SENATE JOURNAL EIGHTY-FIFTH LEGISLATURE REGULAR SESSION AUSTIN, TEXAS PROCEEDINGS

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1 SENATE JOURNAL EIGHTY-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 by Senator 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, Menéndez, Miles, Nelson, Nichols, Perry, Rodríguez, 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 Senator Taylor of Collin and offered the invocation as follows: Heavenly Father, for as high as the heavens are above the Earth, so great is Your faithful love toward those who fear You. As far as the East is from the West, so far have You removed our transgressions from us. As a father has compassion on his children, so You, Lord, have compassion on those who fear You. For You know what we are made of, remember that we are dust. (Psalms 103:11-14) Because You are who You are as God and we are who we are as humans, I pray that each of these leaders would humble themselves before You and acknowledge they need You, Your wisdom, and guidance. Thank You, Father, for these leaders, their sacrifices and service to the people of Texas. May You bless them and their families. Father, You have given each of us life, liberty, and love. So, I pray, please help these leaders to use these gifts to honor You, to help others, and to create a better state, 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. I pray for all these leaders, in Jesus name. Amen. Senator Whitmire moved that the reading of the Journal of the proceedings of the previous day be dispensed with and the Journal be approved as printed. The motion prevailed without objection.

2 th Legislature Regular Session 52nd Day MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas Monday, May 8, The Honorable President of the Senate Senate Chamber Austin, Texas Mr. President: I am directed by the house to inform the senate that the house has taken the following action: THE HOUSE HAS PASSED THE FOLLOWING MEASURES: HB 25 Simmons Relating to the elimination of straight-party voting. HB 45 Flynn Relating to requiring the Texas Supreme Court to adopt rules and provide judicial instruction regarding the application of foreign laws in certain family law cases. HB 117 White Relating to ethyl alcohol monitoring as a condition of community supervision for certain intoxication offenses; authorizing the imposition of costs. HB 168 Lucio III Relating to creating a voluntary program to recognize licensed before-school and after-school programs that promote healthy eating and physical activity. HB 337 Collier Relating to the continuation of certain public benefits, including medical assistance benefits, for individuals after release from confinement in a county jail. HB 362 Moody Relating to the procedure for rearrest and adjustment of the bond amount in certain criminal cases. HB 550 Guillen Relating to sound-producing devices on vessels. HB 553 White Relating to the creation of a task force to identify opportunities for academic credit and industry recognition for inmates of the Texas Department of Criminal Justice. HB 557 Collier Relating to the expunction of arrest records and files for certain persons who are tried for an offense and subsequently acquitted; authorizing a fee. HB 590 Bohac Relating to the liability of first responders who provide roadside assistance.

3 Monday, May 8, 2017 SENATE JOURNAL 1693 HB 639 Anderson, Charles "Doc" Relating to authorizing the purchase of certain insurance coverage by public schools for the benefit of businesses and students participating in career and technology programs and providing for immunity from liability of certain public school students participating in career and technology programs. HB 715 Wu Relating to the occurrence on certain premises of certain activities that may constitute a common nuisance. HB 785 Raney Relating to the provision of embryo donation information. HB 972 Giddings Relating to the assignment of a public school student to an uncertified teacher. HB 998 Alvarado Relating to the confidentiality of certain information stored as part of the preparation of campaign finance reports required to be filed with the clerk of certain counties or municipalities. HB 1036 Thompson, Senfronia Relating to coverage for certain breast cancer screening procedures under certain health benefit plans. HB 1055 Burkett Relating to a limitation on the amount of certain licensing fees charged by state agencies. HB 1066 Thompson, Senfronia Relating to the collection of certain judgments through court proceeding. HB 1075 Thompson, Ed Relating to the frequency of criminal background checks for sports officials registered with the University Interscholastic League. HB 1174 Hinojosa, Gina Relating to indicators of achievement under the public school accountability system. HB 1216 Deshotel Relating to disclosure regarding the existence of a gestational agreement in a suit for the dissolution of a marriage and standing of an intended parent under a gestational agreement to file a suit affecting the parent-child relationship. HB 1217 Parker Relating to appointment of and performance of notarial acts by an online notary public and online acknowledgment and proof of written instruments; authorizing a fee and creating a criminal offense. HB 1249 Goldman Relating to a prohibition of certain motor vehicles resembling emergency medical services vehicles; creating a criminal offense.

