huberty; Hunter; Kacal; King, K.; King, P.; King, T.;
Klick; Krause; Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman;
Lozano; Metcalf; Meyer; Middleton; Miller; Morrison; Murphy; Murr; Noble;
Oliverson; Paddie; Parker; Patterson; Paul; Phelan; Price; Raney; Sanford;
Schaefer; Shaheen; Shine; Smith; Smithee; Springer; Stephenson; Stickland;
Stucky; Swanson; Thierry; Thompson, E.; Tinderholt; Toth; VanDeaver; White;
Wilson; Wray; Zedler; Zerwas.
Nays — Allen; Anchia; Beckley; Bernal; Blanco; Bowers; Bucy; Calanni;
Canales; Cole; Coleman; Collier; Cortez; Davis, Y.; Deshotel; Dominguez;
Dutton; Farrar; Fierro; González, J.; González, M.; Goodwin; Guerra; Guillen;
Gutierrez; Hernandez; Herrero; Hinojosa; Howard; Israel; Johnson, J.E.;
Longoria; Lopez; Lucio; Martinez; Martinez Fischer; Meza; Minjarez; Moody;
Morales; Muñoz; Neave; Ortega; Pacheco; Perez; Ramos; Raymond; Reynolds;
Rodriguez; Romero; Rose; Rosenthal; Sheffield; Sherman; Talarico; Thompson,
S.; Turner, C.; Turner, J.; Vo; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Gervin-Hawkins; Johnson, E.
Absent, Excused, Committee Meeting — Davis, S.
Absent — Johnson, J.D.; Nevárez; Walle.
CSHB 2363 was passed to engrossment.
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2627
HB 4671 ON SECOND READING
(by Goodwin and Bucy)
HB 4671, A bill to be entitled An Act relating to the powers and duties of
the Ranch at Cypress Creek Municipal Utility District No. 1.
HBi4671 was passed to engrossment.
CSHB 2763 ON SECOND READING
(by Flynn, Murphy, Paul, Gervin-Hawkins, and Middleton)
CSHB 2763, A bill to be entitled An Act relating to the police pension fund
in certain municipalities.
CSHBi2763 was passed to engrossment.
CSHB 2625 ON SECOND READING
(by Perez, Longoria, Moody, and Goldman)
CSHB 2625, A bill to be entitled An Act relating to creating the criminal
offense of mass fraudulent use or possession of credit card or debit card
information.
Amendment No. 1
Representative Perez offered the following amendment to CSHBi2625:
Amend CSHBi2625 (house committee printing) as follows:
(1)iiOn page 1, line 7, strike "MASS".
(2)iiOn page 2, strike lines 9-16 and substitute the following:
(1)iia counterfeit credit card or debit card;
(2)iithe number and expiration date of a credit card or debit card without
the consent of the account holder; or
(3)iithe data stored on the digital imprint of a credit card or debit card
without the consent of the account holder.
(3)iiOn page 2, between lines 25 and 26, insert the following:
(1)iia state jail felony if the number of items obtained, possessed,
transferred, or used is less than five;
(4)iiOn page 2, line 26, strike "(1)" and substitute "(2)".
(5)iiOn page 3, line 2, strike "(2)" and substitute "(3)".
(6)iiOn page 3, line 5, strike "(3)" and substitute "(4)".
(7)iiOn page 3, line 8, strike "or (2)" and substitute ", (2), or (3)".
Amendment No. 1 was adopted.
Amendment No. 2
Representative Wu offered the following amendment to CSHBi2625:
Amend CSHBi2625 (house committee printing) by striking page 3, lines
7-11, and relettering subsequent subsections of added Section 32.315, Penal
Code, accordingly.
Amendment No. 2 was adopted.
CSHB 2625, as amended, was passed to engrossment.
2628 86th LEGISLATURE — REGULAR SESSION
CSHB 1063 ON SECOND READING
(by Price, Sheffield, Rose, Ashby, M. González, et al.)
CSHB 1063, A bill to be entitled An Act relating to telemedicine medical,
telehealth, and home telemonitoring services under Medicaid.
CSHBi1063 was passed to engrossment.
CSHB 2826 ON SECOND READING
(by G. Bonnen, Leach, Goldman, Gervin-Hawkins, Longoria, et al.)
CSHB 2826, A bill to be entitled An Act relating to procurement of a
contingent fee contract for legal services by certain governmental entities.
(S. Davis now present)
Amendment No. 1
Representative Huberty offered the following amendment to CSHBi2826:
Amend CSHBi2826 as follows:
(1)iiOn page 1, line 10, strike "(a) and (b)" and insert "(a), (b), and (c)".
(2)iiOn page 1, insert the following between lines 20 and 21:
(c)iiThis subchapter does not apply to a contract:
(1)iiwith a state agency to collect an obligation under Section
2107.003(b), (c), or (c-1); [or]
(2)iifor legal services entered into by an institution of higher education
under Section 153.006, Education Code; or
(3)iifor legal services provided to a school district under Subchapter M,
Chapter 403.
Amendment No. 1 was adopted.
