Monday, May 8, 2017-52nd Day - Senate Journal Online

SENATE JOURNALEIGHTY-FIFTH LEGISLATURE— REGULAR SESSION

AUSTIN, TEXAS

PROCEEDINGS

FIFTY-SECOND DAY

(Monday, May 8, 2017)

The Senate met at 11:00 a.m. pursuant to adjournment and was called to order bySenator Huffman.

The roll was called and the following Senators were present:iiBettencourt,Birdwell, Buckingham, Burton, Campbell, Creighton, Estes, Garcia, Hall, Hancock,Hinojosa, Huffines, Huffman, Hughes, Kolkhorst, Lucio, Menendez, Miles, Nelson,Nichols, Perry, Rodrıguez, Schwertner, Seliger, Taylor of Galveston, Taylor of Collin,Uresti, Watson, West, Whitmire, Zaffirini.

The Presiding Officer announced that a quorum of the Senate was present.

Pastor Robert Posner, Collin Creek Church, Wylie, was introduced by SenatorTaylor of Collin and offered the invocation as follows:

Heavenly Father, for as high as the heavens are above the Earth, sogreat is Your faithful love toward those who fear You. As far as the East isfrom the West, so far have You removed our transgressions from us. As afather has compassion on his children, so You, Lord, have compassion onthose who fear You. For You know what we are made of, remember that weare dust. (Psalms 103:11-14) Because You are who You are as God and weare who we are as humans, I pray that each of these leaders would humblethemselves before You and acknowledge they need You, Your wisdom, andguidance. Thank You, Father, for these leaders, their sacrifices and serviceto the people of Texas. May You bless them and their families. Father, Youhave given each of us life, liberty, and love. So, I pray, please help theseleaders to use these gifts to honor You, to help others, and to create a betterstate, nation, and world. There are big issues that divide us at times. Father,please help us to see the bigger issues that unite us for the good of all. Ipray for all these leaders, in Jesus ’name. Amen.

Senator Whitmire moved that the reading of the Journal of the proceedings of theprevious day be dispensed with and the Journal be approved as printed.

The motion prevailed without objection.

MESSAGE FROM THE HOUSE

HOUSE CHAMBERAustin, Texas

Monday, May 8, 2017 - 1

The Honorable President of the SenateSenate ChamberAustin, Texas

Mr. President:

I am directed by the house to inform the senate that the house has taken the followingaction:

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

HB 25 SimmonsRelating to the elimination of straight-party voting.

HB 45 FlynnRelating to requiring the Texas Supreme Court to adopt rules and provide judicialinstruction regarding the application of foreign laws in certain family law cases.

HB 117 WhiteRelating to ethyl alcohol monitoring as a condition of community supervision forcertain intoxication offenses; authorizing the imposition of costs.

HB 168 Lucio IIIRelating to creating a voluntary program to recognize licensed before-school andafter-school programs that promote healthy eating and physical activity.

HB 337 CollierRelating to the continuation of certain public benefits, including medical assistancebenefits, for individuals after release from confinement in a county jail.

HB 362 MoodyRelating to the procedure for rearrest and adjustment of the bond amount in certaincriminal cases.

HB 550 GuillenRelating to sound-producing devices on vessels.

HB 553 WhiteRelating to the creation of a task force to identify opportunities for academic creditand industry recognition for inmates of the Texas Department of Criminal Justice.

HB 557 CollierRelating to the expunction of arrest records and files for certain persons who are triedfor an offense and subsequently acquitted; authorizing a fee.

HB 590 BohacRelating to the liability of first responders who provide roadside assistance.

1692 85th Legislature — Regular Session 52nd Day

HB 639 Anderson, Charles "Doc"Relating to authorizing the purchase of certain insurance coverage by public schoolsfor the benefit of businesses and students participating in career and technologyprograms and providing for immunity from liability of certain public school studentsparticipating in career and technology programs.

HB 715 WuRelating to the occurrence on certain premises of certain activities that may constitutea common nuisance.

HB 785 RaneyRelating to the provision of embryo donation information.

HB 972 GiddingsRelating to the assignment of a public school student to an uncertified teacher.

HB 998 AlvaradoRelating to the confidentiality of certain information stored as part of the preparationof campaign finance reports required to be filed with the clerk of certain counties ormunicipalities.

HB 1036 Thompson, SenfroniaRelating to coverage for certain breast cancer screening procedures under certainhealth benefit plans.

HB 1055 BurkettRelating to a limitation on the amount of certain licensing fees charged by stateagencies.

HB 1066 Thompson, SenfroniaRelating to the collection of certain judgments through court proceeding.

HB 1075 Thompson, EdRelating to the frequency of criminal background checks for sports officials registeredwith the University Interscholastic League.

HB 1174 Hinojosa, GinaRelating to indicators of achievement under the public school accountability system.

HB 1216 DeshotelRelating to disclosure regarding the existence of a gestational agreement in a suit forthe dissolution of a marriage and standing of an intended parent under a gestationalagreement to file a suit affecting the parent-child relationship.

HB 1217 ParkerRelating to appointment of and performance of notarial acts by an online notarypublic and online acknowledgment and proof of written instruments; authorizing a feeand creating a criminal offense.

HB 1249 GoldmanRelating to a prohibition of certain motor vehicles resembling emergency medicalservices vehicles; creating a criminal offense.

Monday, May 8, 2017 SENATE JOURNAL 1693

HB 1290 RobertsRelating to the required repeal of a state agency rule before adoption of a new stateagency rule.

HB 1291 GerenRelating to the inclusion of American principles in the public school curriculum andinstructional materials.

HB 1298 FrulloRelating to the definition of commercial property insurance for purposes of certainprovisions governing insurance rates and policy forms.

HB 1463 SmitheeRelating to procedures for actions alleging failure to comply with certain standards toaccommodate persons with disabilities.

HB 1472 CapriglioneRelating to investment by a public junior college district of public funds receivedfrom the management and development of mineral rights.

HB 1507 GiddingsRelating to the rights of certain defendants who successfully complete a term ofcommunity supervision.

HB 1515 ElkinsRelating to the expiration of the dry cleaner environmental response program.

HB 1522 WhiteRelating to a task force to coordinate and make recommendations on parentengagement and education programs provided by state agencies.

HB 1549 BurkettRelating to the provision of services by the Department of Family and ProtectiveServices, including child protective services and prevention and early interventionservices.

HB 1605 BlancoRelating to the powers and duties of the Department of Information Resourcesregarding cybersecurity.

HB 1630 DaleRelating to the approval of expenditures for the Texas Military Department.

HB 1693 DeanRelating to documentation for a motor vehicle title.

HB 1730 CyrierRelating to certification of the state ’s primary standards of weights and measures.HB 1744 MurrRelating to the payment of certain costs associated with certain assignments of astatutory probate court judge.

HB 1774 Bonnen, GregRelating to actions on and liability associated with certain insurance claims.


HB 1784 FairclothRelating to the period during which an action alleging a violation of the openmeetings law may be brought.

HB 1819 SpringerRelating to the criminal consequences of engaging in certain conduct with respect to afirearm silencer.

HB 1866 GerenRelating to compensation and restitution to crime victims and the disposition ofunclaimed restitution payments; providing for an administrative penalty; authorizing afee.

HB 1877 MurrRelating to a penalty for independent executors who misrepresent in an affidavit inlieu of the inventory, appraisement, and list of claims that certain beneficiariesreceived the inventory and appraisement.

HB 1884 Anderson, Charles "Doc"Relating to the penalties for certain littering offenses.

HB 1891 NevarezRelating to a documented member of the Kickapoo Traditional Tribe of Texas huntingcertain deer.

HB 1944 MurphyRelating to captive insurance companies.

HB 1946 ParkerRelating to the incontestability of certain contracts or leases submitted to the attorneygeneral by certain water districts.

HB 1957 LaubenbergRelating to the treatment of political contributions by a person ’s spouse under theJudicial Campaign Fairness Act.

HB 1986 Martinez, "Mando"Relating to the creation of regional transit authorities; granting the power of eminentdomain; providing authority to issue bonds and charge fees; creating a criminaloffense.

HB 1988 LarsonRelating to the use of emergency engine cutoff switches on motorboats.

HB 1999 IsraelRelating to a violation regarding the purchase, possession, or consumption ofalcoholic beverages by a minor or the misrepresentation of age by a minor;authorizing a civil penalty; creating a criminal offense.

HB 2004 Anderson, Charles "Doc"Relating to the Texas economic development fund for the Department of Agriculture.

HB 2008 CosperRelating to deferred presentment transactions made to military borrowers.


HB 2068 PhillipsRelating to the repeal of the driver responsibility program and the amount andallocation of state traffic fine funds; authorizing and increasing criminal fines.

HB 2079 HunterRelating to the promotion of tourism related to the musical heritage of this state.

HB 2119 KacalRelating to workers ’compensation death benefit eligibility for certain spouses of firstresponders killed in the line of duty.

HB 2223 GiddingsRelating to developmental coursework offered by public institutions of highereducation under the Texas Success Initiative.