4 th Legislature Regular Session 52nd Day HB 1290 Roberts Relating to the required repeal of a state agency rule before adoption of a new state agency rule. HB 1291 Geren Relating to the inclusion of American principles in the public school curriculum and instructional materials. HB 1298 Frullo Relating to the definition of commercial property insurance for purposes of certain provisions governing insurance rates and policy forms. HB 1463 Smithee Relating to procedures for actions alleging failure to comply with certain standards to accommodate persons with disabilities. HB 1472 Capriglione Relating to investment by a public junior college district of public funds received from the management and development of mineral rights. HB 1507 Giddings Relating to the rights of certain defendants who successfully complete a term of community supervision. HB 1515 Elkins Relating to the expiration of the dry cleaner environmental response program. HB 1522 White Relating to a task force to coordinate and make recommendations on parent engagement and education programs provided by state agencies. HB 1549 Burkett Relating to the provision of services by the Department of Family and Protective Services, including child protective services and prevention and early intervention services. HB 1605 Blanco Relating to the powers and duties of the Department of Information Resources regarding cybersecurity. HB 1630 Dale Relating to the approval of expenditures for the Texas Military Department. HB 1693 Dean Relating to documentation for a motor vehicle title. HB 1730 Cyrier Relating to certification of the state s primary standards of weights and measures. HB 1744 Murr Relating to the payment of certain costs associated with certain assignments of a statutory probate court judge. HB 1774 Bonnen, Greg Relating to actions on and liability associated with certain insurance claims.

5 Monday, May 8, 2017 SENATE JOURNAL 1695 HB 1784 Faircloth Relating to the period during which an action alleging a violation of the open meetings law may be brought. HB 1819 Springer Relating to the criminal consequences of engaging in certain conduct with respect to a firearm silencer. HB 1866 Geren Relating to compensation and restitution to crime victims and the disposition of unclaimed restitution payments; providing for an administrative penalty; authorizing a fee. HB 1877 Murr Relating to a penalty for independent executors who misrepresent in an affidavit in lieu of the inventory, appraisement, and list of claims that certain beneficiaries received the inventory and appraisement. HB 1884 Anderson, Charles "Doc" Relating to the penalties for certain littering offenses. HB 1891 Nevárez Relating to a documented member of the Kickapoo Traditional Tribe of Texas hunting certain deer. HB 1944 Murphy Relating to captive insurance companies. HB 1946 Parker Relating to the incontestability of certain contracts or leases submitted to the attorney general by certain water districts. HB 1957 Laubenberg Relating to the treatment of political contributions by a person s spouse under the Judicial Campaign Fairness Act. HB 1986 Martinez, "Mando" Relating to the creation of regional transit authorities; granting the power of eminent domain; providing authority to issue bonds and charge fees; creating a criminal offense. HB 1988 Larson Relating to the use of emergency engine cutoff switches on motorboats. HB 1999 Israel Relating to a violation regarding the purchase, possession, or consumption of alcoholic 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 Cosper Relating to deferred presentment transactions made to military borrowers.

6 th Legislature Regular Session 52nd Day HB 2068 Phillips Relating to the repeal of the driver responsibility program and the amount and allocation of state traffic fine funds; authorizing and increasing criminal fines. HB 2079 Hunter Relating to the promotion of tourism related to the musical heritage of this state. HB 2119 Kacal Relating to workers compensation death benefit eligibility for certain spouses of first responders killed in the line of duty. HB 2223 Giddings Relating to developmental coursework offered by public institutions of higher education under the Texas Success Initiative. HB 2262 Gooden Relating to health benefit plan coverage for accelerated refills of certain prescription eye drops. HB 2277 Darby Relating to the temporary exemption or tax reduction for certain high-cost gas. HB 2285 Thompson, Ed Relating to the establishment of the Texas Institute for Coastal Prairie Research and Education at the University of Houston. HB 2305 Guillen Relating to the operations, reports, records, communications, information technology, and notice procedures of state agencies and to the electronic publication of certain state legal materials. HB 2306 Guillen Relating to the use of auction proceeds from the sale of certain abandoned motor vehicles to reimburse law enforcement agencies for compensation paid to certain property owners. HB 2359 Ortega Relating to common nuisances. HB 2373 Miller Relating to the period for filing a claim for reimbursement for certain ancillary services under the Medicaid program. HB 2409 Raney Relating to wage requirements for community rehabilitation programs participating in the purchasing from people with disabilities program. HB 2425 Price Relating to a requirement that a hospital allow a patient to designate a caregiver to receive aftercare instruction regarding the patient. HB 2463 Price Relating to requiring state agencies to develop written succession plans.

