Monday, May 13, 2019-52nd Day - Texas

SENATE JOURNALEIGHTY-SIXTH LEGISLATURE — REGULAR SESSION

AUSTIN, TEXAS

PROCEEDINGS

FIFTY-SECOND DAY(Monday, May 13, 2019)

The Senate met at 11:16 a.m. pursuant to adjournment and was called to order bythe President.

The roll was called and the following Senators were present:iiAlvarado,Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Fallon, Flores, Hall,Hancock, Hinojosa, Huffman, Hughes, Johnson, Kolkhorst, Lucio, Menendez, Miles,Nelson, Nichols, Paxton, Perry, Powell, Rodrıguez, Schwertner, Seliger, Taylor,Watson, West, Whitmire, Zaffirini.

The President announced that a quorum of the Senate was present.

The Reverend Douglas E. Brown, Great Commission Baptist Church, FortWorth, offered the invocation as follows:

Almighty God, we come before You today to give You honor andpraise. You are worthy of praise. You are the source of all that is good.You are the source of all of our blessings. Thank You for every good andperfect gift. Father, we are so thankful for Your goodness, grace, andgenerosity that You have bestowed on this country. Heavenly Father, wecome to You today asking for Your guidance and wisdom as we begin thissession. We pray that it will be peaceful, positive, and productive and mostof all for the betterment of the residents of this great state. Bless now thismeeting and all our leaders. 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 13, 2019 - 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 183 StephensonRelating to establishing a joint interim committee to study the cost-effectiveness andfeasibility of implementing a pension revenue enhancement plan for the TeacherRetirement System of Texas.

HB 217 Gervin-HawkinsRelating to health benefit plan coverage for hair prostheses for cancer patients.

HB 970 WalleRelating to notice requirements for a leased dwelling located in a floodplain.

HB 1019 Munoz, Jr.Relating to the authority of certain water districts to exercise the power of eminentdomain.

HB 1090 Bell, CecilRelating to the definition of first responder.

HB 1091 VoRelating to hiring and licensing certain veterans as peace officers.

HB 1120 MillerRelating to the powers of county assistance districts.

HB 1152 BernalRelating to the deceptive trade practice of charging exorbitant or excessive prices fornecessities during a declared disaster.

HB 1174 ReynoldsRelating to the authority of a county assistance district to provide a grant or loan.

HB 1546 NevarezRelating to the authority of the Kickapoo Indian Tribe to commission peace officers.

HB 1790 GuillenRelating to a study on state lottery advertisement and promotion.

HB 2059 BlancoRelating to required human trafficking prevention training as a condition ofregistration permit or license renewal for certain health care practitioners.

HB 2209 MeyerRelating to an affirmative defense to an allegation of truant conduct.

HB 2403 GoldmanRelating to the regulation of residential service companies and residential servicecontracts.

HB 2554 BucyRelating to regulation of the display of signs containing political advertising.

1852 86th Legislature — Regular Session 52nd Day

HB 2628 VoRelating to the manner of reporting and maintaining certain information relating tocandidates and election returns.

HB 2640 CortezRelating to political parties.

HB 2767 Martinez FischerRelating to the delivery of a recorded marriage license by e-mail.

HB 3014 BurrowsRelating to the clerk and other personnel of the municipal court of record of the Cityof Lubbock.

HB 3021 RamosRelating to informing the public about the availability of provisions in protectiveorders, including provisions regarding pets and other companion animals.

HB 3057 HarrisRelating to the appointment, powers, duties, rights, and privileges of special Texasconstables.

HB 3145 TothRelating to the right of a parent appointed as a conservator of a child to attend schoolactivities.

HB 3152 RaymondRelating to the membership of the State Board of Dental Examiners.

HB 3222 King, KenRelating to the creation of a nonresident brewer ’s or nonresident manufacturer ’sagent ’s permit; authorizing a fee.HB 3243 MurphyRelating to the payment of certain ad valorem tax refunds.

HB 3293 Johnson, JulieRelating to the business leave time account for a firefighter employee organization incertain municipalities.

HB 3314 Romero, Jr.Relating to certain requirements to replat certain municipal subdivision plats.

HB 3316 WhiteRelating to the Texas Crime Stoppers Council.

HB 3503 Anderson, Charles "Doc"Relating to firearms training for county jailers.

HB 3568 FarrarRelating to the salary paid to an official court reporter in certain counties.

HB 3879 RamosRelating to the participation of armed forces members in a marriage ceremonythrough video conference technology.

HB 3984 LeachRelating to health benefit plan coverage for scalp cooling for cancer patients.

Monday, May 13, 2019 SENATE JOURNAL 1853

HB 4067 MurrRelating to the creation of a wet debris work group.

HB 4086 SanfordRelating to the definition of "closing" for purposes of certain private activity bonds.

HB 4129 SwansonRelating to the omission from the ballot of a withdrawing candidate.

HB 4130 SwansonRelating to use of an electronic device for accepting voters; authorizing a fee.

HB 4158 ZwienerRelating to the use of municipal hotel occupancy tax revenue in certain municipalities.

HB 4236 Anderson, Charles "Doc"Relating to permitting the viewing of certain body worn camera recordings.

HB 4245 BailesRelating to the percentage of voters needed to sign a petition requesting a local optionelection to prohibit or authorize the sale of alcoholic beverages.

HB 4270 WuRelating to the authority of a municipal management district to provide publiceducation facilities and public education-related supplemental services.

HB 4346 LozanoRelating to the regulation of off-site restaurant services; authorizing a permit;authorizing a fee.

HB 4372 MurphyRelating to youth camp abuse complaints and compliance orders.

HB 4420 AnchiaRelating to insurance coverage for the disposition of embryonic and fetal tissueremains.

HB 4462 MezaRelating to a task force to study access to legal services for persons with disabilities.

HB 4468 ColemanRelating to county jails and community mental health programs in certain counties.

HB 4568 CyrierRelating to the consideration of floodplain maps in the permitting of certain solidwaste facilities.