HB 2262 GoodenRelating to health benefit plan coverage for accelerated refills of certain prescriptioneye drops.

HB 2277 DarbyRelating to the temporary exemption or tax reduction for certain high-cost gas.

HB 2285 Thompson, EdRelating to the establishment of the Texas Institute for Coastal Prairie Research andEducation at the University of Houston.

HB 2305 GuillenRelating to the operations, reports, records, communications, information technology,and notice procedures of state agencies and to the electronic publication of certainstate legal materials.

HB 2306 GuillenRelating to the use of auction proceeds from the sale of certain abandoned motorvehicles to reimburse law enforcement agencies for compensation paid to certainproperty owners.

HB 2359 OrtegaRelating to common nuisances.

HB 2373 MillerRelating to the period for filing a claim for reimbursement for certain ancillaryservices under the Medicaid program.

HB 2409 RaneyRelating to wage requirements for community rehabilitation programs participating inthe purchasing from people with disabilities program.

HB 2425 PriceRelating to a requirement that a hospital allow a patient to designate a caregiver toreceive aftercare instruction regarding the patient.

HB 2463 PriceRelating to requiring state agencies to develop written succession plans.


HB 2466 Davis, SarahRelating to coverage for certain services related to maternal depression under theMedicaid and child health plan programs.

HB 2486 StuckyRelating to restoration of the position of public employees when relieved of duty fromthe Texas military forces or a similar unit.

HB 2492 FrulloRelating to domestic surplus lines insurers; authorizing and imposing a tax.

HB 2508 KuempelRelating to the licensing and regulation of tow truck companies, tow truck operators,vehicle storage facilities, and vehicle storage facility employees, the regulation ofparking facilities and parking facility owners, and the elimination of required statelicensing for vehicle booting companies and operators.

HB 2662 LandgrafRelating to the Texas Low-Level Radioactive Waste Disposal Compact waste disposalfacility.

HB 2770 SmitheeRelating to the declaration of a common nuisance involving a computer network orweb address.

HB 2776 SmitheeRelating to the right of certain appellants to supersede a judgment or order on appeal.

HB 2832 OliveiraRelating to notice by a property owner to a mortgage servicer that the owner intendsto enter into a contract with a property tax lender.

HB 2880 DuttonRelating to the criminal punishment for the threatened exhibition or use of a firearm inor on school property or on a school bus.

HB 2888 Romero, Jr.Relating to an inmate ’s completion of classes or programs before being released onparole.

HB 2993 PhillipsRelating to the public transportation advisory committee.

HB 3019 BurkettRelating to the prosecution for the offense of injury to a child, elderly individual, ordisabled individual.

HB 3056 MeyerRelating to the participation in the Texas Municipal Retirement System of certainemployees of certain municipalities subject to the Texas Local Fire FightersRetirement Act.

HB 3078 Thompson, SenfroniaRelating to transfer of the regulation of podiatry to the Texas Department of Licensingand Regulation; authorizing a reduction in fees.


HB 3124 GoodenRelating to certain physician-specific comparison data compiled by a health benefitplan issuer, including the release of that data to physicians participating in certainphysician-led organizations.

HB 3125 KuempelRelating to charitable raffles conducted by the charitable foundations of certainprofessional sports teams.

HB 3131 Martinez, "Mando"Relating to the disposal of certain motor vehicles to a motor vehicle demolisher;increasing a fee.

HB 3151 SheffieldRelating to demonstration projects to coordinate eligibility renewal and eligibilityrecertification for certain children in the Medicaid and child health plan programs.

HB 3166 Lucio IIIRelating to the consideration of modeled sustainable groundwater pumping in theadoption of desired future conditions in groundwater conservation districts.

HB 3189 Bonnen, DennisRelating to the reporting of and access to information related to court-orderedprescription drug substance abuse treatment; providing a criminal penalty.

HB 3223 GoldmanRelating to liability for the sale or transfer of law enforcement vehicles before removalof certain equipment and insignia; providing civil penalties.

HB 3227 King, Tracy O.Relating to the administration and enforcement of produce safety standards by theDepartment of Agriculture; authorizing an administrative penalty.

HB 3232 DarbyRelating to the penalty imposed on certain delinquent oil and gas severance taxes.

HB 3304 King, KenRelating to health benefit plan coverage for ovarian cancer testing and screening.

HB 3305 LarsonRelating to restrictions on certain contributions by persons appointed to public officeby the governor; creating a criminal offense.

HB 3306 KuempelRelating to the regulation of motor vehicle towing, booting, and storage and to theelimination of required state licensing for vehicle booting companies and operators.

HB 3356 King, Tracy O.Relating to privacy of certain structured settlement information.

HB 3442 CookRelating to the Fairfield Hospital District.

HB 3488 Hinojosa, GinaRelating to authorizing public benefit corporations.


HB 3649 HerreroRelating to confidential communications of victims of certain family violenceoffenses.

HB 3781 PhelanRelating to the uses of the lifetime license endowment account by the Parks andWildlife Department.

HB 3969 King, KenRelating to a study regarding the feasibility of implementing a central filing systemfor the filing of financing statements for agricultural liens.

HB 4032 PhillipsRelating to annual limitations on the reimbursement of expenses incurred by districtcourt reporters.

HB 4052 MurphyRelating to the exemption of certain services performed by certain employees fromthe sales and use tax.

HB 4102 NeaveRelating to establishing and funding a grant program for testing evidence collected inrelation to sexual assaults or other sex offenses; authorizing voluntary contributions.

HB 4180 ColemanRelating to issues affecting counties and certain other governmental entities andresidents.

HCR 106 DeshotelUrging Congress to provide sufficient federal funding for the construction of a stormsurge barrier along the Texas coast.

HCR 137 KlickCommemorating the 25th anniversary of the unconventional ratification of the 27thAmendment to the United States Constitution.

HJR 100 KuempelProposing a constitutional amendment on professional sports team charitablefoundations conducting charitable raffles.

SB 24 Huffman Sponsor: GerenRelating to a privilege from disclosure to governmental units for certain evidenceconcerning sermons delivered by a religious leader.

SB 256 Taylor, Van Sponsor: HunterRelating to the confidentiality of home address information of certain victims offamily violence, sexual assault or abuse, stalking, or trafficking of persons.

SB 561 Hancock Sponsor: SmitheeRelating to the identification and handling of unclaimed life insurance and annuitycontract proceeds.

SB 1459 Hinojosa S p o n s o r : M a r t i n e z ,"Mando"

Relating to incentives to encourage landowners to destroy, remove, or treat citrus treeslocated in a pest management zone.


SB 1533 Rodrıguez Sponsor: MoodyRelating to mental health first aid training for university employees.

SB 1871 Zaffirini Sponsor: RaymondRelating to the creation of the offense of theft of petroleum products.

SB 1955 Hughes Sponsor: WrayRelating to expunction of a notice of lis pendens.

SB 1976 Whitmire Sponsor: PaddieRelating to benefit programs provided by retail electric providers and certificatedtelecommunications utilities for low-income customers.

SB 2105 Miles Sponsor: Johnson, JarvisRelating to the requirement that the Texas Workforce Commission provide certainemployment information for secondary school students.

SJR 60 Hancock Sponsor: ParkerProposing a constitutional amendment establishing a lower amount for expenses thatcan be charged to a borrower and removing certain financing expense limitations for ahome equity loan, establishing certain authorized lenders to make a home equity loan,changing certain options for the refinancing of home equity loans, changing thethreshold for an advance of a home equity line of credit, and allowing home equityloans on agricultural homesteads.

THE HOUSE HAS CONCURRED IN THE SENATE AMENDMENTS TO THEFOLLOWING MEASURES:

HB 1982 (143 Yeas, 0 Nays, 2 Present, not voting)

Respectfully,

/s/Robert Haney, Chief ClerkHouse of Representatives

INTRODUCTION OFBILLS AND RESOLUTIONS POSTPONED

The Presiding Officer announced that the introduction of bills and resolutions onfirst reading would be postponed until the end of today ’s session.

There was no objection.

CONCLUSION OF MORNING CALL

The Presiding Officer at 11:17 a.m. announced the conclusion of morning call.

COMMITTEEiiSUBSTITUTESENATE BILL 1886 ON SECOND READING

On motion of Senator Bettencourt and by unanimous consent, the regular orderof business was suspended to take up for consideration CSSBi1886 at this time on itssecond reading:

CSSBi1886, Relating to the oversight of public education, including the creationof the office of inspector general at the Texas Education Agency.


The bill was read second time and was passed to engrossment by a viva vocevote.

All Members are deemed to have voted "Yea" on the passage to engrossment.

COMMITTEEiiSUBSTITUTESENATE BILL 1886 ON THIRD READING

Senator Bettencourt moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that CSSBi1886 beplaced on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi31, Naysi0.

The bill was read third time and was passed by the following vote:iiYeasi31,Naysi0.

HOUSE BILL 1140 ON SECOND READING

Senator Hinojosa moved to suspend the regular order of business to take up forconsideration HBi1140 at this time on its second reading:

HB 1140, Relating to the allocation categories for state funding of publictransportation.