7 Monday, May 8, 2017 SENATE JOURNAL 1697 HB 2466 Davis, Sarah Relating to coverage for certain services related to maternal depression under the Medicaid and child health plan programs. HB 2486 Stucky Relating to restoration of the position of public employees when relieved of duty from the Texas military forces or a similar unit. HB 2492 Frullo Relating to domestic surplus lines insurers; authorizing and imposing a tax. HB 2508 Kuempel Relating to the licensing and regulation of tow truck companies, tow truck operators, vehicle storage facilities, and vehicle storage facility employees, the regulation of parking facilities and parking facility owners, and the elimination of required state licensing for vehicle booting companies and operators. HB 2662 Landgraf Relating to the Texas Low-Level Radioactive Waste Disposal Compact waste disposal facility. HB 2770 Smithee Relating to the declaration of a common nuisance involving a computer network or web address. HB 2776 Smithee Relating to the right of certain appellants to supersede a judgment or order on appeal. HB 2832 Oliveira Relating to notice by a property owner to a mortgage servicer that the owner intends to enter into a contract with a property tax lender. HB 2880 Dutton Relating to the criminal punishment for the threatened exhibition or use of a firearm in or 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 on parole. HB 2993 Phillips Relating to the public transportation advisory committee. HB 3019 Burkett Relating to the prosecution for the offense of injury to a child, elderly individual, or disabled individual. HB 3056 Meyer Relating to the participation in the Texas Municipal Retirement System of certain employees of certain municipalities subject to the Texas Local Fire Fighters Retirement Act. HB 3078 Thompson, Senfronia Relating to transfer of the regulation of podiatry to the Texas Department of Licensing and Regulation; authorizing a reduction in fees.

8 th Legislature Regular Session 52nd Day HB 3124 Gooden Relating to certain physician-specific comparison data compiled by a health benefit plan issuer, including the release of that data to physicians participating in certain physician-led organizations. HB 3125 Kuempel Relating to charitable raffles conducted by the charitable foundations of certain professional sports teams. HB 3131 Martinez, "Mando" Relating to the disposal of certain motor vehicles to a motor vehicle demolisher; increasing a fee. HB 3151 Sheffield Relating to demonstration projects to coordinate eligibility renewal and eligibility recertification for certain children in the Medicaid and child health plan programs. HB 3166 Lucio III Relating to the consideration of modeled sustainable groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. HB 3189 Bonnen, Dennis Relating to the reporting of and access to information related to court-ordered prescription drug substance abuse treatment; providing a criminal penalty. HB 3223 Goldman Relating to liability for the sale or transfer of law enforcement vehicles before removal of certain equipment and insignia; providing civil penalties. HB 3227 King, Tracy O. Relating to the administration and enforcement of produce safety standards by the Department of Agriculture; authorizing an administrative penalty. HB 3232 Darby Relating to the penalty imposed on certain delinquent oil and gas severance taxes. HB 3304 King, Ken Relating to health benefit plan coverage for ovarian cancer testing and screening. HB 3305 Larson Relating to restrictions on certain contributions by persons appointed to public office by the governor; creating a criminal offense. HB 3306 Kuempel Relating to the regulation of motor vehicle towing, booting, and storage and to the elimination 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 Cook Relating to the Fairfield Hospital District. HB 3488 Hinojosa, Gina Relating to authorizing public benefit corporations.

9 Monday, May 8, 2017 SENATE JOURNAL 1699 HB 3649 Herrero Relating to confidential communications of victims of certain family violence offenses. HB 3781 Phelan Relating to the uses of the lifetime license endowment account by the Parks and Wildlife Department. HB 3969 King, Ken Relating to a study regarding the feasibility of implementing a central filing system for the filing of financing statements for agricultural liens. HB 4032 Phillips Relating to annual limitations on the reimbursement of expenses incurred by district court reporters. HB 4052 Murphy Relating to the exemption of certain services performed by certain employees from the sales and use tax. HB 4102 Neave Relating to establishing and funding a grant program for testing evidence collected in relation to sexual assaults or other sex offenses; authorizing voluntary contributions. HB 4180 Coleman Relating to issues affecting counties and certain other governmental entities and residents. HCR 106 Deshotel Urging Congress to provide sufficient federal funding for the construction of a storm surge barrier along the Texas coast. HCR 137 Klick Commemorating the 25th anniversary of the unconventional ratification of the 27th Amendment to the United States Constitution. HJR 100 Kuempel Proposing a constitutional amendment on professional sports team charitable foundations conducting charitable raffles. SB 24 Huffman Sponsor: Geren Relating to a privilege from disclosure to governmental units for certain evidence concerning sermons delivered by a religious leader. SB 256 Taylor, Van Sponsor: Hunter Relating to the confidentiality of home address information of certain victims of family violence, sexual assault or abuse, stalking, or trafficking of persons. SB 561 Hancock Sponsor: Smithee Relating to the identification and handling of unclaimed life insurance and annuity contract proceeds. SB 1459 Hinojosa Sponsor: Martinez, "Mando" Relating to incentives to encourage landowners to destroy, remove, or treat citrus trees located in a pest management zone.