Amendment No. 2
Representative Clardy offered the following amendment to CSHBi2826:
Amend CSHBi2826 as follows:
(1)iiOn page 1, line 22, strike "33.41" and insert "6.30".
(2)iiOn page 1, line 22, insert "Article 103.0031, Texas Code of Criminal
Procedure" between the comma and "or".
(3)iiOn page 3, line 11, delete "governing body of the".
(4)iiDelete lines 25 through 27 on page 3 and replace them with the
following:
"the reasons the legal services cannot be adequately performed by the attorneys
and supporting personnel of the political subdivision;"
(5)iiOn page 4, line 9, delete the colon and replace with "the matters listed in
Subsection (a)(1)."
(6)iiDelete lines 10 through 15 on page 4.
(7)iiOn page 4, at the end of line 23, insert "and".
(8)iiOn page 5, line 3, delete "; and" and insert ".".
(9)iiDelete lines 4 through 7 on page 5.
(10)iiDelete lines 21 and 22 on page 5 and renumber the following
paragraphs accordingly.
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2629
(11)iiOn page 5, line 25, insert "and".
(12)iiOn page 5, line 27, delete "; and" and insert ".".
(13)iiDelete lines 1 and 2 on page 6.
(14)iiOn page 9, line 12, insert:
"A contract that is submitted to and approved by the attorney general under
Section 2254.1038 cannot later be declared void under this section."
Amendment No. 2 was adopted.
Amendment No. 3
Representative Lucio offered the following amendment to CSHBi2826:
Amend CSHBi2826 as follows:
(1)iiOn page 6, delete lines 3 through 13 and replace them with the
following:
(b)iiWithin 90 days after receiving a contract from a political subdivision,
the attorney general may:
(1)iiapprove the contract;
(2)iirefuse to approve the contract because the requirements of this
subchapter were not fulfilled; or
(3)iirefuse to approve the contract because:
(A)iithe legal matter that is the subject of the contract presents one
or more questions of law or fact that are in common with a matter the state has
already addressed or is pursuing; and
(B)iipursuit of the matter by the political subdivision will not
promote the just and efficient resolution of the matter.
(2)iiOn page 6, between lines 19 and 20, insert the following and renumber
the remaining subsections accordingly:
(d)iiIf the attorney general refuses to approve a contract under Subsection
(b)(2), the attorney general shall specifically identify the provisions of this
subchapter with which the contract fails to comply or the political subdivision
failed to comply. Nothing in this section prohibits a political subdivision from
correcting a failure to comply with this subchapter.
(e)iiIf the attorney general refuses to approve a contract under Subsection
(b)(3), the attorney general shall inform the political subdivision of the factual
and legal basis for the decision.
(f)iiA political subdivision may contest the attorney general ’s refusal to
approve the contract under Subsection (b)(3) in the manner provided for
contested cases under Chapter 2001.
(g)iiThe state office of administrative hearings shall establish procedures to
govern a contest to the attorney general ’s refusal to approve a contract under
Subsection (b)(3) and for in camera review and protection from disclosure of
information excepted from disclosure under Chapter 552 in a contested case
under this subsection.
(h)iiThe refusal to approve a contract under Subsection (b)(3) is subject to
substantial evidence judicial review as provided in Subchapter G, Chapter 2001.
Amendment No. 3 was adopted.
CSHB 2826, as amended, was passed to engrossment. (Collier recorded
voting present, not voting.)
2630 86th LEGISLATURE — REGULAR SESSION
CSHB 4296 ON SECOND READING
(by Schaefer, Guillen, Phelan, Morrison, P. King, et al.)
CSHB 4296, A bill to be entitled An Act relating to the regulation of
plumbing, including the requirements to obtain a tradesman plumber-limited
license.
CSHB 4296 - POINT OF ORDER
Representative C. Turner raised a point of order against further consideration
of CSHB 4296 under Rule 4, Section 32(b)(4), of the House Rules on the
grounds that the date on the committee report is incorrect.
The point of order was withdrawn.
Amendment No. 1
Representative Schaefer offered the following amendment to CSHBi4296:
Amend CSHBi4296 (house committee printing) as follows:
(1)iiOn page 2, line 8, following the underlined period, insert the following:
The board may not require the person to register as a plumber ’s apprentice, pay
any fee, or comply with Section 1301.354ior any other requirement of this
chapter that applies to a person ’s eligibility to apply for and take the examination.
(2)iiOn page 2, line 12, between "with" and "any", insert "Section
1301.354ior".
Amendment No. 1 was adopted.
CSHB 4296, as amended, was passed to engrossment.
HB 2780 ON SECOND READING
(by Wray)
HB 2780, A bill to be entitled An Act relating to obsolete references to the
Texas Probate Code.
HBi2780 was passed to engrossment.
CSHB 3809 ON SECOND READING
(by Goldman, Meyer, et al.)
CSHB 3809, A bill to be entitled An Act relating to the accrual of and
limitations periods for personal injury claims that arise from certain offenses
involving child sexual abuse.