HB 4606 WhiteRelating to youth diversion programs for children accused of certain fine-onlyoffenses and related criminal justice matters; authorizing and imposing fees.

HB 4668 SmithRelating to the creation of the Howe Municipal Utility District No. 1; granting alimited power of eminent domain; providing authority to issue bonds; providingauthority to impose assessments, fees, and taxes.


HB 4689 Talarico

Relating to the creation of the Round Rock Municipal Utility District No. 1; grantinga limited power of eminent domain; providing authority to issue bonds; providingauthority to impose assessments, fees, and taxes.

HB 4693 Stucky

Relating to the creation of the Cole Ranch Improvement District No. 1 of DentonCounty, Texas; providing authority to impose an assessment, impose a tax, and issuebonds.

HB 4715 Murr

Relating to the creation of magistrates in Kerr County.

HB 4734 Oliverson

Relating to the creation of the Green Tree Park Municipal Utility District; granting alimited power of eminent domain; providing authority to issue bonds; providingauthority to impose assessments, fees, and taxes.

HB 4741 Smith

Relating to the creation of the Grayson County Municipal Utility District No. 5;granting a limited power of eminent domain; providing authority to issue bonds;providing authority to impose assessments, fees, and taxes.

HB 4747 Stephenson

Relating to the board of directors of the Boling Municipal Water District.

HB 4748 Dutton

Relating to the authority of the Near Northside Management District to impose a salesand use tax.

HB 4749 Schaefer

Relating to the creation of the Rose City Municipal Utility District; granting a limitedpower of eminent domain; providing authority to issue bonds; providing authority toimpose assessments and fees.

HB 4753 Lopez

Relating to a study regarding the cost of child care in this state in comparison tofamily income.

HB 4754 Lopez

Relating to a study on the number of active releasees on a parole officer ’s caseload.HB 4762 Guillen

Relating to the designation of a portion of Farm-to-Market Road 716 in Duval Countyas the Pete Salinas Trail.

Respectfully,

/s/Robert Haney, Chief ClerkHouse of Representatives




Monday, May 13, 2019 - 2


Mr. President:



HB 62 ZerwasRelating to certain meetings of a commissioners court during a disaster or emergency.

HB 288 Thompson, SenfroniaRelating to the personal needs allowance for certain Medicaid recipients who areresidents of long-term care facilities.

HB 324 MurrRelating to the prosecution of the criminal offense of improper relationship betweeneducator and student.

HB 464 MoodyRelating to certain procedures for and relief that may be granted pursuant to anapplication for a writ of habeas corpus.

HB 496 Gervin-HawkinsRelating to the placement of bleeding control stations in public schools and torequired training of public school personnel and students.

HB 737 CortezRelating to the issuance of specialty license plates for classroom teachers and retiredclassroom teachers; imposing a fee.

HB 744 RoseRelating to the Medicaid eligibility of certain women after a pregnancy.

HB 769 Davis, SarahRelating to the termination of the contract of a superintendent of a school districtbased on malfeasance.

HB 798 WalleRelating to plot plan requirements for an application for a standard permit for aconcrete batch plant issued by the Texas Commission on Environmental Quality.

HB 873 AllenRelating to behavior improvement plans and behavioral intervention plans for certainpublic school students and notification and documentation requirements regardingcertain behavior management techniques.


HB 876 AllenRelating to the model training curriculum and required training for school districtpeace officers and school resource officers.

HB 907 HubertyRelating to the penalty for failure to register certain aggregate production operationswith the Texas Commission on Environmental Quality.

HB 975 MetcalfRelating to training requirements for a member of the board of trustees of anindependent school district.

HB 981 ParkerRelating to the offense of money laundering.

HB 1143 HefnerRelating to the transportation or storage of a handgun or other firearm or ammunitionby a handgun license holder in a school parking area.

HB 1185 CyrierRelating to limitations on adjudication awards arising from certain written contractswith state agencies.

HB 1320 MoodyRelating to the operation of, participation in, and effects of successful completion of amental health court program.

HB 1381 WrayRelating to enhancing the criminal penalty for an aggravated assault causing seriousbodily injury that is committed in or on school property or on a passengertransportation vehicle of a primary or secondary school.

HB 1477 PriceRelating to the use of grants under the emergency medical services assistance programand the distribution of certain revenue received by the comptroller.

HB 1493 KrauseRelating to weight limitations for over-the-road buses.

HB 1607 GoldmanRelating to a deduction under the franchise tax for certain contracts with the federalgovernment.

HB 1681 AshbyRelating to peer assistance programs for employees of local law enforcementagencies.

HB 1761 ColemanRelating to credit toward a defendant ’s sentence for time confined in jail or prisonbefore sentencing.

HB 1771 ThierryRelating to a prohibition on prosecuting or referring to juvenile court certain personsfor certain conduct constituting the offense of prostitution and to the provision ofservices to those persons.


HB 1791 KrauseRelating to the carrying of handguns by license holders on property owned or leasedby a governmental entity.

HB 1880 Davis, SarahRelating to health benefit plan provider networks; providing an administrativepenalty; authorizing an assessment.

HB 1885 Bonnen, GregRelating to the waiver of penalties and interest if an error by a mortgagee results infailure to pay an ad valorem tax.

HB 1938 DeshotelRelating to the expiration date of a commercial driver ’s license; increasing a fee.HB 2020 KacalRelating to the release of defendants on bail.

HB 2143 Turner, JohnRelating to the eligibility of a first responder for workers ’compensation benefits forpost-traumatic stress disorder.

HB 2205 ClardyRelating to the informal dispute resolution process for certain disputes between theHealth and Human Services Commission and long-term care facilities.

HB 2250 Lucio IIIRelating to the prescribing and ordering of Schedule II controlled substances bycertain advanced practice registered nurses and physician assistants.

HB 2286 OliversonRelating to the criminal consequences of engaging in certain conduct with respect tocertain firearm accessories and prohibiting the enforcement of certain federal lawsrelated to certain firearm accessories.