10 th Legislature Regular Session 52nd Day SB 1533 Rodríguez Sponsor: Moody Relating to mental health first aid training for university employees. SB 1871 Zaffirini Sponsor: Raymond Relating to the creation of the offense of theft of petroleum products. SB 1955 Hughes Sponsor: Wray Relating to expunction of a notice of lis pendens. SB 1976 Whitmire Sponsor: Paddie Relating to benefit programs provided by retail electric providers and certificated telecommunications utilities for low-income customers. SB 2105 Miles Sponsor: Johnson, Jarvis Relating to the requirement that the Texas Workforce Commission provide certain employment information for secondary school students. SJR 60 Hancock Sponsor: Parker Proposing a constitutional amendment establishing a lower amount for expenses that can be charged to a borrower and removing certain financing expense limitations for a home equity loan, establishing certain authorized lenders to make a home equity loan, changing certain options for the refinancing of home equity loans, changing the threshold for an advance of a home equity line of credit, and allowing home equity loans on agricultural homesteads. THE HOUSE HAS CONCURRED IN THE SENATE AMENDMENTS TO THE FOLLOWING MEASURES: HB 1982 (143 Yeas, 0 Nays, 2 Present, not voting) Respectfully, /s/robert Haney, Chief Clerk House of Representatives INTRODUCTION OF BILLS AND RESOLUTIONS POSTPONED The Presiding Officer announced that the introduction of bills and resolutions on first 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. SENATE BILL 1886 ON SECOND READING On motion of Senator Bettencourt and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi1886 at this time on its second reading: CSSBi1886, Relating to the oversight of public education, including the creation of the office of inspector general at the Texas Education Agency.

11 Monday, May 8, 2017 SENATE JOURNAL 1701 The bill was read second time and was passed to engrossment by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to engrossment. SENATE BILL 1886 ON THIRD READING Senator Bettencourt moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi1886 be placed 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 for consideration HBi1140 at this time on its second reading: HB 1140, Relating to the allocation categories for state funding of public transportation. The motion prevailed. Senator Burton asked to be recorded as voting "Nay" on suspension of the regular order of business. The bill was read second time and was passed to third reading by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to third reading except as follows: Nays:iiBurton. HOUSE BILL 1140 ON THIRD READING Senator Hinojosa moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi1140 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi30, Naysi1. 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 order of business was suspended to take up for consideration SB 631 at this time on its second reading: SB 631, Relating to venue for the disposition of stolen property. The bill was read second time.

12 th Legislature Regular Session 52nd Day 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 of Criminal Procedure (page 1, between lines 52 and 53), insert the following: (e)iithe person who has the superior right to possession of the property, as determined in a hearing under Subsection (a), is responsible for any transportation necessary 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), and substitute 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 of Criminal Procedure (page 2, between lines 5 and 6), insert the following: (c)iithe owner of the property is responsible for any transportation necessary to restore 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 Floor Amendment No. 1. SB 631 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 631 ON THIRD READING Senator Buckingham moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi631 be placed 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. GUESTS PRESENTED Senator Campbell was recognized and introduced to the Senate Honorary Senate Pages Trent Warwick, Taylor Schmidt, and Andrea Mosher and their families. The Senate welcomed its guests. HOUSE BILL 1995 ON SECOND READING On motion of Senator Hughes and by unanimous consent, the regular order of business was suspended to take up for consideration HBi1995 at this time on its second reading:

13 Monday, May 8, 2017 SENATE JOURNAL 1703 HB 1995, Relating to the Texas Uniform Trade Secrets Act. The bill was read second time and was passed to third reading by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to third reading. HOUSE BILL 1995 ON THIRD READING Senator Hughes moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi1995 be placed 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 890 ON SECOND READING Senator Estes moved to suspend the regular order of business to take up for consideration HBi890 at this time on its second reading: HB 890, Relating to providing information to the public and to purchasers of real property regarding the impact of military installations. The motion prevailed. Senators Burton and Hughes asked to be recorded as voting "Nay" on suspension of the regular order of business. The bill was read second time and was passed to third reading by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to third reading except as follows: Nays:iiBurton, Hughes. HOUSE BILL 890 ON THIRD READING Senator Estes moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi890 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi29, Naysi2. Yeas:iiBettencourt, Birdwell, Buckingham, Campbell, Creighton, Estes, Garcia, Hall, Hancock, Hinojosa, Huffines, Huffman, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Perry, Rodríguez, Schwertner, Seliger, Taylor of Galveston, Taylor of 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)