Amendment No. 1
Representative Goldman offered the following amendment to CSHBi3809:
Amend CSHBi3809 (house committee printing) on page 2, lines 8 and 9, by
striking "a person or persons" and substituting "an individual or individuals".
Amendment No. 1 was adopted.
CSHB 3809, as amended, was passed to engrossment.
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2631
HB 332 ON SECOND READING
(by Nevárez)
HB 332, A bill to be entitled An Act relating to the eligibility of a retired or
former judge for assignment in certain proceedings.
Amendment No. 1
Representative Nevárez offered the following amendment to HBi332:
Amend HBi332 (house committee report) as follows:
(1)iiOn page 1, lines 9 and 10, strike "four terms of office [96 months]" and
substitute "96 months".
(2)iiOn page 1, line 21, between "duties" and the semicolon, insert ",
provided the judge served as an active judge for at least four terms of office".
(3)iiOn page 1, line 22, strike "and" and substitute "or".
Amendment No. 1 was adopted.
HB 332, as amended, was passed to engrossment. (Flynn and Kuempel
recorded voting no.)
CSHB 300 ON SECOND READING
(by Murr and Lang)
CSHB 300, A bill to be entitled An Act relating to inquest summary reports
and the preservation of evidence collected in the course of an inquest.
CSHBi300 was passed to engrossment.
HB 642 ON SECOND READING
(by Raney)
HB 642, A bill to be entitled An Act relating to authorizing an optional
county fee on vehicle registration in certain counties to be used for transportation
projects.
A record vote was requested by Representative Stickland.
HBi642 was passed to engrossment by (Record 865): 104 Yeas, 41 Nays, 1
Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell,
K.; Bernal; Blanco; Bowers; Bucy; Button; Calanni; Canales; Capriglione;
Clardy; Cole; Coleman; Collier; Cortez; Craddick; Darby; Davis, S.; Davis, Y.;
Deshotel; Dominguez; Dutton; Farrar; Fierro; Flynn; Frullo; Geren; Goldman;
González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless;
Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, J.D.;
Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Lambert; Larson; Leman;
Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Meyer; Meza;
Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Neave; Nevárez; Ortega;
Pacheco; Parker; Perez; Ramos; Raney; Raymond; Reynolds; Rodriguez;
Romero; Rose; Rosenthal; Sanford; Sheffield; Sherman; Shine; Smithee;
Stephenson; Talarico; Thierry; Thompson, E.; Thompson, S.; Turner, C.; Turner,
J.; VanDeaver; Vo; Walle; Wray; Wu; Zerwas; Zwiener.
2632 86th LEGISLATURE — REGULAR SESSION
Nays — Bell, C.; Biedermann; Bohac; Bonnen; Buckley; Burns; Burrows;
Cain; Cyrier; Dean; Frank; Harris; Hefner; Holland; Klick; Krause; Kuempel;
Landgraf; Leach; Metcalf; Middleton; Miller; Murr; Noble; Oliverson; Paddie;
Patterson; Paul; Phelan; Price; Schaefer; Shaheen; Smith; Springer; Stickland;
Stucky; Swanson; Tinderholt; White; Wilson; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Gervin-Hawkins; Johnson, E.
Absent — Lang; Toth.
STATEMENTS OF VOTE
When Record No. 865 was taken, I was shown voting yes. I intended to vote
no.
P. King
When Record No. 865 was taken, I was shown voting yes. I intended to vote
no.
Sanford
When Record No. 865 was taken, I was in the house but away from my
desk. I would have voted no.
Toth
When Record No. 865 was taken, I was shown voting yes. I intended to vote
no.
Wray
REMARKS ORDERED PRINTED
Representative Israel moved to print remarks between Representative Paddie
and Representative Israel on CSHBi2050.
The motion prevailed.
CSHB 2737 ON SECOND READING
(by Wu, Dutton, White, Leach, Frank, et al.)
CSHB 2737, A bill to be entitled An Act relating to judicial guidance related
to child protective services cases and juvenile cases.
Amendment No. 1
Representative Wu offered the following amendment to CSHBi2737:
Amend CSHBi2737 (house committee report) on page 1, line 8, between
"supreme court" and "annually", by inserting ", in conjunction with the Supreme
Court of Texas Permanent Judicial Commission for Children, Youth and
Families,".
Amendment No. 1 was adopted.
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2633
Amendment No. 2
Representative White offered the following amendment to CSHBi2737:
Amend CSHBi2737 (house committee report) as follows:
(1)iiOn page 1, line 24, strike "and".
(2)iiOn page 2, line 1, between "(D)" and "commitment", insert the
following:
a child ’s appearance before a court in a judicial proceeding, including the use of a
restraint on the child and the clothing worn by the child during the proceeding;
and
(E)
Amendment No. 2 was adopted.
CSHB 2737, as amended, was passed to engrossment.
CSHB 788 ON SECOND READING
(by S. Davis and White)
CSHB 788, A bill to be entitled An Act relating to a study on the
assessments used by the Board of Pardons and Paroles to make parole decisions.
CSHBi788 was passed to engrossment.