The motion prevailed.

Senator Burton asked to be recorded as voting "Nay" on suspension of theregular order of business.

The bill was read second time and was passed to third reading by a viva vocevote.

All Members are deemed to have voted "Yea" on the passage to third readingexcept as follows:

Nays:iiBurton.

HOUSE BILL 1140 ON THIRD READING

Senator Hinojosa moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that HBi1140 beplaced on its third reading and final passage.


Nays:iiBurton.

The bill was read third time and was passed by the following vote:iiYeasi30,Naysi1.ii(Same as previous roll call)

SENATE BILL 631 ON SECOND READING

On motion of Senator Buckingham and by unanimous consent, the regular orderof business was suspended to take up for consideration SB 631 at this time on itssecond reading:

SB 631, Relating to venue for the disposition of stolen property.

The bill was read second time.


Senator Buckingham offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 631 (senate committee report) as follows:(1)iiStrike the recital to SECTION 1 of the bill (page 1, lines 21 and 22), and

substitute the following:Article 47.01a, Code of Criminal Procedure, is amended by amending Subsections (a)and (d) and adding Subsection (e) to read as follows:

(2)iiIn SECTION 1 of the bill, following amended Article 47.01a(d), Code ofCriminal Procedure (page 1, between lines 52 and 53), insert the following:

(e)iiThe person who has the superior right to possession of the property, asdetermined in a hearing under Subsection (a), is responsible for any transportationnecessary to deliver the property to the person as ordered under that subsection.

(3)iiStrike the recital to SECTION 2 of the bill (page 1, lines 53 and 54), andsubstitute the following:Article 47.02, Code of Criminal Procedure, is amended by amending Subsection (b)and adding Subsection (c) to read as follows:

(4)iiIn SECTION 2 of the bill, following amended Article 47.02(b), Code ofCriminal Procedure (page 2, between lines 5 and 6), insert the following:

(c)iiThe owner of the property is responsible for any transportation necessary torestore the property to the owner as ordered under this article.

The amendment to SB 631 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of FloorAmendment No. 1.

SB 631 as amended was passed to engrossment by a viva voce vote.


SENATE BILL 631 ON THIRD READING

Senator Buckingham moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that SBi631 beplaced on its third reading and final passage.



GUESTS PRESENTED

Senator Campbell was recognized and introduced to the Senate Honorary SenatePages Trent Warwick, Taylor Schmidt, and Andrea Mosher and their families.

The Senate welcomed its guests.


On motion of Senator Hughes and by unanimous consent, the regular order ofbusiness was suspended to take up for consideration HBi1995 at this time on itssecond reading:


HB 1995, Relating to the Texas Uniform Trade Secrets Act.


All Members are deemed to have voted "Yea" on the passage to third reading.


Senator Hughes moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that HBi1995 beplaced on its third reading and final passage.




Senator Estes moved to suspend the regular order of business to take up forconsideration HBi890 at this time on its second reading:

HB 890, Relating to providing information to the public and to purchasers of realproperty regarding the impact of military installations.


Senators Burton and Hughes asked to be recorded as voting "Nay" on suspensionof the regular order of business.


All Members are deemed to have voted "Yea" on the passage to third readingexcept as follows:

Nays:iiBurton, Hughes.


Senator Estes moved that Senate Rule 7.18 and the Constitutional Rule requiringbills to be read on three several days be suspended and that HBi890 be placed on itsthird reading and final passage.


Yeas:iiBettencourt, Birdwell, Buckingham, Campbell, Creighton, Estes, Garcia,Hall, Hancock, Hinojosa, Huffines, Huffman, Kolkhorst, Lucio, Menendez, Miles,Nelson, Nichols, Perry, Rodrıguez, Schwertner, Seliger, Taylor of Galveston, Taylorof Collin, Uresti, Watson, West, Whitmire, Zaffirini.

Nays:iiBurton, Hughes.

The bill was read third time and was passed by the following vote:iiYeasi29,Naysi2. (Same as previous roll call)


PHYSICIAN OF THE DAY

Senator Zaffirini was recognized and presented Dr. Horacio Ramirez ofHebbronville as the Physician of the Day.

The Senate welcomed Dr. Ramirez and thanked him for his participation in thePhysician of the Day program sponsored by the Texas Academy of FamilyPhysicians.


Senator Schwertner moved to suspend the regular order of business to take up forconsideration SBi1067 at this time on its second reading:

SB 1067, Relating to the dissolution of the Chisholm Trail Special UtilityDistrict.


Senator Buckingham asked to be recorded as voting "Nay" on suspension of theregular order of business.


All Members are deemed to have voted "Yea" on the passage to engrossmentexcept as follows:

Nays:iiBuckingham.


Senator Schwertner moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that SBi1067 beplaced on its third reading and final passage.


Nays:iiBuckingham.



Senator Zaffirini moved to suspend the regular order of business to take up forconsideration CSSBi255 at this time on its second reading:

CSSB 255, Relating to training for governmental entities and vendors, includingpurchasing and contract management training; authorizing fees.


Senators Bettencourt, Hall, and Taylor of Collin asked to be recorded as voting"Nay" on suspension of the regular order of business.




Nays:iiBettencourt, Hall, Taylor of Collin.


Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that CSSBi255 beplaced on its third reading and final passage.


Yeas:iiBirdwell, Buckingham, Burton, Campbell, Creighton, Estes, Garcia,Hancock, Hinojosa, Huffines, Huffman, Hughes, Kolkhorst, Lucio, Menendez, Miles,Nelson, Nichols, Perry, Rodrıguez, Schwertner, Seliger, Taylor of Galveston, Uresti,Watson, West, Whitmire, Zaffirini.

Nays:iiBettencourt, Hall, Taylor of Collin.



On motion of Senator Schwertner and by unanimous consent, the regular orderof business was suspended to take up for consideration SBi1980 at this time on itssecond reading:

SB 1980, Relating to performance bonds for certain public improvements incertain municipalities.




Senator Schwertner moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that SBi1980 beplaced on its third reading and final passage.




Senator Watson moved to suspend the regular order of business to take up forconsideration SBi1656 at this time on its second reading:

SB 1656, Relating to the eligibility of certain municipalities to establishhomestead preservation districts and reinvestment zones.



Yeas:iiBettencourt, Birdwell, Buckingham, Campbell, Estes, Garcia, Hinojosa,Huffman, Hughes, Kolkhorst, Lucio, Menendez, Miles, Nelson, Nichols, Perry,Rodrıguez, Seliger, Taylor of Galveston, Uresti, Watson, West, Whitmire, Zaffirini.

Nays:iiBurton, Creighton, Hall, Hancock, Huffines, Schwertner, Taylor ofCollin.

The bill was read second time and was passed to engrossment by the followingvote:iiYeasi24, Naysi7.ii(Same as previous roll call)


Senator Watson moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that SBi1656 beplaced on its third reading and final passage.


Yeas:iiBettencourt, Birdwell, Buckingham, Campbell, Estes, Garcia, Hinojosa,Huffman, Hughes, Kolkhorst, Lucio, Menendez, Miles, Nelson, Nichols, Perry,Rodrıguez, Schwertner, Seliger, Taylor of Galveston, Uresti, Watson, West, Whitmire,Zaffirini.

Nays:iiBurton, Creighton, Hall, Hancock, Huffines, Taylor of Collin.


Yeas:iiBettencourt, Birdwell, Buckingham, Campbell, Estes, Garcia, Hinojosa,Huffman, Hughes, Kolkhorst, Lucio, Menendez, Miles, Nelson, Nichols, Perry,Rodrıguez, Seliger, Taylor of Galveston, Uresti, Watson, West, Whitmire, Zaffirini.

Nays:iiBurton, Creighton, Hall, Hancock, Huffines, Schwertner, Taylor ofCollin.


Senator Buckingham moved to suspend the regular order of business to take upfor consideration SBi2243 at this time on its second reading:

SB 2243, Relating to the powers and duties and election of the board of directorsof the West Travis County Municipal Utility District No. 3.


Senator Huffines asked to be recorded as "Present-not voting" on suspension ofthe regular order of business.



Present-not voting:iiHuffines.



Senator Buckingham moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that SBi2243 beplaced on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi30, Naysi0, Present-notvotingi1.


The bill was read third time and was passed by the following vote:iiYeasi30,Naysi0, Present-not votingi1.ii(Same as previous roll call)



CSSB 965, Relating to the authority of certain counties to designate a countywater recreation safety zone along certain rivers; authorizing a fee.


Yeas:iiBirdwell, Buckingham, Campbell, Creighton, Estes, Garcia, Hinojosa,Huffman, Hughes, Kolkhorst, Lucio, Menendez, Miles, Nelson, Rodrıguez,Schwertner, Seliger, Taylor of Galveston, Uresti, Watson, West, Whitmire, Zaffirini.

Nays:iiBettencourt, Burton, Hall, Hancock, Huffines, Nichols, Perry, Taylor ofCollin.