14 th Legislature Regular Session 52nd Day PHYSICIAN OF THE DAY Senator Zaffirini was recognized and presented Dr. Horacio Ramirez of Hebbronville as the Physician of the Day. The Senate welcomed Dr. Ramirez and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians. SENATE BILL 1067 ON SECOND READING Senator Schwertner moved to suspend the regular order of business to take up for consideration SBi1067 at this time on its second reading: SB 1067, Relating to the dissolution of the Chisholm Trail Special Utility District. The motion prevailed. Senator Buckingham asked to be recorded as voting "Nay" on suspension of the regular order of business. The bill was read second time and was passed to engrossment by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to engrossment except as follows: Nays:iiBuckingham. SENATE BILL 1067 ON THIRD READING Senator Schwertner moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi1067 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi30, Naysi1. Nays:iiBuckingham. The bill was read third time and was passed by the following vote:iiyeasi30, Naysi1. (Same as previous roll call) SENATE BILL 255 ON SECOND READING Senator Zaffirini moved to suspend the regular order of business to take up for consideration CSSBi255 at this time on its second reading: CSSB 255, Relating to training for governmental entities and vendors, including purchasing and contract management training; authorizing fees. The motion prevailed. Senators Bettencourt, Hall, and Taylor of Collin asked to be recorded as voting "Nay" on suspension of the regular order of business. The bill was read second time and was passed to engrossment by a viva voce vote.

15 Monday, May 8, 2017 SENATE JOURNAL 1705 All Members are deemed to have voted "Yea" on the passage to engrossment except as follows: Nays:iiBettencourt, Hall, Taylor of Collin. SENATE BILL 255 ON THIRD READING Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi255 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi28, Naysi3. Yeas:iiBirdwell, Buckingham, Burton, Campbell, Creighton, Estes, Garcia, Hancock, Hinojosa, Huffines, Huffman, Hughes, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Perry, Rodríguez, Schwertner, Seliger, Taylor of Galveston, Uresti, Watson, West, Whitmire, Zaffirini. Nays:iiBettencourt, Hall, Taylor of Collin. The bill was read third time and was passed by the following vote:iiyeasi28, Naysi3. (Same as previous roll call) SENATE BILL 1980 ON SECOND READING On motion of Senator Schwertner and by unanimous consent, the regular order of business was suspended to take up for consideration SBi1980 at this time on its second reading: SB 1980, Relating to performance bonds for certain public improvements in certain municipalities. The bill was read second time and was passed to engrossment by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to engrossment. SENATE BILL 1980 ON THIRD READING Senator Schwertner moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi1980 be placed 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. SENATE BILL 1656 ON SECOND READING Senator Watson moved to suspend the regular order of business to take up for consideration SBi1656 at this time on its second reading: SB 1656, Relating to the eligibility of certain municipalities to establish homestead preservation districts and reinvestment zones. The motion prevailed by the following vote:iiyeasi24, Naysi7.

16 th Legislature Regular Session 52nd Day Yeas:iiBettencourt, Birdwell, Buckingham, Campbell, Estes, Garcia, Hinojosa, Huffman, Hughes, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Perry, Rodríguez, Seliger, Taylor of Galveston, Uresti, Watson, West, Whitmire, Zaffirini. Nays:iiBurton, Creighton, Hall, Hancock, Huffines, Schwertner, Taylor of Collin. The bill was read second time and was passed to engrossment by the following vote:iiyeasi24, Naysi7.ii(Same as previous roll call) SENATE BILL 1656 ON THIRD READING Senator Watson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi1656 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi25, Naysi6. Yeas:iiBettencourt, Birdwell, Buckingham, Campbell, Estes, Garcia, Hinojosa, Huffman, Hughes, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Perry, Rodríguez, Schwertner, Seliger, Taylor of Galveston, Uresti, Watson, West, Whitmire, Zaffirini. Nays:iiBurton, Creighton, Hall, Hancock, Huffines, Taylor of Collin. The bill was read third time and was passed by the following vote:iiyeasi24, Naysi7. Yeas:iiBettencourt, Birdwell, Buckingham, Campbell, Estes, Garcia, Hinojosa, Huffman, Hughes, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Perry, Rodríguez, Seliger, Taylor of Galveston, Uresti, Watson, West, Whitmire, Zaffirini. Nays:iiBurton, Creighton, Hall, Hancock, Huffines, Schwertner, Taylor of Collin. SENATE BILL 2243 ON SECOND READING Senator Buckingham moved to suspend the regular order of business to take up for consideration SBi2243 at this time on its second reading: SB 2243, Relating to the powers and duties and election of the board of directors of the West Travis County Municipal Utility District No. 3. The motion prevailed. Senator Huffines asked to be recorded as "Present-not voting" on suspension of the regular order of business. The bill was read second time and was passed to engrossment by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to engrossment except as follows: Present-not voting:iihuffines.