HB 2288 MoodyRelating to the area of operation of certain municipal housing authorities.

HB 2463 King, Tracy O.Relating to the deposit and allocation of certain funds to the horse industry escrowaccount and to the maximum balance of that account.

HB 2504 SpringerRelating to candidates nominated by convention.

HB 2536 OliversonRelating to transparency related to drug costs.

HB 2609 King, KenRelating to permissible teachers assigned to a bilingual education program and thepermissible uses of the bilingual education allotment provided under the foundationschool program.


HB 2642 AllisonRelating to reporting the number of incidents of bullying and cyberbullying in aschool district and open-enrollment charter school through the Public EducationInformation Management System.

HB 2782 WrayRelating to decedents ’estates, transfer on death deeds, and matters involving probatecourts.

HB 2784 PhelanRelating to the creation of the Texas Industrial Workforce Apprenticeship GrantProgram.

HB 2831 CanalesRelating to the service of notice of a special commissioners ’hearing in an eminentdomain proceeding.

HB 2835 CanalesRelating to a defense to prosecution for the criminal offense of operating a vehiclewith an expired license plate.

HB 2863 LandgrafRelating to the applicability of competitive bidding requirements to expenditures forcertain municipal utility facility relocations.

HB 2897 ParkerRelating to the provision of services by the Texas Department of Criminal Justice ’sdevelopmentally disabled offender program.

HB 2931 ParkerRelating to the administration of an examination and issuance of a temporary receiptfor a driver ’s license by an entity other than the Department of Public Safety.HB 2942 GuillenRelating to the eligibility of land to continue to be appraised for ad valorem taxpurposes as qualified open-space land if the land is temporarily used for sand miningoperations; authorizing a fee.

HB 2971 HollandRelating to powers and duties concerning records of the General Land Office.

HB 2987 RamosRelating to requiring the posting of certain information on an open-enrollment charterschool ’s Internet website regarding the school ’s governing body.HB 3001 MorrisonRelating to the fiscal transparency of special purpose districts and other politicalsubdivisions.

HB 3088 MartinezRelating to an exemption for certain purchasing personnel of the Texas Department ofTransportation from training on state purchasing.


HB 3147 ParkerRelating to a cancer clinical trial participation program.

HB 3193 HinojosaRelating to the licensing of a home and community support services agency;increasing fees.

HB 3284 SheffieldRelating to prescribing and dispensing controlled substances and monitoring theprescribing and dispensing of controlled substances under the Texas ControlledSubstances Act; providing for administrative penalties.

HB 3285 SheffieldRelating to programs and initiatives to prevent and respond to opioid addiction,misuse, abuse, and overdose and identify and treat co-occurring substance usedisorders and mental illness.

HB 3303 BowersRelating to certain procedures involving a violation of a condition of communitysupervision committed by a defendant who is the sole caretaker of a child.

HB 3390 SanfordRelating to caregivers for certain children, including the identification of caregiversfor children in the conservatorship of the Department of Family and ProtectiveServices and an exception from licensing requirements for certain caretakers.

HB 3397 BailesRelating to an appropriation of money from the emergency radio infrastructureaccount for the planning, development, and provision of an interoperable statewideemergency radio infrastructure.

HB 3424 Thompson, SenfroniaRelating to postconviction forensic DNA testing.

HB 3490 ColeRelating to the prosecution and punishment of the criminal offense of harassment;creating a criminal offense.

HB 3553 FarrarRelating to filing fees for the electronic filing system established by the SupremeCourt of Texas.

HB 3578 KlickRelating to the cancellation of the voter registration of a person finally convicted of afelony.

HB 3657 Turner, ChrisRelating to the establishment of the Texas Competency-Based Education GrantProgram for certain students enrolled in competency-based baccalaureate degreeprograms and to formula funding and dropped and repeated course restrictions forstudents enrolled in those degree programs at public institutions of higher education.


HB 3738 GoldmanRelating to creating an Internet website of certain day-care providers and parentingresources.

HB 3750 KuempelRelating to the applicability of certain municipal ordinances in the municipality ’sextraterritorial jurisdiction.

HB 3755 ShaheenRelating to a study on the improvement of driver ’s license issuance in this state.HB 3800 Thompson, SenfroniaRelating to required reporting of human trafficking cases by certain law enforcemententities and by prosecutors.

HB 3810 PaulRelating to the residential building codes of municipalities.

HB 3863 WilsonRelating to granting limited state law enforcement authority to certain federal officersor agents.

HB 4032 GuillenRelating to the permitting and taxation of certain boats and boat motors; imposing afee.

HB 4258 MurphyRelating to approval by the attorney general of certain bonds financing an educationalfacility for certain charter schools.

HB 4428 TinderholtRelating to the application for and expiration of a license to carry a handgun.

HB 4441 NeaveRelating to requests for certain information by the Texas Judicial Council regardingreductions of state jail felony punishment to misdemeanor punishment.

HB 4493 DeshotelRelating to supplemental environmental projects authorized by the Texas Commissionon Environmental Quality.

HB 4513 HunterRelating to employing and training mental health professionals for the mental healthprogram for veterans.

HB 4533 KlickRelating to the system redesign for delivery of Medicaid acute care services andlong-term services and supports to persons with an intellectual or developmentaldisability or with similar functional needs.

HB 4566 AllenRelating to the award of diligent participation credit to defendants confined in a statejail felony facility.

HCR 76 PriceRecognizing the first week of May 2019 as TD Awareness Week.


HCR 135 Bonnen, GregRelating to adopting a Joint Rule of the Senate and House of Representativesassigning to each bill passed by the legislature a legislative act number.

Respectfully,




Monday, May 13, 2019 - 3


Mr. President:



SB 239 Nelson Sponsor: ButtonRelating to meetings for certain special purpose districts.

SB 440 Hughes Sponsor: SchaeferRelating to a suit against The University of Texas at Tyler.