Senator Zaffirini offered the following amendment to the bill:


Amend CSSB 965 (senate committee report), in SECTION 1 of the bill, asfollows:

(1)iiStrike added Section 328.001, Local Government Code (page 1, lines 28through 32), and substitute the following:

Sec.i328.001.iiAPPLICABILITY. This chapter applies only to a county thatborders or includes all or part of a river with headwaters located on the campus of aninstitution of the Texas State University System.

(2)iiIn added Section 328.021, Local Government Code (page 1, line 44),between "ZONE." and "The", insert "(a)".

(3)iiFollowing added Section 328.021, Local Government Code (page 1,between lines 48 and 49), insert the following:

(b)iiThe commissioners court of a county may not designate a zone under thissubchapter unless the commissioners court first complies with the requirements ofSections 328.023, 328.024, 328.025, and 328.026.

(4)iiIn added Section 328.026(a), Local Government Code (page 2, line 24),strike "may" and substitute "shall".


(5)iiIn added Chapter 328, Local Government Code (page 3, between lines 53and 54), add the following appropriately designated subchapter and section:SUBCHAPTER ___. EXPIRATION OFAUTHORITY TO DESIGNATE ZONE

Sec.i328.___.iiEXPIRATION OF AUTHORITY TO DESIGNATE ZONE. Acommissioners court may not designate a zone under this chapter after August 31,2019, if the commissioners court has not designated a zone before that date.

The amendment to CSSB 965 was read and was adopted by a viva voce vote.


CSSB 965 as amended was passed to engrossment by the followingvote:iiYeasi23, Naysi8.






Yeas:iiBettencourt, Birdwell, Buckingham, Campbell, Creighton, Estes, Garcia,Hinojosa, Huffman, Hughes, Kolkhorst, Lucio, Menendez, Miles, Nelson, Rodrıguez,Schwertner, Seliger, Taylor of Galveston, Taylor of Collin, Uresti, Watson, West,Whitmire, Zaffirini.

Nays:iiBurton, Hall, Hancock, Huffines, Nichols, Perry.





Senator Garcia moved to suspend the regular order of business to take up forconsideration CSSBi195 at this time on its second reading:

CSSB 195, Relating to funding under the transportation allotment for publicschool students subject to a high risk of violence while walking to school.



Yeas:iiBuckingham, Campbell, Creighton, Estes, Garcia, Hall, Hinojosa,Huffines, Huffman, Hughes, Lucio, Menendez, Miles, Nichols, Perry, Rodrıguez,Seliger, Taylor of Galveston, Uresti, Watson, West, Whitmire, Zaffirini.

Nays:iiBettencourt, Birdwell, Burton, Hancock, Kolkhorst, Nelson, Schwertner,Taylor of Collin.


Senator Garcia offered the following amendment to the bill:


Amend CSSB 195 (senate committee report) as follows:(1)iiIn SECTION 1 of the bill, in the introductory language (page 1, line 28),

strike "Subsection (d-1)" and substitute "Subsections (d-1) and (d-2)".(2)iiIn SECTION 1 of the bill, strike amended Section 42.155(d), Education

Code (page 1, lines 30-39), and substitute the following:(d)iiA district or county may apply for and on approval of the commissioner

receive an additional amount of up to 10 percent of its regular transportation allotmentto be used for the transportation of children living within two miles of the school theyattend who would be subject to hazardous traffic conditions or a high risk of violenceif they walked to school.

(3)iiIn SECTION 1 of the bill, in added Section 42.155(d-1), Education Code(page 1, line 51), following "area.", insert the following:

Each board of trustees requesting funds for an area presenting a high risk ofviolence must, in addition to the explanation required by this subsection, provide thecommissioner with consolidated law enforcement records that document violentcrimes identified by reporting agencies within the relevant jurisdiction.

(4)iiIn SECTION 1 of the bill, following added Section 42.155(d-1), EducationCode (page 1, between lines 51 and 52), insert the following:

(d-2)iiA district or county may use all or part of any funds received underSubsection (d) to support community walking transportation programs, includingwalking school bus programs, provided that the district or county requires eachsupported program to submit a financial report to the district or county each semesterthat covers services provided by the program for the benefit of the district or county.

(5)iiStrike SECTION 2 of the bill (page 1, lines 52-57) and renumber subsequentSECTIONS of the bill accordingly.

The amendment to CSSB 195 was read.

On motion of Senator Garcia, further consideration of CSSBi195 wastemporarily postponed.

Question:iiShall Floor Amendment No. 1 to CSSBi195 be adopted?


Senator West moved to suspend the regular order of business to take up forconsideration CSSBi2244 at this time on its second reading:


CSSB 2244, Relating to the creation of the University Hills MunicipalManagement District; providing authority to issue bonds; providing authority toimpose assessments or fees.


Senator Hall asked to be recorded as voting "Nay" on suspension of the regularorder of business.

Senator Huffines asked to be recorded as "Present-not voting" on suspension ofthe regular order of business.



Nays:iiHall.



Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiringbills to be read on three several days be suspended and that CSSBi2244 be placed onits third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi1, Present-notvotingi1.

Yeas:iiBettencourt, Birdwell, Buckingham, Burton, Campbell, Creighton, Estes,Garcia, Hancock, Hinojosa, Huffman, Hughes, Kolkhorst, Lucio, Menendez, Miles,Nelson, Nichols, Perry, Rodrıguez, Schwertner, Seliger, Taylor of Galveston, Taylorof Collin, Uresti, Watson, West, Whitmire, Zaffirini.

Nays:iiHall.


The bill was read third time and was passed by the following vote:iiYeasi29,Naysi1, Present-not votingi1. (Same as previous roll call)


The Presiding Officer, Senator Huffman in Chair, laid before the SenateCSSBi195 by Senator Garcia on its second reading. The bill had been read secondtime, an amendment offered, and further consideration postponed:

CSSB 195, Relating to funding under the transportation allotment for publicschool students subject to a high risk of violence while walking to school.

Question:iiShall Floor Amendment No.i1 to CSSB 195 be adopted?

On motion of Senator Garcia, Floor Amendment No.i1 was adopted by a vivavoce vote.




Yeas:iiBuckingham, Campbell, Estes, Garcia, Hall, Hinojosa, Huffines,Huffman, Hughes, Lucio, Menendez, Miles, Nichols, Perry, Rodrıguez, Seliger,Taylor of Galveston, Uresti, Watson, West, Whitmire, Zaffirini.

Nays:iiBettencourt, Birdwell, Burton, Creighton, Hancock, Kolkhorst, Nelson,Schwertner, Taylor of Collin.

(President Pro Tempore Seliger in Chair)

SENATE RULES SUSPENDED(Posting Rules)

On motion of Senator Huffman and by unanimous consent, Senate Rule 11.10(a)and Senate Rule 11.18(a) were suspended in order that the Committee on State Affairsmight meet at her desk today.


Senator Garcia moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that CSSBi195 beplaced on its third reading and final passage:

CSSBi195, Relating to funding under the transportation allotment for publicschool students subject to a high risk of violence while walking to school.


Yeas:iiBettencourt, Buckingham, Campbell, Creighton, Estes, Garcia, Hall,Hinojosa, Huffines, Huffman, Hughes, Lucio, Menendez, Miles, Nichols, Perry,Rodrıguez, Seliger, Taylor of Galveston, Taylor of Collin, Uresti, Watson, West,Whitmire, Zaffirini.

Nays:iiBirdwell, Burton, Hancock, Kolkhorst, Nelson, Schwertner.


Yeas:iiBuckingham, Campbell, Estes, Garcia, Hall, Hinojosa, Huffines,Huffman, Hughes, Lucio, Menendez, Miles, Nichols, Perry, Rodrıguez, Seliger,Taylor of Galveston, Uresti, Watson, West, Whitmire, Zaffirini.

Nays:iiBettencourt, Birdwell, Burton, Creighton, Hancock, Kolkhorst, Nelson,Schwertner, Taylor of Collin.

STATEMENT OF LEGISLATIVE INTENT

Senator Garcia submitted the following statement of legislative intent forCSSBi195:


There are neighborhoods in Texas in which children are subjected to violence as theywalk to and from school. Some children have been assaulted, robbed, and even killed.This fact should not be a reality for our children. No child should be scared to walk toand from school because of the dangers he or she may face.I recognize that some schools do not have the resources to provide bus services forevery single child that walks through such conditions.S.B. 195 addresses this issue and extends the current statute that allows districts orcounties to apply for up to an additional ten percent of its regular transportationallotment used to transport children through hazardous areas to include areas of highrisk of violence.I have found that some neighborhoods have resorted to use safe passage programs orwalking school buses in cases where the school may not be able to provide additionalbus transportation. Therefore, the intention of the bill is to also allow the district orcounty that qualifies for the ten percent the flexibility to fund walking transportationsuch as safe passage programs. It is not required or incentivized for schools to fundsafe passage programs, but simply adds the option as a transportation service, inaddition to the traditional vehicular transportation options, for districts and countiesthat receive the ten percent.Every neighborhood is unique in the manner in which children may get to and fromschool based on many contributing factors. Safe passage programs work for someneighborhoods and may not for others, but it is a transportation service that is worthconsidering, if needed, based on the district or county ’s need.This bill ensures that funds remain used for transportation services. In fact, the safepassage programs that receive any funds out of the ten percent given to qualifieddistricts or counties will be required to submit financial reports to account for the useof the transportation funds.This bill seeks to keep children that walk through violent areas to get to and fromschool safe.