CSHB 918 ON SECOND READING
(by White, et al.)
CSHB 918, A bill to be entitled An Act relating to providing discharged or
released inmates with certain documents, including documents to assist the
inmate in obtaining employment.
CSHBi918 was passed to engrossment.
HB 1059 ON SECOND READING
(by Lucio)
HB 1059, A bill to be entitled An Act relating to a biennial report on
stormwater infrastructure in this state.
HBi1059 was passed to engrossment.
CSHB 963 ON SECOND READING
(by C. Bell, Bernal, Howard, and J.D. Johnson)
CSHB 963, A bill to be entitled An Act relating to a review by the State
Board of Education of the essential knowledge and skills of the career and
technology and technology applications curriculums.
CSHBi963 was passed to engrossment.
CSHB 1273 ON SECOND READING
(by Zedler)
CSHB 1273, A bill to be entitled An Act relating to denial of payment for
preauthorized health care services.
2634 86th LEGISLATURE — REGULAR SESSION
Amendment No. 1
Representative Zedler offered the following amendment to CSHBi1273:
Amend CSHBi1273 (house committee report) as follows:
(1)iiOn page 1, line 8, between "HEALTH CARE" and "SERVICES", insert
"OR DENTAL CARE".
(2)iiOn page 1, line 12, between "HEALTH CARE" and "SERVICES",
insert "OR DENTAL CARE".
(3)iiStrike "health care services" each place the phrase appears and substitute
"health care or dental care services" (page 1, lines 13 and 18-20).
(4)iiStrike "physician or health care provider" each place the phrase appears
and substitute "physician, dentist, or health care provider" (page 1, lines 14,
15iand 16, 17 and 18, and 22 and page 2, line 8).
Amendment No. 1 was adopted.
Amendment No. 2
Representative Zedler offered the following amendment to CSHBi1273:
Amend CSHBi1273 (house committee report) as follows:
(1)iiOn page 1, between lines 4 and 5, insert the following appropriately
numbered SECTION:
SECTIONi____.iiSection 843.348, Insurance Code, is amended by adding
Subsection (g-1) to read as follows:
(g-1)iiNothing in Subsection (g) may be construed to:
(1)iiauthorize a provider to provide health care services outside of the
scope of the provider ’s practice as defined by applicable state law; or
(2)iirequire the health maintenance organization to pay for a health care
service provided outside of the scope of a provider ’s practice as defined by
applicable state law.
(2)iiOn page 1, lines 13-14, strike "to be performed by a physician or health
care provider".
(3)iiOn page 2, between lines 16 and 17, insert the following:
(d)iiNothing in Subsection (a) may be construed to:
(1)iiauthorize a health care provider to provide health care services
outside of the scope of the health care provider ’s practice as defined by applicable
state law; or
(2)iirequire the health benefit plan issuer to pay for a health care service
provided outside of the scope of a health care provider ’s practice as defined by
applicable state law.
(4)iiAdd the following appropriately numbered SECTION to the bill:
SECTIONi____.iiSection 1301.135, Insurance Code, is amended by adding
Subsection (f-1) to read as follows:
(f-1)iiNothing in Subsection (f) may be construed to:
(1)iiauthorize a health care provider to provide medical care or health
care services outside of the scope of the health care provider ’s practice as defined
by applicable state law; or
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2635
(2)iirequire the insurer to pay for a medical care or health care service
provided outside of the scope of a health care provider s’ practice as defined by
applicable state law.
(5)iiRenumber the SECTIONS of the bill accordingly.
Amendment No. 2 was adopted.
CSHB 1273, as amended, was passed to engrossment.
HB 3852 ON SECOND READING
(by Longoria)
HB 3852, A bill to be entitled An Act relating to purchasing and contracting
by governmental entities; authorizing fees.
Representative Longoria moved to postpone consideration of HBi3852iuntil
10ia.m. Tuesday, May 7.
The motion prevailed.
CSHB 1353 ON SECOND READING
(by Oliverson)
CSHB 1353, A bill to be entitled An Act relating to liability of volunteer
health care providers and health care institutions for care, assistance, or advice
provided in relation to a disaster.
Representative Oliverson moved to postpone consideration of
CSHBi1353iuntil 10ia.m. Friday, May 3.
The motion prevailed.
CSHB 1362 ON SECOND READING
(by Wu, Frank, Hinojosa, Miller, and Walle)
CSHB 1362, A bill to be entitled An Act relating to the caseloads of child
protective services caseworkers.
CSHBi1362 was passed to engrossment.
CSHB 1532 ON SECOND READING
(by Meyer)
CSHB 1532, A bill to be entitled An Act relating to the regulation of certain
health organizations certified by the Texas Medical Board; providing an
administrative penalty; authorizing a fee.
A record vote was requested by Representative Beckley.