SB 746 Campbell Sponsor: CortezRelating to certain procedures associated with voter approval of municipalannexation.

SB 755 Hinojosa Sponsor: HerreroRelating to the administration, powers, and duties of certain navigation districts.

SB 871 Zaffirini Sponsor: CyrierRelating to the creation of the Caldwell County Municipal Utility District No. 2;granting a limited power of eminent domain; providing authority to issue bonds;providing authority to impose assessments, fees, and taxes.

SB 926 Hall Sponsor: MiddletonRelating to the operation of a public school transportation system in certain counties.(Committee Substitute)

SB 1234 Buckingham Sponsor: MurrRelating to the provision of food service, laundry service, and lawn care to certainmental health facilities and state supported living centers.

SB 1258 Buckingham Sponsor: MoodyRelating to the prosecution of limited liability companies and other business entitiesunder the Penal Code.


SB 1349 Watson Sponsor: HinojosaRelating to authorizing the sale of certain real property by the Texas FacilitiesCommission on behalf of the state.

SB 1500 Zaffirini Sponsor: VoRelating to repeal of the waiver of the right to judicial review of a wage claim.

SB 1565 Fallon Sponsor: SmithRelating to the medical authorization required to release protected health informationin a health care liability claim.

SB 1739 Menendez Sponsor: Lucio IIIRelating to payment for care provided by a chiropractor under certain health benefitplans; providing administrative penalties.

SB 1793 Zaffirini Sponsor: LongoriaRelating to purchasing and contracting by governmental entities; authorizing fees.(Amended)

SB 1794 Zaffirini Sponsor: LeachRelating to the calculation of costs in interagency contracts between certain stateagencies and the State Office of Administrative Hearings.

SB 1819 Campbell Sponsor: MinjarezRelating to designating May 8 as Military Spouse Appreciation Day.

SB 1835 Alvarado Sponsor: HernandezRelating to the creation of the Channelview Improvement District; providing authorityto issue bonds; providing authority to impose fees and taxes.(Committee Substitute)

SB 2245 Paxton Sponsor: LeachRelating to the enforcement of traffic regulations on a public road that is owned,operated, and maintained by a special district.

SB 2504 Creighton Sponsor: Bell, CecilRelating to the creation of the Magnolia Woods Municipal Utility District No. 1;granting a limited power of eminent domain; providing authority to issue bonds;providing authority to impose assessments, fees, and taxes.

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

HB 306 (104 Yeas, 1 Nays, 1 Present, not voting)







Respectfully,



MESSAGE FROM THE GOVERNOR

The following Message from the Governor was read and was referred to theCommittee on Nominations:

May 13, 2019Austin, Texas

TO THE SENATE OF THE EIGHTY-SIXTH LEGISLATURE, REGULARSESSION:

On January 17, 2019, I submitted the name of Robert D. Thomas forappointment to the Texas Workforce Commission for a term to expire February 1,2019.

Because he resigned, I hereby withdraw his nomination and request that theSenate return the appointment to me.

Respectfully submitted,

/s/Greg AbbottGovernor

SESSION TO CONSIDER EXECUTIVE APPOINTMENTS

The President announced the time had arrived to consider executiveappointments to agencies, boards, and commissions. Notice of submission of thesenames for consideration was given Friday, May 10, 2019, by Senator Buckingham.

Senator Buckingham moved confirmation of the nominees reported Friday by theCommittee on Nominations.

The President asked if there were requests to sever nominees.

There were no requests offered.

NOMINEES CONFIRMED

The following nominees, as reported by the Committee on Nominations, wereconfirmed by the following vote:iiYeasi31, Naysi0.

Judge, 18th Judicial District Court:iiSydney Beasley Hewlett, Johnson County.

Members, Advisory Committee to the Texas Board of Criminal Justice onOffenders with Medical or Mental Impairments:iiSanjay G. Adhia, Fort Bend County;Robb David Catalano, Tarrant County; James B. Eby, Wichita County; Trenton R.Marshall, Tarrant County; Denise Oncken, Harris County; Rogelio Cesar Rodriguez,El Paso County; Yolanda N. Waters, Galveston County.

Presiding Officer, Board of Directors, Cameron County Regional MobilityAuthority:iiFrank Parker, Cameron County.

Presiding Officer, Board of Directors, Camino Real Regional MobilityAuthority:iiJoyce A. Wilson, El Paso County.

Member, Board of Directors, Gulf Coast Authority:iiGloria Anays Milian Matt,Harris County.


Independent Ombudsman, Office of Independent Ombudsman for StateSupported Living Centers:iiGeorge Peter Bithos, Travis County.

Member, Risk Management Board, State Office of Risk Management:iiTomasGonzalez, El Paso County.

Member, State Pension Review Board:iiKeith Wallis Brainard, WilliamsonCounty.

Members, Board of Regents, The Texas A&M University System:iiJay CarltonGraham, Harris County; Michael Jay Plank, Harris County.

Member, Texas Alcoholic Beverage Commission:iiJason Everett Boatright,Dallas County.

Members, Texas Board of Chiropractic Examiners:iiMindy Rae Neal, ParmerCounty; Ebony Victoria Todd, Coryell County; Debra Lynne White, NacogdochesCounty; Scott Dale Wofford, Taylor County.

Members, Texas Board of Nursing:iiDoris Jean Jackson, Fort Bend County;Mazie Mathews Jamison, Dallas County; Melissa D. Schat, Hood County; VernaKathleen Shipp, Lubbock County; Kimberly Lynn Wright, Howard County.

Members, Texas Board of Physical Therapy Examiners:iiManuel AntonioDomenech, Travis County; Donivan Jay Hodge, Travis County; Barbara LouiseSanders, Travis County; Melissa Ann Skillern, Brazoria County.

Member, Texas Commission of Licensing and Regulation:iiNora Castaneda,Cameron County.