GARCIA

RECESS

On motion of Senator Huffman, the Senate at 12:48 p.m. recessed until 1:30 p.m.today.

AFTER RECESS

The Senate met at 1:47 p.m. and was called to order by President Pro TemporeSeliger.

GUEST PRESENTED

Senator Lucio was recognized and introduced to the Senate Marvin P. BakerMiddle School Principal Rose E. Longoria, H-E-B Excellence in Education LifetimeAchievement Award finalist.

The Senate welcomed its guest.



Senator Estes moved to suspend the regular order of business to take up forconsideration CSSBi1514 at this time on its second reading:

CSSB 1514, Relating to the eligibility of land to continue to be appraised for advalorem tax purposes as qualified open-space land if the land begins to be used for oiland gas operations.


Senators Garcia, Seliger, Uresti, and Watson asked to be recorded as voting"Nay" on suspension of the regular order of business.


Senator Estes offered the following amendment to the bill:


Amend CSSB 1514 (senate committee report) in SECTION 1 of the bill, inadded Section 23.524, Tax Code (page 1, line 36), by striking "if the land" andsubstituting "if the portion of the land on which oil and gas operations are not beingconducted".



CSSB 1514 as amended was passed to engrossment by a viva voce vote.


Nays:iiGarcia, Seliger, Uresti, Watson.


Senator Estes moved that Senate Rule 7.18 and the Constitutional Rule requiringbills to be read on three several days be suspended and that CSSBi1514 be placed onits third reading and final passage.


Yeas:iiBettencourt, Birdwell, Buckingham, Burton, Campbell, Creighton, Estes,Hall, Hancock, Hinojosa, Huffines, Huffman, Hughes, Kolkhorst, Lucio, Menendez,Miles, Nelson, Nichols, Perry, Rodrıguez, Schwertner, Taylor of Galveston, Taylor ofCollin, West, Whitmire, Zaffirini.




COMMITTEEiiSUBSTITUTESENATE JOINT RESOLUTION 51 ON SECOND READING

Senator Estes moved to suspend the regular order of business to take up forconsideration CSSJRi51 at this time on its second reading:

CSSJR 51, Proposing a constitutional amendment authorizing the legislature toprovide that the eligibility of open-space land for ad valorem taxation on the basis ofits productive capacity does not end because an oil and gas lessee begins conductingoil and gas operations on the land if the land otherwise continues to be devoted tofarm, ranch, or wildlife management purposes or timber production.


Senators Garcia, Seliger, Uresti, Watson, and Zaffirini asked to be recorded asvoting "Nay" on suspension of the regular order of business.

The resolution was read second time.

Senator Estes offered the following amendment to the resolution:


Amend CSSJR 51 (senate committee report) in SECTION 1 of the jointresolution, in amended Section 1-d-1(a), Article VIII, Texas Constitution (page 1,lines 46 and 47), by striking "if the land" and substituting "if the portion of the land onwhich oil and gas operations are not being conducted".

The amendment to CSSJR 51 was read and was adopted by a viva voce vote.


CSSJR 51 as amended was passed to engrossment by the followingvote:iiYeasi27, Naysi4.



COMMITTEEiiSUBSTITUTESENATE JOINT RESOLUTION 51 ON THIRD READING

Senator Estes moved that Senate Rule 7.18 and the Constitutional Rule requiringbills to be read on three several days be suspended and that CSSJRi51 be placed onits third reading and final passage.





The resolution was read third time and was passed by the followingvote:iiYeasi27, Naysi4. (Same as previous roll call)


Senator Hall moved to suspend the regular order of business to take up forconsideration CSSB 2094 at this time on its second reading:

CSSB 2094, Relating to establishment of the immigration authority delegationtraining grant program for local law enforcement agencies.


Yeas:iiBettencourt, Birdwell, Buckingham, Burton, Campbell, Creighton, Estes,Hall, Hancock, Huffines, Huffman, Hughes, Kolkhorst, Nelson, Nichols, Perry,Schwertner, Seliger, Taylor of Galveston, Taylor of Collin.

Nays:iiGarcia, Hinojosa, Lucio, Menendez, Miles, Rodrıguez, Uresti, Watson,West, Whitmire, Zaffirini.


Senator Rodrıguez offered the following amendment to the bill:


Amend CSSB 2094 (senate committee printing) in SECTION 1 of the bill,immediately after added Section 424.003, Government Code (page 2, between lines 8and 9), by inserting the following appropriately numbered section:

Sec. 424.___. EFFECT OF CIVIL RIGHTS VIOLATION. (a) The office of thegovernor shall revoke a grant under the grant program established under this chapter ifthe local law enforcement agency is found liable in the final adjudication of a civilrights action related to the agency ’s participation in the program.

(b)iiA local law enforcement agency described by Subsection (a) is ineligible toapply for a subsequent grant under the grant program established under this chapter.

The amendment to CSSB 2094 was read and failed of adoption by the followingvote:iiYeasi11, Naysi20.

Yeas:iiGarcia, Hinojosa, Lucio, Menendez, Miles, Rodrıguez, Uresti, Watson,West, Whitmire, Zaffirini.

Nays:iiBettencourt, Birdwell, Buckingham, Burton, Campbell, Creighton, Estes,Hall, Hancock, Huffines, Huffman, Hughes, Kolkhorst, Nelson, Nichols, Perry,Schwertner, Seliger, Taylor of Galveston, Taylor of Collin.

CSSB 2094 was passed to engrossment by the following vote:iiYeasi20,Naysi11.




(President in Chair)


Senator Hughes moved to suspend the regular order of business to take up forconsideration SBi1942 at this time on its second reading:

SB 1942, Relating to the transportation or storage of a handgun or other firearmor ammunition by a license holder in a motor vehicle in a parking area of a primary orsecondary school.


Yeas:iiBettencourt, Birdwell, Buckingham, Burton, Campbell, Creighton, Estes,Hall, Hancock, Hinojosa, Huffines, Huffman, Hughes, Kolkhorst, Nelson, Nichols,Perry, Schwertner, Seliger, Taylor of Galveston, Taylor of Collin, Uresti.

Nays:iiGarcia, Lucio, Menendez, Miles, Rodrıguez, Watson, West, Whitmire,Zaffirini.




Amend SB 1942 (senate committee printing) in SECTION 1 of the bill, in addedSection 411.2033(b), Government Code (page 1, line 39), between "plain view" andthe underlined period, by inserting "and is stored in a locked container or renderedinoperable by a trigger lock or other means".

The amendment to SB 1942 was read and failed of adoption by the followingvote:iiYeasi10, Naysi21.

Yeas:iiGarcia, Lucio, Menendez, Miles, Rodrıguez, Uresti, Watson, West,Whitmire, Zaffirini.

Nays:iiBettencourt, Birdwell, Buckingham, Burton, Campbell, Creighton, Estes,Hall, Hancock, Hinojosa, Huffines, Huffman, Hughes, Kolkhorst, Nelson, Nichols,Perry, Schwertner, Seliger, Taylor of Galveston, Taylor of Collin.

SB 1942 was passed to engrossment by the following vote:iiYeasi22, Naysi9.




Senator Hughes moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that SBi1942 beplaced on its third reading and final passage.



Yeas:iiBettencourt, Birdwell, Buckingham, Burton, Campbell, Creighton, Estes,Hall, Hancock, Hinojosa, Huffines, Huffman, Hughes, Kolkhorst, Miles, Nelson,Nichols, Perry, Schwertner, Seliger, Taylor of Galveston, Taylor of Collin, Uresti,West, Whitmire.

Nays:iiGarcia, Lucio, Menendez, Rodrıguez, Watson, Zaffirini.





On motion of Senator Hancock and by unanimous consent, the regular order ofbusiness was suspended to take up for consideration HBi3220 at this time on itssecond reading:

HB 3220, Relating to the regulation of insurance holding company systems,including internationally active insurance groups; authorizing a fee.


All Members are deemed to have voted "Yea" on the passage to third reading.


Senator Hancock moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that HBi3220 beplaced on its third reading and final passage.




Senator Huffines moved to suspend the regular order of business to take up forconsideration SBi635 at this time on its second reading:

SB 635, Relating to the award of court costs and attorney ’s fees in certain actionschallenging an order, ordinance, or similar measure of a political subdivision or thefailure of an officer of a political subdivision to perform certain actions.


Senators Garcia, Menendez, Miles, Rodrıguez, Watson, and Zaffirini asked to berecorded as voting "Nay" on suspension of the regular order of business.