CSHBi1532 was passed to engrossment by (Record 866): 144 Yeas, 2 Nays,
1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.;
Bernal; Blanco; Bohac; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows;
Button; Cain; Calanni; Canales; Capriglione; Clardy; Cole; Coleman; Collier;
Cortez; Craddick; Cyrier; Darby; Davis, S.; Davis, Y.; Dean; Deshotel;
Dominguez; Dutton; Farrar; Fierro; Flynn; Frank; Frullo; Geren; Goldman;
González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez; Harless;
2636 86th LEGISLATURE — REGULAR SESSION
Harris; Hefner; Hernandez; Hinojosa; Holland; Howard; Huberty; Hunter; Israel;
Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause;
Kuempel; Lambert; Landgraf; Lang; Larson; Leach; Leman; Longoria; Lopez;
Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton;
Miller; Minjarez; Moody; Morales; Morrison; Muñoz; Murphy; Murr; Neave;
Nevárez; Noble; Oliverson; Ortega; Pacheco; Paddie; Parker; Patterson; Paul;
Perez; Phelan; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero;
Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sheffield; Sherman; Shine; Smith;
Smithee; Springer; Stephenson; Stickland; Stucky; Swanson; Talarico; Thierry;
Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.;
VanDeaver; Vo; Walle; White; Wilson; Wray; Wu; Zedler; Zerwas; Zwiener.
Nays — Beckley; Biedermann.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Gervin-Hawkins; Johnson, E.
Absent — Herrero.
STATEMENT OF VOTE
When Record No. 866 was taken, I was shown voting yes. I intended to vote
no.
Tinderholt
CSHB 3041 ON SECOND READING
(by C. Turner)
CSHB 3041, A bill to be entitled An Act relating to the renewal of a
preauthorization for a medical or health care service.
Amendment No. 1
Representative C. Turner offered the following amendment to CSHBi3041:
Amend CSHBi3041 (house committee report) as follows:
(1)iiOn page 3, line 9, following the underlined semicolon, add "and".
(2)iiOn page 3, line 11, strike the underlined semicolon and substitute an
underlined period.
(3)iiOn page 3, strike lines 12-15.
Amendment No. 1 was adopted.
A record vote was requested by Representative Schaefer.
CSHB 3041, as amended, was passed to engrossment by (Record 867): 79
Yeas, 58 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Ashby; Bailes; Beckley; Bell, K.; Bernal; Blanco;
Bowers; Bucy; Burrows; Button; Calanni; Canales; Clardy; Cole; Coleman;
Collier; Cortez; Davis, S.; Davis, Y.; Deshotel; Dominguez; Dutton; Farrar;
Fierro; Geren; González, J.; González, M.; Goodwin; Guerra; Guillen; Gutierrez;
Hernandez; Herrero; Hinojosa; Howard; Israel; Johnson, J.D.; Johnson, J.E.;
King, T.; Lambert; Larson; Leach; Longoria; Lopez; Lozano; Lucio; Martinez;
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2637
Meza; Minjarez; Morales; Muñoz; Neave; Nevárez; Ortega; Pacheco; Paddie;
Perez; Ramos; Raney; Raymond; Reynolds; Rodriguez; Romero; Rosenthal;
Sheffield; Sherman; Shine; Talarico; Thierry; Toth; Turner, C.; Turner, J.; Vo;
Walle; Wu; Zerwas; Zwiener.
Nays — Allison; Anderson; Biedermann; Bohac; Bonnen; Buckley; Burns;
Cain; Capriglione; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Goldman;
Harless; Harris; Hefner; Holland; Huberty; Hunter; King, P.; Klick; Krause;
Kuempel; Landgraf; Lang; Leman; Metcalf; Meyer; Middleton; Miller; Morrison;
Murphy; Murr; Noble; Oliverson; Parker; Patterson; Paul; Phelan; Price; Sanford;
Schaefer; Shaheen; Smith; Smithee; Springer; Stickland; Stucky; Swanson;
Thompson, E.; Tinderholt; VanDeaver; White; Wray; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Gervin-Hawkins; Johnson, E.
Absent — Bell, C.; Flynn; Kacal; King, K.; Martinez Fischer; Moody; Rose;
Stephenson; Thompson, S.; Wilson.
STATEMENTS OF VOTE
When Record No. 867 was taken, my vote failed to register. I would have
voted no.
Flynn
When Record No. 867 was taken, I was shown voting no. I intended to vote
yes.
Frullo
When Record No. 867 was taken, I was in the house but away from my
desk. I would have voted yes.
Kacal
When Record No. 867 was taken, I was shown voting yes. I intended to vote
no.
Leach
When Record No. 867 was taken, my vote failed to register. I would have
voted yes.
Martinez Fischer
When Record No. 867 was taken, I was shown voting no. I intended to vote
yes.
Murr
When Record No. 867 was taken, I was shown voting no. I intended to vote
yes.
Oliverson
2638 86th LEGISLATURE — REGULAR SESSION
When Record No. 867 was taken, I was shown voting yes. I intended to vote
no.
Paddie
When Record No. 867 was taken, I was in the house but away from my
desk. I would have voted no.
Wilson
When Record No. 867 was taken, I was shown voting no. I intended to vote
yes.
Wray
HB 1649 ON SECOND READING
(by Kuempel)
HB 1649, A bill to be entitled An Act relating to vehicle eligibility for the
light-duty motor vehicle purchase or lease incentive program.