Members, State Board of Trustees, Texas Emergency Services RetirementSystem:iiEdward J. Keenan, Harris County; Rodney Alan Ryalls, Wichita County;Francisco R. Torres, Willacy County; Stephanie Lynn Wagner, Hays County.

Member, Texas Lottery Commission:iiMark Allen Franz, Travis County.

Members, Texas Optometry Board:iiMario Gutierrez, Bexar County; Ty HunterSheehan, Bexar County; Billy Craig Thompson, Collin County.

Members, Texas Physician Assistant Board:iiJennifer Lynn Clarner, HaysCounty; Lawrence G. Hughes, Denton County; Cameron Jordan McElhany, TravisCounty; Janith Kay Mills, Dallas County; John Stuart Scott, Tarrant County.

Members, Board of Directors, Texas State Affordable HousingCorporation:iiValerie Vargas Cardenas, Hidalgo County; William Henry Dietz,McLennan County; Courtney Johnson Rose, Fort Bend County; Laura Lillian Shipley,Travis County; Andy R. Williams, Tarrant County.

Member, Texas State Board of Acupuncture Examiners:iiRaymond Jay Graham,El Paso County.

Members, Texas State Board of Examiners of Marriage and FamilyTherapists:iiGeorge Franklin Francis, Williamson County; Lisa Vallie Merchant,Callahan County, Anthony Charles Scoma, Travis County; Richmond Earl Stoglin,Tarrant County.


Members, Texas State Board of Examiners of Professional Counselors:iiStevenWilson Hallbauer, Rockwall County; Roy Smith, Midland County; Carolyn JaneStubblefield, Dallas County.

Members, Texas State Board of Examiners of Psychologists:iiHerman BernardAdler, Harris County; Ryan Thomas Bridges, Harris County; Andoni Zagouris,Hidalgo County.

Members, Texas State Board of Social Worker Examiners:iiMegan MarieGraham, Lubbock County; Martha Rightmer Mosier, Brazos County; Audrey J.Ramsbacher, Bexar County.

Members, Board of Regents, Texas Woman ’s University:iiCarlos L. Gallardo,Denton County; Robert E. Hyde, Dallas County; Stacie Dieb McDavid, TarrantCounty; Mary Pincoffs Wilson, Travis County.

Member, Veterans ’Land Board:iiGerald Judson Scott, Travis CountyINTRODUCTION OF

BILLS AND RESOLUTIONS POSTPONED

The President announced that the introduction of bills and resolutions on firstreading would be postponed until the end of today ’s session.

There was no objection.

PHYSICIAN OF THE DAY

Senator Buckingham was recognized and presented Dr. Jocelyn Wilson ofTemple as the Physician of the Day.

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

RESOLUTIONS SIGNED

The President announced the signing of the following enrolled resolutions in thepresence of the Senate:iiSCRi21, SCRi60.

SENATE RESOLUTION 729

Senator Fallon offered the following resolution:

SR 729, Congratulating Joshua Moer on his selection as the 2018 Trooper of theYear.

The resolution was read and was adopted by a rising vote of the Senate.

GUESTS PRESENTED

Senator Fallon was recognized and introduced to the Senate Joshua Moer andwife, Camela; Jeffrey Jinks; Steven McCraw; Kristi Burchett; and Texas Departmentof Public Safety officers.

The Senate welcomed its guests.


SENATE RULE 11.13 SUSPENDED(Consideration of Bills in Committees)

(Motion In Writing)

Senator Hughes submitted the following Motion In Writing:

May 13, 2019

Mr. President:

I move suspension of Senate Rule 11.13 to permit the Conference Committee onHouse Bill 1 to meet during today ’s session.

HUGHES

The Motion In Writing was read and prevailed without objection.

GUESTS PRESENTED

Senator Hughes, joined by Senators Zaffirini and West, was recognized andintroduced to the Senate the family of Vatra Grace Solomon including Amy and SteveBresnen, Nila and Louis Williams, Mary Elen Williams, Jim and Jennifer Solomon,Andrew Solomon, and Connelly and Joey Breeland and their daughter Kate.

The Senate welcomed its guests and extended its sympathy.

CONCLUSION OF MORNING CALL

The President at 11:49 a.m. announced the conclusion of morning call.

COMMITTEEiiSUBSTITUTEHOUSE BILL 4071 ON SECOND READING

On motion of Senator Hinojosa and by unanimous consent, the regular order ofbusiness was suspended to take up for consideration CSHBi4071 at this time on itssecond reading:

CSHB 4071, Relating to directing payment, after approval, of certainmiscellaneous claims and judgments against the state out of funds designated by thisAct; making appropriations.

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 reading.

COMMITTEEiiSUBSTITUTEHOUSE BILL 4071 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 CSHBi4071 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.



On motion of Senator Perry and by unanimous consent, the regular order ofbusiness was suspended to take up for consideration CSHBi1483 at this time on itssecond reading:

CSHB 1483, Relating to a pilot program for assisting certain recipients of publicbenefits to gain permanent self-sufficiency.




Senator Perry moved that Senate Rule 7.18 and the Constitutional Rule requiringbills to be read on three several days be suspended and that CSHBi1483 be placed onits third reading and final passage.



HOUSE BILL 638 ON SECOND READING

On motion of Senator Powell and by unanimous consent, the regular order ofbusiness was suspended to take up for consideration HBi638 at this time on its secondreading:

HB 638, Relating to the issuance of posthumous high school diplomas to certainstudents.



HOUSE BILL 638 ON THIRD READING

Senator Powell moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that HBi638 beplaced on its third reading and final passage.



SENATE BILL 804 ON SECOND READING

On motion of Senator Rodrıguez and by unanimous consent, the regular order ofbusiness was suspended to take up for consideration SB 804 at this time on its secondreading:


SB 804, Relating to conditions of community supervision for defendantsconvicted of certain criminal offenses involving animals.

The bill was read second time.

Senator Perry offered the following amendment to the bill:

Floor Amendment No. 1

Amend SB 804 (senate committee printing) in SECTION 1 of the bill, inamended Article 42A.511(b), Code of Criminal Procedure (page 1, line 24), bystriking "42.09,".