Senator Huffines offered the following amendment to the bill:


Amend SB 635 (senate committee printing) immediately after added Section38A.002 by inserting the following:

Sec.i38A.003iAPPLICABILITY.iiThis chapter does not apply to a municipalityor a county with a population of less than 45,000.



SB 635 as amended was passed to engrossment by the following vote:iiYeasi25,Naysi6.

Yeas:iiBettencourt, Birdwell, Buckingham, Burton, Campbell, Creighton, Estes,Hall, Hancock, Hinojosa, Huffines, Huffman, Hughes, Kolkhorst, Lucio, Nelson,Nichols, Perry, Schwertner, Seliger, Taylor of Galveston, Taylor of Collin, Uresti,West, Whitmire.

Nays:iiGarcia, Menendez, Miles, Rodrıguez, Watson, Zaffirini.


Senator Huffines moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that SBi635 beplaced on its third reading and final passage.


Yeas:iiBettencourt, Birdwell, Buckingham, Burton, Campbell, Creighton, Estes,Hall, Hancock, Hinojosa, Huffines, Huffman, Hughes, Kolkhorst, Lucio, Nelson,Nichols, Perry, Schwertner, Seliger, Taylor of Galveston, Taylor of Collin, Uresti,West, Whitmire.

Nays:iiGarcia, Menendez, Miles, Rodrıguez, Watson, Zaffirini.



Senator Seliger moved to suspend the regular order of business to take up forconsideration SBi654 at this time on its second reading:

SB 654, Relating to the participation of an advanced practice registered nurse asa primary care or network provider for certain governmental and other health benefitplans.


Senators Buckingham, Campbell, and Schwertner asked to be recorded as voting"Nay" on suspension of the regular order of business.



Senator Seliger offered the following amendment to the bill:


Amend SB 654 (senate committee printing) by striking SECTION 4 of the bill,adding Section 843.3125, Insurance Code (page 2, lines 20-32), and SECTION 5 ofthe bill, adding Section 1301.0525, Insurance Code (page 2, lines 33-43), andrenumbering SECTIONS of the bill accordingly.



SB 654 as amended was passed to engrossment by a viva voce vote.


Nays:iiBuckingham, Campbell, Schwertner.


Senator Seliger moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that SBi654 beplaced on its third reading and final passage.


Yeas:iiBettencourt, Birdwell, Burton, Creighton, Estes, Garcia, Hall, Hancock,Hinojosa, Huffines, Huffman, Hughes, Kolkhorst, Lucio, Menendez, Miles, Nelson,Nichols, Perry, Rodrıguez, Seliger, Taylor of Galveston, Taylor of Collin, Uresti,Watson, West, Whitmire, Zaffirini.

Nays:iiBuckingham, Campbell, Schwertner.


(Senator Taylor of Galveston in Chair)

(President in Chair)


Senator Huffines moved to suspend the regular order of business to take up forconsideration SBi764 at this time on its second reading:

SB 764, Relating to accounting for costs incurred by this state as a result of thepresence of persons who are not lawfully present in the United States.






Senator Rodrıguez offered the following amendment to the bill:


Amend SB 764 (senate committee printing) in SECTION 1 of the bill, bystriking added Section 403.0112, Government Code (page 1, lines 31-44), andsubstituting the following:

Sec.i403.0112.iiACCOUNTING FOR COSTS OF ILLEGAL IMMIGRATION.(a) Not later than the 30th day before the first day of each regular legislative session,the comptroller shall publish a report containing a comprehensive financial analysis ofthe impact of undocumented immigrants on the state budget and economy during thepreceding two-year period.

(b)iiIn developing the report, the comptroller must apply the methodology usedfor the comptroller ’s special report, "Undocumented Immigrants in Texas: A FinancialAnalysis of the Impact to the State Budget and Economy," published in December2006.






Amend SB 764 (senate committee printing) in SECTION 1 of the bill, in addedSection 403.0112, Government Code, as follows:

(1)iiIn the section heading (page 1, line 31), strike "COSTS" and substitute"FINANCIAL IMPACT".

(2)iiOn page 1, line 36, strike "costs to this state incurred" and substitute "impactto this state, including estimated costs and benefits,".




SB 764 was passed to engrossment by the following vote:iiYeasi20, Naysi11.





Senator Lucio moved to suspend the regular order of business to take up forconsideration CSSBi529 at this time on its second reading:

CSSB 529, Relating to improving training and staff development for primary andsecondary educators to enable them to more effectively serve all students.


Senators Burton, Huffines, and Nichols asked to be recorded as voting "Nay" onsuspension of the regular order of business.


Senator Lucio offered the following amendment to the bill:


Amend CSSB 529 (senate committee printing) in SECTION 2 of the bill, inadded Section 21.044(a-1), Education Code (page 1, line 58), by striking "Theminimum academic qualifications" and substituting "Any training requirements".



CSSB 529 as amended was passed to engrossment by a viva voce vote.


Nays:iiBurton, Huffines, Nichols.


Senator Lucio moved that Senate Rule 7.18 and the Constitutional Rule requiringbills to be read on three several days be suspended and that CSSBi529 be placed onits third reading and final passage.


Yeas:iiBettencourt, Birdwell, Buckingham, Campbell, Creighton, Estes, Garcia,Hall, Hancock, Hinojosa, Huffman, Hughes, Kolkhorst, Lucio, Menendez, Miles,Nelson, Perry, Rodrıguez, Schwertner, Seliger, Taylor of Galveston, Taylor of Collin,Uresti, Watson, West, Whitmire, Zaffirini.

Nays:iiBurton, Huffines, Nichols.

The bill was read third time and was passed by the following vote:iiYeasi28,Naysi3.i (Same as previous roll call)


BILLS AND RESOLUTION SIGNED

The President announced the signing of the following enrolled bills andresolution in the presence of the Senate after the captions had been read:

SBi128, SBi259, SBi594, SBi706, SBi758, SBi763, SBi881, SBi929, SBi1003,SBi1086, SBi1145, SBi1176, SBi1390, SBi1576, HBi217, HBi1331, HBi1439,HBi1440, HBi1445, HBi1448, HBi1664, HBi1791, HBi1962, HBi2134, HBi4300,HBi1982, HCRi141.


Senator Lucio moved to suspend the regular order of business to take up forconsideration CSSBi1673 at this time on its second reading:

CSSB 1673, Relating to natural disaster housing recovery.


Senators Huffines and Taylor of Collin asked to be recorded as voting "Nay" onsuspension of the regular order of business.



Nays:iiHuffines, Taylor of Collin.


Senator Lucio moved that Senate Rule 7.18 and the Constitutional Rule requiringbills to be read on three several days be suspended and that CSSBi1673 be placed onits third reading and final passage.


Yeas:iiBettencourt, Birdwell, Buckingham, Burton, Campbell, Creighton, Estes,Garcia, Hall, Hancock, Hinojosa, Huffman, Hughes, Kolkhorst, Lucio, Menendez,Miles, Nelson, Nichols, Perry, Rodrıguez, Schwertner, Seliger, Taylor of Galveston,Uresti, Watson, West, Whitmire, Zaffirini.

Nays:iiHuffines, Taylor of Collin.


(Senator Taylor of Collin in Chair)




CSSB 2039, Relating to the development of a program and training for publicschools on the prevention of sexual abuse and sex trafficking and participation by thehuman trafficking prevention task force in that development.


Senators Bettencourt, Buckingham, Burton, Creighton, and Taylor of Collinasked to be recorded as voting "Nay" on suspension of the regular order of business.


Senator Zaffirini offered the following amendment to the bill:


Amend CSSB 2039 (senate committee printing) in SECTION 1 of the bill asfollows:

(1)iiIn added Section 28.017(a), Education Code (page 1, line 34-35), strike "asexual abuse and sex trafficking prevention program" and substitute "one or moresexual abuse and sex trafficking instructional modules".

(2)iiIn added Section 28.017(a), Education Code (page 1, line 36), strike"program must" and substitute "modules may".

(3)iiIn added Section 28.017(b), Education Code (page 1, line 54), strike"program" and substitute "module or modules".




Yeas:iiBettencourt, Birdwell, Campbell, Estes, Garcia, Hall, Hancock, Hinojosa,Huffines, Huffman, Hughes, Kolkhorst, Lucio, Menendez, Miles, Nelson, Nichols,Perry, Rodrıguez, Schwertner, Seliger, Taylor of Galveston, Uresti, Watson, West,Whitmire, Zaffirini.

Nays:iiBuckingham, Burton, Creighton, Taylor of Collin.




Yeas:iiBettencourt, Birdwell, Campbell, Estes, Garcia, Hall, Hancock, Hinojosa,Huffines, Huffman, Hughes, Kolkhorst, Lucio, Menendez, Miles, Nelson, Nichols,Perry, Rodrıguez, Schwertner, Seliger, Taylor of Galveston, Uresti, Watson, West,Whitmire, Zaffirini.

Nays:iiBuckingham, Burton, Creighton, Taylor of Collin.