Amendment No. 1
Representative Springer offered the following amendment to HBi1649:
Amend HBi1649 (house committee report) as follows:
(1)iiOn page 1, strike lines 5 and 6 and substitute the following:
SECTIONi1.iiSection 386.154, Health and Safety Code, is amended by
amending Subsection (d) and adding Subsection (f) to read as follows:
(2)iiOn page 2, between lines 3 and 4, insert the following:
(f)iiA person that receives the incentive described by Subsection (d) shall
remit $750 to the comptroller to deposit to the credit of the state highway fund.
Amendment No. 1 was adopted.
Amendment No. 2
Representative Murphy offered the following amendment to HBi1649:
Amend HBi1649 (house committee report) as follows:
(1)iiOn page 1, line 23, strike "and" and substitute "[and]".
(2)iiOn page 2, line 3, between "resale" and the period, insert:
; and
(7)iiis not a motor-assisted scooter, pocket bike, or minimotorbike as
those terms are defined by Section 551.351, Transportation Code
Amendment No. 2 was adopted.
A record vote was requested by Representative Stickland.
HB 1649, as amended, was passed to engrossment by (Record 868): 99
Yeas, 37 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anderson; Bailes; Beckley; Bell, K.; Bernal;
Blanco; Bowers; Buckley; Bucy; Burns; Burrows; Button; Calanni; Canales;
Cole; Coleman; Collier; Cortez; Darby; Davis, S.; Davis, Y.; Dean; Dutton;
Farrar; Fierro; Flynn; Frullo; Geren; González, J.; González, M.; Goodwin;
Guerra; Guillen; Gutierrez; Harless; Hernandez; Herrero; Hinojosa; Howard;
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2639
Huberty; Hunter; Israel; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; Kuempel;
Lambert; Landgraf; Larson; Leach; Longoria; Lopez; Lozano; Lucio; Martinez;
Martinez Fischer; Meyer; Meza; Miller; Minjarez; Moody; Morales; Morrison;
Muñoz; Murphy; Neave; Ortega; Pacheco; Paddie; Phelan; Price; Ramos; Raney;
Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sheffield; Sherman;
Shine; Smith; Springer; Stephenson; Stucky; Talarico; Thierry; Thompson, E.;
Toth; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wu.
Nays — Anchia; Ashby; Bohac; Bonnen; Cain; Capriglione; Clardy;
Craddick; Cyrier; Dominguez; Frank; Goldman; Harris; Hefner; Holland; King,
P.; Klick; Krause; Lang; Leman; Metcalf; Middleton; Murr; Noble; Oliverson;
Parker; Patterson; Paul; Sanford; Shaheen; Smithee; Stickland; Swanson;
Tinderholt; White; Wilson; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Gervin-Hawkins; Johnson, E.
Absent — Bell, C.; Biedermann; Deshotel; King, T.; Nevárez; Perez;
Schaefer; Thompson, S.; Wray; Zerwas; Zwiener.
STATEMENTS OF VOTE
When Record No. 868 was taken, I was shown voting yes. I intended to vote
no.
Burns
When Record No. 868 was taken, I was shown voting yes. I intended to vote
no.
Flynn
When Record No. 868 was taken, I was in the house but away from my
desk. I would have voted yes.
T. King
When Record No. 868 was taken, I was shown voting yes. I intended to vote
no.
Landgraf
When Record No. 868 was taken, I was shown voting yes. I intended to vote
no.
Leach
When Record No. 868 was taken, I was shown voting yes. I intended to vote
no.
Meyer
When Record No. 868 was taken, I was shown voting yes. I intended to vote
no.
Toth
2640 86th LEGISLATURE — REGULAR SESSION
When Record No. 868 was taken, I was in the house but away from my
desk. I would have voted yes.
Zwiener
HB 1568 ON SECOND READING
(by Hernandez)
HB 1568, A bill to be entitled An Act relating to the authority of certain
municipal employees to request the removal and storage of certain abandoned or
illegally parked or operated vehicles.
HBi1568 was passed to engrossment.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Juvenile Justice and Family Issues, scheduled to meet upon final
adjournment or during bill referral, if permission granted, today, will convene at
7ip.m.iin the posted location.
MESSAGE FROM THE SENATE
A message from the senate was received at this time (see the addendum to
the daily journal, Messages from the Senate, Message No. 2).
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
State Affairs, scheduled to reconvene today upon adjournment or during bill
referral, if permission granted, will convene at 7:30 p.m. in the posted location.
FIVE-DAY POSTING RULE SUSPENDED
Representative Phelan moved to suspend the five-day posting rule to allow
the Committee on Transportation to consider HBi4762 at 2 p.m. or upon
adjournment or during bill referral, if permission granted, today in E2.030.
The motion prevailed.
COMMITTEES GRANTED PERMISSION TO MEET
Representative Canales moved that the house grant permission for all
committees and subcommittees to meet while the house is in session, during bill
referral today, pursuant to their committee postings or recess motions.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENTS
The following committee meetings were announced:
Business and Industry, upon final adjournment or during bill referral, if
permission granted, today, 1W.14, for a formal meeting, to consider pending
business.