The amendment to SB 804 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 804 as amended was passed to engrossment by a viva voce vote.

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

SENATE BILL 804 ON THIRD READING

Senator Rodrıguez moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that SBi804 beplaced on its third reading and final passage.



GUEST PRESENTED

Senator Flores was recognized and introduced to the Senate his daughter,Victoria Flores.

The Senate welcomed its guest.


Senator Creighton moved to suspend the regular order of business to take up forconsideration CSHBi2867 at this time on its second reading:

CSHB 2867, Relating to the creation of the Sam Houston State UniversityCollege of Osteopathic Medicine.

The motion prevailed.

Senator Campbell 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 third readingexcept as follows:

Nays:iiCampbell.



Senator Creighton moved that Senate Rule 7.18 and the Constitutional Rulerequiring bills to be read on three several days be suspended and that CSHBi2867 beplaced on its third reading and final passage.


Nays:iiCampbell.

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

COMMITTEEiiSUBSTITUTESENATE BILL 740 ON SECOND READING

Senator Hughes moved to suspend the regular order of business to take up forconsideration CSSBi740 at this time on its second reading:

CSSB 740, Relating to the creation of a state financing program administered bythe Texas Public Finance Authority to assist school districts with certain expenses;granting authority to issue bonds or other obligations.

The motion prevailed by the following vote:iiYeasi24, Naysi6, Present-notvotingi1.

Yeas:iiAlvarado, Birdwell, Buckingham, Campbell, Flores, Hinojosa, Huffman,Hughes, Johnson, Lucio, Menendez, Miles, Nelson, Nichols, Paxton, Perry, Powell,Rodrıguez, Schwertner, Seliger, Taylor, Watson, Whitmire, Zaffirini.

Nays:iiBettencourt, Creighton, Fallon, Hall, Hancock, Kolkhorst.

Present-not voting:iiWest.

The bill was read second time.

Senator Hughes offered the following amendment to the bill:


Amend CSSB 740 (senate committee printing) in SECTION 3 of the bill asfollows:

(1)iiIn the heading for added Section 1232.1031, Government Code (page 2, line43), between "ASSIST" and "SCHOOL", insert "CERTAIN".

(2)iiIn added Section 1232.1031, Government Code (page 2, between lines 55and 56) insert the following

(a-1)iiThe amount of obligations issued by the authority under this section mustbe for the benefit of school districts with an average daily attendance of 1,600students or fewer, as determined under Section 42.005, Education Code. Not morethan two percent of the obligations issued under this section may be for the benefit ofa single school district.

(3)iiIn added Section 1232.1031, Government Code (page 3, lines 22-28), strikeSubsection (h) and reletter subsequent subsections of the section accordingly.

The amendment to CSSB 740 was read and was adopted by a viva voce vote.


All Members are deemed to have voted "Yea" on the adoption of FloorAmendment No.i1 except as follows:


CSSB 740 as amended was passed to engrossment by the followingvote:iiYeasi24, Naysi6, Present-not votingi1.




COMMITTEEiiSUBSTITUTESENATE BILL 740 ON 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 CSSBi740 beplaced on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi24, Naysi6, Present-notvotingi1.




The bill was read third time and was passed by the following vote:iiYeasi24,Naysi6, Present-not votingi1. (Same as previous roll call)

SENATE BILL 586 WITH HOUSE AMENDMENT

Senator Watson called SBi586 from the President ’s table for consideration of theHouse amendment to the bill.

The President laid the bill and the House amendment before the Senate.

Amendment

Amend SBi586 by substituting in lieu thereof the following:

A BILLTO BE ENTITLEDAN ACT

relating to the training of peace officers for family violence and sexual assaultassignments.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:SECTIONi1.iiSection 1701.253(b), Occupations Code, is amended to read as

follows:(b)iiIn establishing requirements under this section, the commission shall require

courses and programs to provide training in:(1)iithe recognition, investigation, and documentation of cases that involve[:


[(A)]iichild abuse and [or] neglect, [;[(B)]iifamily violence, [;] and[(C)]iisexual assault, including the use of best practices and

trauma-informed response techniques to effectively recognize, investigate, anddocument those cases;

(2)iiissues concerning sex offender characteristics; and(3)iicrime victims ’ rights under Chapter 56, Code of Criminal Procedure,

and Chapter 57, Family Code, and the duty of law enforcement agencies to ensure thata victim is afforded those rights.

SECTIONi2.iiSection 1701.352(b), Occupations Code, is amended to read asfollows:

(b)iiThe commission shall require a state, county, special district, or municipalagency that appoints or employs peace officers to provide each peace officer with atraining program at least once every 48 months that is approved by the commissionand consists of:

(1)iitopics selected by the agency; and(2)iifor an officer holding only a basic proficiency certificate, not more than

20 hours of education and training that contain curricula incorporating the learningobjectives developed by the commission regarding:

(A)iicivil rights, racial sensitivity, and cultural diversity;(B)iide-escalation and crisis intervention techniques to facilitate

interaction with persons with mental impairments;(C)iide-escalation techniques to facilitate interaction with members of

the public, including techniques for limiting the use of force resulting in bodily injury;and

(D)iiunless determined by the agency head to be inconsistent with theofficer ’s assigned duties:

(i)iithe recognition, [and] documentation, and investigation of casesthat involve child abuse or neglect, family violence, and sexual assault, including theuse of best practices and trauma-informed techniques to effectively recognize,document, and investigate those cases; and

(ii)iiissues concerning sex offender characteristics.SECTIONi3.iiSubchapter I, Chapter 1701, Occupations Code, is amended by

adding Section 1701.4045 to read as follows:Sec.i1701.4045.iiCERTIFICATION OF OFFICERS FOR FAMILY VIOLENCE

AND SEXUAL ASSAULT ASSIGNMENTS. (a)iiThe commission by rule shallestablish minimum requirements for the training, testing, and certification of specialofficers for responding to allegations of family violence or sexual assault.