17 Monday, May 8, 2017 SENATE JOURNAL 1707 SENATE BILL 2243 ON THIRD READING Senator Buckingham moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi2243 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi30, Naysi0, Present-not votingi1. Present-not voting:iihuffines. The bill was read third time and was passed by the following vote:iiyeasi30, Naysi0, Present-not votingi1.ii(same as previous roll call) SENATE BILL 965 ON SECOND READING Senator Zaffirini moved to suspend the regular order of business to take up for consideration CSSBi965 at this time on its second reading: CSSB 965, Relating to the authority of certain counties to designate a county water recreation safety zone along certain rivers; authorizing a fee. The motion prevailed by the following vote:iiyeasi23, Naysi8. Yeas:iiBirdwell, Buckingham, Campbell, Creighton, Estes, Garcia, Hinojosa, Huffman, Hughes, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Rodríguez, Schwertner, Seliger, Taylor of Galveston, Uresti, Watson, West, Whitmire, Zaffirini. Nays:iiBettencourt, Burton, Hall, Hancock, Huffines, Nichols, Perry, Taylor of Collin. The bill was read second time. Senator Zaffirini offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 965 (senate committee report), in SECTION 1 of the bill, as follows: (1)iiStrike added Section , Local Government Code (page 1, lines 28 through 32), and substitute the following: Sec.i iiAPPLICABILITY. This chapter applies only to a county that borders or includes all or part of a river with headwaters located on the campus of an institution of the Texas State University System. (2)iiIn added Section , Local Government Code (page 1, line 44), between "ZONE." and "The", insert "(a)". (3)iiFollowing added Section , 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 this subchapter unless the commissioners court first complies with the requirements of Sections , , , and (4)iiIn added Section (a), Local Government Code (page 2, line 24), strike "may" and substitute "shall".

18 th Legislature Regular Session 52nd Day (5)iiIn added Chapter 328, Local Government Code (page 3, between lines 53 and 54), add the following appropriately designated subchapter and section: SUBCHAPTER. EXPIRATION OF AUTHORITY TO DESIGNATE ZONE Sec.i328..iiEXPIRATION OF AUTHORITY TO DESIGNATE ZONE. A commissioners 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. All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1. CSSB 965 as amended was passed to engrossment by the following vote:iiyeasi23, Naysi8. Yeas:iiBirdwell, Buckingham, Campbell, Creighton, Estes, Garcia, Hinojosa, Huffman, Hughes, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Rodríguez, Schwertner, Seliger, Taylor of Galveston, Uresti, Watson, West, Whitmire, Zaffirini. Nays:iiBettencourt, Burton, Hall, Hancock, Huffines, Nichols, Perry, Taylor of Collin. SENATE BILL 965 ON THIRD READING Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi965 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi25, Naysi6. Yeas:iiBettencourt, Birdwell, Buckingham, Campbell, Creighton, Estes, Garcia, Hinojosa, Huffman, Hughes, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Rodríguez, Schwertner, Seliger, Taylor of Galveston, Taylor of Collin, Uresti, Watson, West, Whitmire, Zaffirini. Nays:iiBurton, Hall, Hancock, Huffines, Nichols, Perry. The bill was read third time and was passed by the following vote:iiyeasi23, Naysi8. Yeas:iiBirdwell, Buckingham, Campbell, Creighton, Estes, Garcia, Hinojosa, Huffman, Hughes, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Rodríguez, Schwertner, Seliger, Taylor of Galveston, Uresti, Watson, West, Whitmire, Zaffirini. Nays:iiBettencourt, Burton, Hall, Hancock, Huffines, Nichols, Perry, Taylor of Collin. SENATE BILL 195 ON SECOND READING Senator Garcia moved to suspend the regular order of business to take up for consideration CSSBi195 at this time on its second reading: CSSB 195, Relating to funding under the transportation allotment for public school students subject to a high risk of violence while walking to school.