Resolutions Calendars, upon final adjournment or during bill referral, if
permission granted, today, 1W.14, for a formal meeting, to consider a calendar.
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2641
PROVIDING FOR ADJOURNMENT
At 6:37 p.m., Representative Goodwin moved that, at the conclusion of the
reading of bills and resolutions on first reading and referral to committees, the
house adjourn until 10 a.m. tomorrow in memory of Dr. Michael James
Babineaux of Austin.
The motion prevailed.
BILLS AND JOINT RESOLUTIONS ON FIRST READING
AND REFERRAL TO COMMITTEES
CORRECTIONS IN REFERRAL
Bills and joint resolutions were at this time laid before the house, read first
time, and referred to committees. Pursuant to Rule 1, Section 4, of the House
Rules, the chair at this time corrected the referral of measures to committees. (See
the addendum to the daily journal, Referred to Committees, List No. 2.)
(K. Bell in the chair)
ADJOURNMENT
In accordance with a previous motion, the house, at 6:43 p.m., adjourned
until 10 a.m. tomorrow.
AAAAAADDENDUMAAAAA
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
SB 1038 to Land and Resource Management.
SB 1720 to County Affairs.
SB 1793 to State Affairs.
SB 1794 to Judiciary and Civil Jurisprudence.
SB 1856 to Ways and Means.
SB 1879 to Homeland Security and Public Safety.
SB 1959 to Transportation.
SB 2135 to Public Education.
SB 2505 to County Affairs.
SB 2517 to Land and Resource Management.
SB 2527 to Land and Resource Management.
2642 86th LEGISLATURE — REGULAR SESSION
List No. 2
SB 11 to Public Education.
SB 58 to Ways and Means.
SB 437 to Insurance.
SB 446 to State Affairs.
SB 1029 to Ways and Means.
SB 1056 to Public Health.
SB 1129 to Urban Affairs.
SB 1336 to Business and Industry.
SB 1386 to Natural Resources.
SB 1500 to Judiciary and Civil Jurisprudence.
SB 1525 to Ways and Means.
SB 1584 to Insurance.
SB 1742 to Insurance.
SB 1755 to Judiciary and Civil Jurisprudence.
SB 1803 to Criminal Jurisprudence.
SB 1805 to Agriculture and Livestock.
SB 1824 to Ways and Means.
SB 1845 to Business and Industry.
SB 1918 to Urban Affairs.
SB 1928 to Judiciary and Civil Jurisprudence.
SB 1940 to Insurance.
SB 2040 to Human Services.
SB 2156 to Transportation.
SB 2245 to County Affairs.
SB 2270 to Pensions, Investments, and Financial Services.
SB 2449 to Land and Resource Management.
SB 2469 to Land and Resource Management.
SB 2481 to Land and Resource Management.
SB 2521 to Land and Resource Management.
SB 2524 to Land and Resource Management.
SB 2525 to Land and Resource Management.
SB 2526 to Land and Resource Management.
SB 2534 to Land and Resource Management.
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2643
Pursuant to Rule 1, Section 4, of the House Rules, the chair corrects the
referral of the following bills and resolutions:
SB 1207 to Insurance.
SIGNED BY THE SPEAKER
The following bills and resolutions were today signed in the presence of the
house by the speaker:
Senate List No. 15
SBi325, SBi872
MESSAGES FROM THE SENATE
The following messages from the senate were today received by the house:
Message No. 1
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Wednesday, May 1, 2019
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 374 Allen SPONSOR: Miles
Relating to meetings or visits between a defendant on community supervision
and a supervision officer.
(Committee Substitute)
HB 1311 Thompson, Senfronia SPONSOR: Watson
Relating to the continuation and functions of the Texas Board of Professional
Geoscientists.
HB 1595 Paddie SPONSOR: Hughes
Relating to the deployment of advanced metering and meter information
networks in certain areas outside of ERCOT.
HCR 163 Kacal SPONSOR: Birdwell
Commemorating the 30th anniversary of the Allergan company ’s Waco
Manufacturing Facility.
SB 711 Hinojosa
Relating to allowing safety recall information to be included in a vehicle
inspection report.
SB 958 Johnson
2644 86th LEGISLATURE — REGULAR SESSION
Relating to a right of first refusal applicable to the sale of housing developments
that have received certain financial assistance administered by the Texas
Department of Housing and Community Affairs.
SB 1130 West
Relating to the establishment of a task force on father engagement in this state.
SB 1133 Bettencourt
Relating to prohibiting public schools from owning, leasing, or having a business
interest in certain entities and real property associated with those entities.
SB 1331 Hinojosa
Relating to the regulation of individuals and entities that conduct forensic
analyses, examinations, and tests.
SB 1783 Zaffirini
Relating to guardianships, alternatives to guardianship, and supports and services
for incapacitated persons.
SB 2143 Flores
Relating to the authority of the Kickapoo Traditional Tribe of Texas to
commission peace officers.