(b)iiThe commission may certify a peace officer as a special officer forresponding to allegations of family violence or sexual assault if the person:

(1)iicompletes an advanced training course administered by the commissionon recognizing, documenting, and investigating family violence and sexual assaultusing best practices and trauma-informed techniques; and

(2)iipasses an examination administered by the commission that is designedto test the person ’s:


(A)iiknowledge and recognition of the signs of family violence andsexual assault; and

(B)iiskill at documenting and investigating family violence and sexualassault using best practices and trauma-informed techniques.

(c)iiThe commission may issue a professional achievement or proficiencycertificate to a peace officer who meets the requirements of Subsection (b).

SECTIONi4.iiNot later than January 1, 2020, the Texas Commission on LawEnforcement shall establish the comprehensive education and training programrequired by Section 1701.253(b), Occupations Code, as amended by this Act.

SECTIONi5.iiAs soon as practicable after the effective date of this Act, theTexas Commission on Law Enforcement shall adopt rules necessary to implementSection 1701.4045, Occupations Code, as added by this Act.

SECTIONi6.iiThis Act takes effect September 1, 2019.

The amendment was read.

Senator Watson moved to concur in the House amendment to SBi586.


SENATE BILL 1055 WITH HOUSE AMENDMENT

Senator Zaffirini called SBi1055 from the President ’s table for consideration ofthe House amendment to the bill.

The President laid the bill and the House amendment before the Senate.


Amend SBi1055 (house committee report) as follows:(1)iiOn page 2, strike lines 5 and 6 and substitute the following:

(2)iibe a public, nonprofit, or private entity that is:(A)iiauthorized under the Education Code or other state law to grant a

high school diploma; or(B)iiaccredited by a regional accrediting body;

(2)iiOn page 3, line 19, strike "one Carnegie unit" and substitute "one credit".

The amendment was read.

Senator Zaffirini moved to concur in the House amendment to SBi1055.


Yeas:iiAlvarado, Birdwell, Buckingham, Campbell, Creighton, Fallon, Flores,Hall, Hancock, Hinojosa, Huffman, Johnson, Kolkhorst, Lucio, Menendez, Miles,Nelson, Nichols, Paxton, Perry, Powell, Rodrıguez, Schwertner, Seliger, Taylor,Watson, West, Whitmire, Zaffirini.

Nays:iiBettencourt, Hughes.

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 29 to Committee on Business and Commerce.


HB 37 to Committee on Criminal Justice.HB 201 to Committee on Business and Commerce.HB 292 to Committee on State Affairs.HB 297 to Committee on Finance.HB 324 to Committee on Criminal Justice.HB 388 to Committee on Property Tax.HB 769 to Committee on Education.HB 771 to Committee on Transportation.HB 831 to Committee on State Affairs.HB 838 to Committee on Transportation.HB 873 to Committee on Education.HB 1380 to Committee on State Affairs.HB 1381 to Committee on Criminal Justice.HB 1457 to Committee on Criminal Justice.HB 1469 to Committee on Natural Resources and Economic Development.HB 1493 to Committee on Transportation.HB 1607 to Committee on Finance.HB 1635 to Committee on Business and Commerce.HB 1662 to Committee on Criminal Justice.HB 1681 to Committee on Criminal Justice.HB 1686 to Committee on Criminal Justice.HB 1771 to Committee on State Affairs.HB 1782 to Committee on Health and Human Services.HB 1790 to Committee on State Affairs.HB 1791 to Committee on State Affairs.HB 1873 to Committee on Business and Commerce.HB 1938 to Committee on Transportation.HB 1992 to Committee on Business and Commerce.HB 2013 to Committee on Education.HB 2062 to Committee on Health and Human Services.HB 2143 to Committee on Business and Commerce.HB 2155 to Committee on Intergovernmental Relations.HB 2250 to Committee on Health and Human Services.HB 2272 to Committee on Natural Resources and Economic Development.HB 2366 to Committee on State Affairs.HB 2367 to Committee on Business and Commerce.HB 2463 to Committee on Water and Rural Affairs.HB 2504 to Committee on State Affairs.HB 2511 to Committee on Education.HB 2588 to Committee on Veteran Affairs and Border Security.HB 2609 to Committee on Education.HB 2613 to Committee on State Affairs.HB 2667 to Committee on Business and Commerce.HB 2671 to Committee on Intergovernmental Relations.HB 2782 to Committee on State Affairs.HB 2784 to Committee on Business and Commerce.


HB 2831 to Committee on State Affairs.HB 2835 to Committee on Transportation.HB 2863 to Committee on Transportation.HB 2978 to Committee on Business and Commerce.HB 3152 to Committee on Health and Human Services.HB 3307 to Committee on Health and Human Services.HB 3356 to Committee on Natural Resources and Economic Development.HB 3384 to Committee on Property Tax.HB 3390 to Committee on Health and Human Services.HB 3490 to Committee on State Affairs.HB 3511 to Committee on Education.HB 3704 to Committee on Health and Human Services.HB 3738 to Committee on Health and Human Services.HB 3750 to Committee on Intergovernmental Relations.HB 3755 to Committee on Transportation.HB 3810 to Committee on Business and Commerce.HB 3850 to Committee on Transportation.HB 3863 to Committee on State Affairs.HB 3879 to Committee on Veteran Affairs and Border Security.HB 3978 to Committee on Criminal Justice.HB 3984 to Committee on Business and Commerce.HB 4130 to Committee on State Affairs.HB 4348 to Committee on Health and Human Services.HB 4413 to Committee on Veteran Affairs and Border Security.HB 4441 to Committee on Criminal Justice.HB 4468 to Committee on Criminal Justice.HB 4533 to Committee on Health and Human Services.HB 4566 to Committee on Criminal Justice.HCR 133 to Committee on Higher Education.HCR 140 to Committee on Water and Rural Affairs.HJR 38 to Committee on Finance.