SENATE RULE 11.13 SUSPENDED(Consideration of Bills in Committees)

(Motion In Writing)

Senator Kolkhorst submitted the following Motion In Writing:

Mr. President:

I move to suspend Senate Rule 11.13 so that committees may meet during the readingand referral of bills.

KOLKHORST

The Motion In Writing was read and prevailed without objection.

PERMISSION TO INTRODUCE GRANTED(Motion In Writing)

Mr. President:

The following members hereby request to suspend Senate Rule 7.07(b), Limitationson Introduction, to permit the introduction of bills and resolutions as listed below:

On motion of Senator Lucio:iiSBi2294.

The Motion In Writing was read and prevailed without objection.

REPORT OF COMMITTEE ON NOMINATIONS

Senator Birdwell submitted the following report from the Committee onNominations:

We, your Committee on Nominations, to which were referred the followingappointments, have had same under consideration and report them back to the Senatewith a recommendation that they be confirmed:

Judge, 440th Judicial District Court, Coryell County:iiNolan Kinsey, Coryell County.

Members, Commission on Jail Standards:iiDuane Lock, Tarrant County; AndrewBenson Perry, McLennan County; Esmaeil Porsa, Collin County; Kelly Shane Rowe,Lubbock County; William Keith Stoudt, Gregg County; Melinda Elizabeth Taylor,Travis County; Dennis Darwin Wilson, Limestone County.

Members, Manufactured Housing Board:iiRonald Maxie Richards, GalvestonCounty; Kiran Shah, Fort Bend County; Sheila M. Valles-Pankratz, Hidalgo County.

Commissioner, Pecos River Compact Commission:iiFrederic H. S. Tate, PresidioCounty.

Members, Product Development and Small Business Incubator Board:iiArunAgarwal, Dallas County; Kellilynn M. Frias, Lubbock County; James D. Mize,Nacogdoches County.

Members, Public Safety Commission:iiAnne Cynthia Leon, Hidalgo County; StevenPatrick Mach, Harris County; Jason Kenneth Pulliam, Bexar County.


Members, State Board for Educator Certification:iiRohanna Brooks-Sykes, HarrisCounty; Arturo Jude Cavazos, Cameron County; Tommy Lamar Coleman, PolkCounty; Sandra A.iMullins Moger, Harris County; Laurie Jeanette Turner, NuecesCounty.

Members, State Board of Veterinary Medical Examiners:iiSandra Criner, Fort BendCounty; Jessica Sue Quillivan, Montgomery County.

Members, State Employee Charitable Campaign Policy Committee:iiGregory ScottDavidson, Travis County; Alicia Gray Key Ellison, Hays County; Tabatha CharleneVasquez, Travis County.

Members, Board of Trustees, Teacher Retirement System of Texas:iiJohn WebsterElliott, Travis County; Gregory Alan Gibson, Guadalupe County; Christopher SloanMoss, Angelina County.

Members, Texas Board of Professional Engineers:iiLamberto Jose Balli, BexarCounty; Albert Lee Cheng, Harris County; Catherine H. Norwood, Midland County.

Members, Texas Board of Professional Geoscientists:iiLindsey Lee Bradford, JacksonCounty; Bereket Mebrahtu Derie, Williamson County; Steven William Fleming,Bexar County.

Members, Texas Forensic Science Commission:iiJeffrey Joseph Barnard, DallasCounty; Bruce Budowle, Tarrant County; Mark G. Daniel, Tarrant County; NancyRuth Downing, Brazos County; Jasmine Millican Drake, Montgomery County;Sheree Robyn Hughes-Stamm, Montgomery County; Dennis Johnson, Travis County;Sarah Kerrigan, Montgomery County; Jarvis Jermaine Parsons, Brazos County.

Members, Texas Lottery Commission:iiCarmen Arrieta-Candelaria, El Paso County;Peggy A. Heeg, Harris County; Douglas Edwin Lowe, Anderson County; RobertGabriel Rivera, Tarrant County.

Members , Texas Low-Level Radioact ive Waste Disposal CompactCommission:iiRichard H. Dolgener, Andrews County; Linda Lane Morris, McLennanCounty.

Members, Texas Underground Facility Notification Corporation:iiBarry Calhoun,Dallas County, Jeffery R.iCarroll, Travis County; Roberto Gerardo De Leon, NuecesCounty; Senaida Galvan, Bexar County; Jesus Antonio Garza, Kleberg County; JasonEric Hartgraves, Dallas County; James Ralph Schneider, Travis County; Janie LouWalenta, Wood County.

NOTICE OF CONSIDERATION OF NOMINATIONS

Senator Birdwell gave notice that he would tomorrow submit to the Senate forconsideration nominations to agencies, boards, and commissions of the state.

MESSAGE FROM THE HOUSE

HOUSE CHAMBERAustin, Texas

Monday, May 8, 2017 - 2


The Honorable President of the SenateSenate ChamberAustin, Texas

Mr. President:

I am directed by the house to inform the senate that the house has taken the followingaction:

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

HB 72 KeoughRelating to the establishment, operation, and funding of victim-offender mediationprograms; authorizing fees.

HB 478 IsraelRelating to civil liability for removing certain individuals or animals from a motorvehicle.

HB 591 MinjarezRelating to the punishment for the offense of aggravated assault.

HB 812 WuRelating to standing in a roadway; amending provisions subject to a criminal penalty.

HB 1542 PriceRelating to the definition of the least restrictive environment for the placement ofchildren in foster care.

HB 1556 Gonzalez, MaryRelating to the appointment of foster parents and other qualified persons to serve aseducational decision-makers for certain children in the conservatorship of theDepartment of Family and Protective Services.

HB 2484 NevarezRelating to the licensing and regulation of animal export-import processing facilities;providing penalties; requiring an occupational license; authorizing fees.

HB 3062 KacalRelating to the sale of property for delinquent ad valorem taxes.

HB 3218 PhillipsRelating to health maintenance organization contracts with certain entities to providehealth care services.

HB 3287 GoldmanRelating to the sale of ale and beer by certain brewers and manufacturers.

HB 3294 ParkerRelating to the eligibility of certain NASCAR events to receive funding through theMajor Events Reimbursement Program.

SB 77 Nelson Sponsor: AlvaradoRelating to involuntary termination of parental rights based on sexual assault of thechild ’s other parent and the child support obligations of the parent whose rights wereterminated.


SB 1012 Creighton Sponsor: PaulRelating to notification by an insurer of certain disciplinary actions imposed on theinsurer for a violation of the insurance laws of another state.

SB 1070 Hancock Sponsor: FrulloRelating to authorized reinsurance and financial statement credit and accounting forreinsurance.(Committee Substitute/Amended)

Respectfully,

/s/Robert Haney, Chief ClerkHouse of Representatives

MOTION TO ADJOURN

On motion of Senator Whitmire and by unanimous consent, the Senate at 4:11p.m. agreed to adjourn, in memory of Douglas Sterling Cain, upon completion of theintroduction of bills and resolutions on first reading, until 11:00 a.m. tomorrow.

(Senator Hughes in Chair)

SENATE BILLS ON FIRST READING

The following bills were introduced, read first time, and referred to thecommittees indicated:

SB 2293 by CreightonRelating to the creation of Montgomery County Improvement District No. 1;providing authority to issue bonds; providing authority to impose assessments, fees,or taxes.To Committee on Intergovernmental Relations.

SB 2294 by LucioRelating to the use of regional mobility authority toll projects by public school buses.To Committee on Transportation.

HOUSE BILLS AND RESOLUTIONS ON FIRST READING

The following bills and resolutions received from the House were read first timeand referred to the committees indicated:

HB 12 to Committee on State Affairs.HB 25 to Committee on Business and Commerce.HB 61 to Committee on Education.HB 104 to Committee on Criminal Justice.HB 210 to Committee on Administration.HB 249 to Committee on Health and Human Services.HB 283 to Committee on Veteran Affairs and Border Security.HB 441 to Committee on Education.HB 492 to Committee on Health and Human Services.HB 579 to Committee on Finance.HB 670 to Committee on Criminal Justice.HB 681 to Committee on Criminal Justice.HB 928 to Committee on Health and Human Services.