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 2
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Wednesday, May 1, 2019 - 2
The Honorable Speaker of the House
House Chamber
Austin, Texas
Mr. Speaker:
I am directed by the senate to inform the house that the senate has taken the
following action:
THE SENATE HAS PASSED THE FOLLOWING MEASURES:
HB 723 Larson SPONSOR: Perry
Relating to a requirement that the Texas Commission on Environmental Quality
obtain or develop updated water availability models for certain river basins.
(Committee Substitute)
SB 535 Campbell
Relating to the carrying of a handgun by a license holder on the premises of
certain places of religious worship.
SB 708 Zaffirini
Relating to collection and use of child safety data for licensed day-care centers.
Wednesday, May 1, 2019 HOUSE JOURNAL — 56th Day 2645
SB 1105 Kolkhorst
Relating to the administration and operation of Medicaid, including Medicaid
managed care.
SB 1180 Menéndez
Relating to reporting regarding veterans treatment court programs.
SB 1818 Zaffirini
Relating to a competitive and integrated employment initiative for certain
Medicaid recipients.
SB 1991 Buckingham
Relating to claims and overpayment recoupment processes imposed on health
care providers under Medicaid.
SB 2272 Nichols
Relating to the procedure for amending or revoking certificates of public
convenience and necessity issued to certain water utilities.
SB 2293 Fallon
Relating to the applicability of certain laws to open-enrollment charter schools.
SB 2318 Campbell
Relating to the authority of a county to require a person to obtain a building
permit from the county for certain portable structures.
SCR 59 Birdwell
Urging the president to designate a state funeral for the last surviving Medal of
Honor recipient from World War II.
Respectfully,
Patsy Spaw
Secretary of the Senate
AAAAAAPPENDIXAAAAA
STANDING COMMITTEE REPORTS
Favorable reports have been filed by committees as follows:
April 30
Business and Industry - HBi733, HBi2302
Corrections - HBi4104
County Affairs - HBi1356, HBi2467, HBi3001, HBi4075, HBi4117,
HBi4468, HBi4693, HBi4752, SBi790
Criminal Jurisprudence - HBi37, HBi442, HBi760, HBi934, HBi1445,
HBi2342, HBi2360, HBi2361, HBi2518, HBi2524, HBi2894, HBi2906,
HBi3091, HBi3177, HBi3490, HBi3849, HBi4202, HJRi62
Elections - HBi2898, HBi3964, HBi4130
2646 86th LEGISLATURE — REGULAR SESSION
Homeland Security and Public Safety - HBi838, HBi2478
House Administration - HBi3040
Human Services - HBi342, HBi475, HBi1647, HBi2062, HBi2368,
HBi2392, HBi2409, HBi2866, HBi3170, HBi3541, HBi3803, HBi3991,
HBi4543
Insurance - HBi670, HBi2601, HBi2893, HBi3064, HBi3984
International Relations and Economic Development - HBi2279 (corrected)
Judiciary and Civil Jurisprudence - HBi1359, HBi1737, HBi2247,
HBi2782, HBi3081, HBi3305, HBi4085, HBi4441, HBi4633, HBi4716, SBi41,
SBi230, SBi416, SBi489, SBi667
Public Education - HBi307, HBi662, HBi1416, HBi2609, HBi2621,
HBi3000, HBi3008, HBi3026, HBi3155, HBi3452, HBi3683, HBi3861,
HBi4131, HBi4324, HBi4414
Public Health - HBi562, HBi1782, HBi2057, HBi2108, HBi2250,
HBi2410, HBi2618, HBi2783, HBi3017, HBi3284, HBi3285, HBi3304,
HBi3538, HBi3703, HBi4097, HBi4455, SBi932, SBi1238, SBi1283, SBi2200
State Affairs - HBi318, HBi4132, SBi494, SBi944, SBi988, SBi1358
Transportation - HBi737, HBi1951
Urban Affairs - HBi4744
Ways and Means - HBi948, HBi983, HBi1201, HBi2257, HBi2770,
HBi2993, HBi3356, HBi3823, HBi3844, HBi4152, HBi4158, HBi4228,
HBi4367, HJRi139
ENGROSSED
April 30 - HBi63, HBi70, HBi808, HBi823, HBi914, HBi985, HBi1111,
HBi1139, HBi1307, HBi1542, HBi1543, HBi1619, HBi1806, HBi1865,
HBi2100, HBi2169, HBi2188, HBi2282, HBi2387, HBi2439, HBi2611,
HBi2623, HBi2668, HBi2730, HBi2845, HBi2899, HBi3006, HBi3106,
HBi3143, HBi3224, HBi3842, HBi4429
ENROLLED
April 30 - HCRi155
RECOMMENDATIONS FILED WITH THE SPEAKER
April 30 - HBi4662, HBi4667, HBi4668, HBi4669, HBi4670, HBi4671,
HBi4672, HBi4673, HBi4674, HBi4675, HBi4676, HBi4677, HBi4678,
HBi4679, HBi4685, HBi4686, HBi4687, HBi4688