SENATE RULES SUSPENDED(Posting Rules)

On motion of Senator Perry and by unanimous consent, Senate Rule 11.10(a) andSenate Rule 11.18(a) were suspended in order that the Committee on Health andHuman Services might meet today.


On motion of Senator Hughes 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 and consider the following bills today:iiHBi3706, HBi292, SBi1978.



On motion of Senator Lucio and by unanimous consent, Senate Rule 11.10(a)and Senate Rule 11.18(a) were suspended in order that the Committee onIntergovernmental Relations might meet and consider HBi4742 tomorrow.

MOTION TO ADJOURN

On motion of Senator Whitmire and by unanimous consent, the Senate at12:46ip.m. agreed to adjourn, pending the receipt of Committee Reports, until 11:00a.m. tomorrow.

CO-AUTHOR OF SENATE BILL 2300

On motion of Senator Powell, Senator Miles will be shown as Co-author ofSBi2300.

CO-SPONSOR OF HOUSE BILL 25

On motion of Senator Zaffirini, Senator Lucio will be shown as Co-sponsor ofHBi25.


On motion of Senator Rodrıguez, Senator Zaffirini will be shown as Co-sponsorof HBi156.


On motion of Senator Kolkhorst, Senator Zaffirini will be shown as Co-sponsorof HBi253.


On motion of Senator Paxton, Senator Zaffirini will be shown as Co-sponsor ofHBi381.


On motion of Senator Miles, Senator West will be shown as Co-sponsor ofHBi519.


On motion of Senator Powell, Senator Zaffirini will be shown as Co-sponsor ofHBi700.


On motion of Senator Hughes, Senator Zaffirini will be shown as Co-sponsor ofHBi869.


On motion of Senator Miles, Senator West will be shown as Co-sponsor ofHBi1139.



On motion of Senator Menendez, Senator Miles will be shown as Co-sponsor ofHBi1465.


On motion of Senator Perry, Senator Bettencourt will be shown as Co-sponsor ofHBi1483.


On motion of Senator Hancock, Senator Zaffirini will be shown as Co-sponsor ofHBi1702.


On motion of Senator Bettencourt, Senator Zaffirini will be shown as Co-sponsorof HBi1965.


On motion of Senator Paxton, Senator Birdwell will be shown as Co-sponsor ofHBi2441.


On motion of Senator Hughes, Senator Whitmire will be shown as Co-sponsor ofHBi2817.


On motion of Senator Watson, Senator Hughes will be shown as Co-sponsor ofHBi3809.

CO-SPONSOR OF HOUSE CONCURRENT RESOLUTION 42

On motion of Senator Alvarado, Senator Zaffirini will be shown as Co-sponsorof HCRi42.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolutions

SRi735iby Hughes, Hinojosa, Seliger, Watson, West, Whitmire, and Zaffirini,iInmemory of Vatra Grace Solomon.

SRi736iby Hughes,iIn memory of Aaron A. Ard.

HCRi169i(Fallon),iIn memory of Olin "Cliff" Hand of Royse City.

Congratulatory Resolutions

SRi687iby Taylor,iRecognizing M. Theron Waddell on the occasion of his retirement.

SRi731iby Campbell,iRecognizing Andrea McWilliams for being named TexasBusinesswoman of the Year by the Women ’s Chamber of Commerce of Texas.SRi734iby Hinojosa,iRecognizing John P. LaRue on the occasion of his retirement.


ADJOURNMENT

Pursuant to a previously adopted motion, the Senate at 10:00ia.m. Tuesday, May14, 2019, adjourned until 11:00ia.m. today.

AAAPPENDIXAA

COMMITTEE REPORTS

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

May 13, 2019

CRIMINAL JUSTICE — CSSBi1492

ADMINISTRATION— HCRi131, HBi2586, HCRi137

NATURAL RESOURCES AND ECONOMIC DEVELOPMENT— CSHBi2402

STATE AFFAIRS — CSHBi2164, CSHBi88, CSHBi872, CSHBi1028

HIGHER EDUCATION— CSHBi1277, CSHBi1735

PROPERTY TAX— HBi1060, HBi861, HBi639, HBi1652, HBi1815, CSHBi994

AGRICULTURE— CSHBi1325

WATER AND RURAL AFFAIRS — HBi1574, HBi3366, HBi2914, HBi4690,HBi2202, HBi191, HBi2846, HBi1537, HBi137, HBi2305, HBi2340, HBi1824

TRANSPORTATION— HBi23

STATE AFFAIRS — SBi1978

TRANSPORTATION — HBi345, HBi519, HBi587, HBi635, HBi819, HBi884,HBi1542, HBi1605, HBi2167, HBi2188, HBi2331, HBi2571, HBi2577, HBi2643,HBi2830, HBi3471, HBi3671, HBi3780, HBi4280, HBi4727

HEALTH AND HUMAN SERVICES — CSHBi16, CSHBi123

FINANCE — HBi2065, HBi2256, HBi2358, HBi3386, HBi3475, HBi4611,HBi4614, HJRi151

HEALTH AND HUMAN SERVICES — CSHBi10

INTERGOVERNMENTAL RELATIONS — HBi2461, HBi1973, HBi1136

HEALTH AND HUMAN SERVICES — CSHBi1070

INTERGOVERNMENTAL RELATIONS — HBi837

EDUCATION— CSHBi906


BILLS ENGROSSED

May 10, 2019

SBi139, SBi207, SBi293, SBi732, SBi869, SBi947, SBi1145, SBi1294, SBi1315,SBi1543, SBi1570, SBi1623, SBi1637, SBi1689, SBi1987, SBi2011, SBi2083

RESOLUTIONS ENROLLED

May 10, 2019

SCRi21, SCRi60, SRi728, SRi730

SENT TO GOVERNOR

May 13, 2019

SCRi21, SCRi60


Documents

Monday, May 13, 2019-52nd Day - Texas