HB 938 to Committee on Transportation.HB 1028 to Committee on Transportation.HB 1106 to Committee on State Affairs.HB 1204 to Committee on Criminal Justice.HB 1249 to Committee on Transportation.HB 1254 to Committee on Administration.HB 1284 to Committee on Business and Commerce.HB 1291 to Committee on Education.HB 1303 to Committee on Transportation.HB 1449 to Committee on Business and Commerce.HB 1463 to Committee on State Affairs.HB 1472 to Committee on Finance.HB 1494 to Committee on Natural Resources and Economic Development.HB 1515 to Committee on Natural Resources and Economic Development.HB 1560 to Committee on Education.HB 1600 to Committee on Health and Human Services.HB 1608 to Committee on Health and Human Services.HB 1629 to Committee on Health and Human Services.HB 1642 to Committee on Health and Human Services.HB 1716 to Committee on Intergovernmental Relations.HB 1774 to Committee on Business and Commerce.HB 1784 to Committee on Business and Commerce.HB 1815 to Committee on Intergovernmental Relations.HB 1866 to Committee on Criminal Justice.HB 1891 to Committee on Agriculture, Water, and Rural Affairs.HB 1934 to Committee on Education.HB 1944 to Committee on Business and Commerce.HB 1946 to Committee on Agriculture, Water, and Rural Affairs.HB 2002 to Committee on Higher Education.HB 2064 to Committee on Intergovernmental Relations.HB 2128 to Committee on State Affairs.HB 2205 to Committee on Education.HB 2216 to Committee on Business and Commerce.HB 2262 to Committee on Business and Commerce.HB 2286 to Committee on Criminal Justice.HB 2366 to Committee on Transportation.HB 2369 to Committee on Agriculture, Water, and Rural Affairs.HB 2431 to Committee on Higher Education.HB 2445 to Committee on Natural Resources and Economic Development.HB 2529 to Committee on Criminal Justice.HB 2567 to Committee on Agriculture, Water, and Rural Affairs.HB 2575 to Committee on Criminal Justice.HB 2577 to Committee on State Affairs.HB 2610 to Committee on Transportation.HB 2646 to Committee on Transportation.HB 2662 to Committee on Natural Resources and Economic Development.


HB 2663 to Committee on Transportation.HB 2739 to Committee on Business and Commerce.HB 2762 to Committee on Intergovernmental Relations.HB 2771 to Committee on Agriculture, Water, and Rural Affairs.HB 2792 to Committee on Intergovernmental Relations.HB 2832 to Committee on Business and Commerce.HB 2848 to Committee on Health and Human Services.HB 2895 to Committee on Higher Education.HB 2909 to Committee on Business and Commerce.HB 2976 to Committee on Business and Commerce.HB 3055 to Committee on State Affairs.HB 3063 to Committee on Agriculture, Water, and Rural Affairs.HB 3178 to Committee on Intergovernmental Relations.HB 3181 to Committee on Natural Resources and Economic Development.HB 3237 to Committee on Criminal Justice.HB 3287 to Committee on Business and Commerce.HB 3295 to Committee on Health and Human Services.HB 3337 to Committee on Transportation.HB 3342 to Committee on Business and Commerce.HB 3358 to Committee on Health and Human Services.HB 3417 to Committee on Agriculture, Water, and Rural Affairs.HB 3453 to Committee on Intergovernmental Relations.HB 3481 to Committee on State Affairs.HB 3484 to Committee on Natural Resources and Economic Development.HB 3496 to Committee on Business and Commerce.HB 3529 to Committee on Finance.HB 3582 to Committee on Agriculture, Water, and Rural Affairs.HB 3594 to Committee on Criminal Justice.HB 3657 to Committee on Transportation.HB 3675 to Committee on Health and Human Services.HB 3690 to Committee on Criminal Justice.HB 3726 to Committee on Natural Resources and Economic Development.HB 3727 to Committee on Intergovernmental Relations.HB 3952 to Committee on Agriculture, Water, and Rural Affairs.HB 4002 to Committee on Finance.HB 4026 to Committee on Business and Commerce.HB 4038 to Committee on Finance.HB 4056 to Committee on Education.HB 4147 to Committee on Criminal Justice.HB 4280 to Committee on Criminal Justice.HB 4284 to Committee on State Affairs.HCR 27 to Committee on Administration.HCR 75 to Committee on Administration.

CO-AUTHOR OF SENATE BILL 10

On motion of Senator Hancock, Senator Seliger will be shown as Co-author ofSBi10.



On motion of Senator Garcia, Senator Menendez will be shown as Co-author ofSBi195.


On motion of Senator Taylor of Collin, Senator Bettencourt will be shown asCo-author of SBi444.


On motion of Senator Buckingham, Senator Bettencourt will be shown asCo-author of SBi631.


On motion of Senator Hughes, Senator Bettencourt will be shown as Co-authorof SBi1177.


On motion of Senator Buckingham, Senator Bettencourt will be shown asCo-author of SBi1294.


On motion of Senator Whitmire, Senator Garcia will be shown as Co-author ofSBi1849.

CO-AUTHORS OF SENATE BILL 1942

On motion of Senator Hughes, Senators Bettencourt, Hall, and Taylor of Collinwill be shown as Co-authors of SBi1942.


On motion of Senator Hall, Senator Bettencourt will be shown as Co-author ofSBi2094.

CO-SPONSOR OF HOUSE BILL 1346

On motion of Senator Taylor of Collin, Senator Bettencourt will be shown asCo-sponsor of HBi1346.

CO-SPONSOR OF HOUSE BILL 1995

On motion of Senator Hughes, Senator Bettencourt will be shown as Co-sponsorof HBi1995.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolutions

SRi736iby Hughes,iIn memory of Billy Ray Thompson.

SRi747iby Watson and Birdwell,iIn memory of Thomas Paul Moore Jr.


Congratulatory Resolutions

SRi737iby Lucio,iRecognizing Maria Lourdes Villarreal on the occasion of herretirement.

SRi738iby Lucio,iRecognizing Joe Villalon on the occasion of his 28th year in thepriesthood.

SRi739iby Lucio,iRecognizing Jacoba Hampton on the occasion of her retirement.

SRi741iby Nichols,iRecognizing Mary Ann Whiteker on the occasion of herretirement.

SRi742iby Creighton and Nichols,iRecognizing the dedication of the Salvation ArmyWayne Bergstrom Center of Hope.

SRi744iby Lucio,iRecognizing Cynthia S. Castro for her service to the BrownsvilleIndependent School District.

SRi745iby Nelson,iRecognizing Four Price for receiving the Mary ElizabethHoldsworth Butt Award for Mental Health.

SRi746iby Lucio,iRecognizing Ramiro Ramirez Gonzalez for his contributions to theRio Grande Valley community.

SRi748iby Hinojosa,iRecognizing Todd Moulder for being selected as a finalist forthe 2017 H-E-B Excellence in Education Lifetime Achievement Award.

Official Designation Resolution

SRi743iby Hughes,iRecognizing May 18, 2017, as American Heritage Girls Day.

ADJOURNMENT

Pursuant to a previously adopted motion, the Senate at 4:23 p.m. adjourned, inmemory of Douglas Sterling Cain, until 11:00 a.m. tomorrow.

AAAPPENDIXAA

COMMITTEE REPORTS

The following committee reports were received by the Secretary of the Senate inthe order listed:

May 8, 2017

FINANCE — CSSBi200

HIGHER EDUCATION— CSSBi2086, CSSBi2079, CSSBi2122

HEALTH AND HUMAN SERVICES — CSSBi1443, CSSBi315

EDUCATION— CSSBi2084


STATE AFFAIRS — SBi459, HBi1761, HBi1526, HBi1428, HBi873, SCRi47,SBi959

BILLS AND RESOLUTION ENGROSSED

May 4, 2017

SBi213, SBi262, SBi371, SBi382, SBi397, SBi496, SBi636, SBi653, SBi666,SBi801, SBi803, SBi807, SBi828, SBi848, SBi914, SBi919, SBi928, SBi989,SBi1005, SBi1016, SBi1047, SBi1085, SBi1095, SBi1109, SBi1118, SBi1122,SBi1126, SBi1214, SBi1220, SBi1237, SBi1261, SBi1268, SBi1318, SBi1338,SBi1398, SBi1399, SBi1426, SBi1449, SBi1450, SBi1466, SBi1481, SBi1510,SBi1512, SBi1526, SBi1588, SBi1597, SBi1599, SBi1630, SBi1642, SBi1644,SBi1705, SBi1727, SBi1732, SBi1742, SBi1745, SBi1782, SBi1813, SBi1820,SBi1824, SBi1831, SBi1839, SBi1842, SBi1843, SBi1845, SBi1864, SBi1870,SBi1882, SBi1883, SBi1893, SBi1906, SBi1910, SBi1912, SBi1927, SBi1932,SBi1952, SBi1975, SBi1979, SBi2082, SBi2117, SBi2142, SBi2143, SBi2144,SBi2166, SBi2174, SBi2238, SBi2245, SBi2252, SBi2253, SBi2263, SBi2267,SBi2268, SBi2273, SJRi55

BILLS AND RESOLUTIONS ENROLLED

May 4, 2017

SRi722, SRi723, SRi724, SRi725, SRi726, SRi727, SRi728, SRi729, SRi730,SRi731, SRi732, SRi733, SRi734, SRi735

May 5, 2017

SBi128, SBi259, SBi594, SBi706, SBi758, SBi763, SBi881, SBi929, SBi1003,SBi1086, SBi1145, SBi1176, SBi1390, SBi1576

SIGNED BY GOVERNOR

May 7, 2017

SBi4

SENT TO GOVERNOR

May 8, 2017

SBi128, SBi259, SBi594, SBi706, SBi758, SBi763, SBi881, SBi929, SBi1003,SBi1086, SBi1145, SBi1176, SBi1390, SBi1576


Documents

Monday, May 8, 2017-52nd Day - Senate Journal Online