19 Monday, May 8, 2017 SENATE JOURNAL 1709 The motion prevailed by the following vote:iiyeasi23, Naysi8. Yeas:iiBuckingham, Campbell, Creighton, Estes, Garcia, Hall, Hinojosa, Huffines, Huffman, Hughes, Lucio, Menéndez, Miles, Nichols, Perry, Rodríguez, Seliger, Taylor of Galveston, Uresti, Watson, West, Whitmire, Zaffirini. Nays:iiBettencourt, Birdwell, Burton, Hancock, Kolkhorst, Nelson, Schwertner, Taylor of Collin. The bill was read second time. Senator Garcia offered the following amendment to the bill: Floor Amendment No. 1 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 (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 allotment to be used for the transportation of children living within two miles of the school they attend who would be subject to hazardous traffic conditions or a high risk of violence if they walked to school. (3)iiIn SECTION 1 of the bill, in added Section (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 of violence must, in addition to the explanation required by this subsection, provide the commissioner with consolidated law enforcement records that document violent crimes identified by reporting agencies within the relevant jurisdiction. (4)iiIn SECTION 1 of the bill, following added Section (d-1), Education Code (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 under Subsection (d) to support community walking transportation programs, including walking school bus programs, provided that the district or county requires each supported program to submit a financial report to the district or county each semester that 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 subsequent SECTIONS of the bill accordingly. The amendment to CSSB 195 was read. On motion of Senator Garcia, further consideration of CSSBi195 was temporarily postponed. Question:iiShall Floor Amendment No. 1 to CSSBi195 be adopted? SENATE BILL 2244 ON SECOND READING Senator West moved to suspend the regular order of business to take up for consideration CSSBi2244 at this time on its second reading:

20 th Legislature Regular Session 52nd Day CSSB 2244, Relating to the creation of the University Hills Municipal Management District; providing authority to issue bonds; providing authority to impose assessments or fees. The motion prevailed. Senator Hall asked to be recorded as voting "Nay" on suspension of the regular order of business. Senator Huffines asked to be recorded as "Present-not voting" on suspension of the regular order of business. The bill was read second time and was passed to engrossment by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to engrossment except as follows: Nays:iiHall. Present-not voting:iihuffines. SENATE BILL 2244 ON THIRD READING Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi2244 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi29, Naysi1, Present-not votingi1. Yeas:iiBettencourt, Birdwell, Buckingham, Burton, Campbell, Creighton, Estes, Garcia, Hancock, Hinojosa, Huffman, Hughes, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Perry, Rodríguez, Schwertner, Seliger, Taylor of Galveston, Taylor of Collin, Uresti, Watson, West, Whitmire, Zaffirini. Nays:iiHall. Present-not voting:iihuffines. The bill was read third time and was passed by the following vote:iiyeasi29, Naysi1, Present-not votingi1. (Same as previous roll call) SENATE BILL 195 ON SECOND READING The Presiding Officer, Senator Huffman in Chair, laid before the Senate CSSBi195 by Senator Garcia on its second reading. The bill had been read second time, an amendment offered, and further consideration postponed: CSSB 195, Relating to funding under the transportation allotment for public school 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 viva voce vote.

21 Monday, May 8, 2017 SENATE JOURNAL 1711 All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1. CSSB 195 as amended was passed to engrossment by the following vote:iiyeasi22, Naysi9. Yeas:iiBuckingham, Campbell, Estes, Garcia, Hall, Hinojosa, Huffines, Huffman, Hughes, Lucio, Menéndez, Miles, Nichols, Perry, Rodríguez, 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 Affairs might meet at her desk today. SENATE BILL 195 ON THIRD READING Senator Garcia moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi195 be placed on its third reading and final passage: CSSBi195, Relating to funding under the transportation allotment for public school students subject to a high risk of violence while walking to school. The motion prevailed by the following vote:iiyeasi25, Naysi6. Yeas:iiBettencourt, Buckingham, Campbell, Creighton, Estes, Garcia, Hall, Hinojosa, Huffines, Huffman, Hughes, Lucio, Menéndez, Miles, Nichols, Perry, Rodríguez, Seliger, Taylor of Galveston, Taylor of Collin, Uresti, Watson, West, Whitmire, Zaffirini. Nays:iiBirdwell, Burton, Hancock, Kolkhorst, Nelson, Schwertner. The bill was read third time and was passed by the following vote:iiyeasi22, Naysi9. Yeas:iiBuckingham, Campbell, Estes, Garcia, Hall, Hinojosa, Huffines, Huffman, Hughes, Lucio, Menéndez, Miles, Nichols, Perry, Rodríguez, 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 for CSSBi195:

22 th Legislature Regular Session 52nd Day There are neighborhoods in Texas in which children are subjected to violence as they walk 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 to and 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 for every single child that walks through such conditions. S.B. 195 addresses this issue and extends the current statute that allows districts or counties to apply for up to an additional ten percent of its regular transportation allotment used to transport children through hazardous areas to include areas of high risk of violence. I have found that some neighborhoods have resorted to use safe passage programs or walking school buses in cases where the school may not be able to provide additional bus transportation. Therefore, the intention of the bill is to also allow the district or county that qualifies for the ten percent the flexibility to fund walking transportation such as safe passage programs. It is not required or incentivized for schools to fund safe passage programs, but simply adds the option as a transportation service, in addition to the traditional vehicular transportation options, for districts and counties that receive the ten percent. Every neighborhood is unique in the manner in which children may get to and from school based on many contributing factors. Safe passage programs work for some neighborhoods and may not for others, but it is a transportation service that is worth considering, if needed, based on the district or county s need. This bill ensures that funds remain used for transportation services. In fact, the safe passage programs that receive any funds out of the ten percent given to qualified districts or counties will be required to submit financial reports to account for the use of the transportation funds. This bill seeks to keep children that walk through violent areas to get to and from school 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 Tempore Seliger. GUEST PRESENTED Senator Lucio was recognized and introduced to the Senate Marvin P. Baker Middle School Principal Rose E. Longoria, H-E-B Excellence in Education Lifetime Achievement Award finalist. The Senate welcomed its guest.

23 Monday, May 8, 2017 SENATE JOURNAL 1713 SENATE BILL 1514 ON SECOND READING Senator Estes moved to suspend the regular order of business to take up for consideration CSSBi1514 at this time on its second reading: CSSB 1514, Relating to the eligibility of land to continue to be appraised for ad valorem tax purposes as qualified open-space land if the land begins to be used for oil and gas operations. The motion prevailed. Senators Garcia, Seliger, Uresti, and Watson asked to be recorded as voting "Nay" on suspension of the regular order of business. The bill was read second time. Senator Estes offered the following amendment to the bill: Floor Amendment No. 1 Amend CSSB 1514 (senate committee report) in SECTION 1 of the bill, in added Section , Tax Code (page 1, line 36), by striking "if the land" and substituting "if the portion of the land on which oil and gas operations are not being conducted". The amendment to CSSB 1514 was read and was adopted by a viva voce vote. All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1. CSSB 1514 as amended was passed to engrossment by a viva voce vote. All Members are deemed to have voted "Yea" on the passage to engrossment except as follows: Nays:iiGarcia, Seliger, Uresti, Watson. SENATE BILL 1514 ON THIRD READING Senator Estes moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi1514 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi27, Naysi4. Yeas:iiBettencourt, Birdwell, Buckingham, Burton, Campbell, Creighton, Estes, Hall, Hancock, Hinojosa, Huffines, Huffman, Hughes, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Perry, Rodríguez, Schwertner, Taylor of Galveston, Taylor of Collin, West, Whitmire, Zaffirini. Nays:iiGarcia, Seliger, Uresti, Watson. The bill was read third time and was passed by the following vote:iiyeasi27, Naysi4. (Same as previous roll call)

24 th Legislature Regular Session 52nd Day SENATE JOINT RESOLUTION 51 ON SECOND READING Senator Estes moved to suspend the regular order of business to take up for consideration CSSJRi51 at this time on its second reading: CSSJR 51, Proposing a constitutional amendment authorizing the legislature to provide that the eligibility of open-space land for ad valorem taxation on the basis of its productive capacity does not end because an oil and gas lessee begins conducting oil and gas operations on the land if the land otherwise continues to be devoted to farm, ranch, or wildlife management purposes or timber production. The motion prevailed. Senators Garcia, Seliger, Uresti, Watson, and Zaffirini asked to be recorded as voting "Nay" on suspension of the regular order of business. The resolution was read second time. Senator Estes offered the following amendment to the resolution: Floor Amendment No. 1 Amend CSSJR 51 (senate committee report) in SECTION 1 of the joint resolution, 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 on which oil and gas operations are not being conducted". The amendment to CSSJR 51 was read and was adopted by a viva voce vote. All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1. CSSJR 51 as amended was passed to engrossment by the following vote:iiyeasi27, Naysi4. Yeas:iiBettencourt, Birdwell, Buckingham, Burton, Campbell, Creighton, Estes, Hall, Hancock, Hinojosa, Huffines, Huffman, Hughes, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Perry, Rodríguez, Schwertner, Taylor of Galveston, Taylor of Collin, West, Whitmire, Zaffirini. Nays:iiGarcia, Seliger, Uresti, Watson. SENATE JOINT RESOLUTION 51 ON THIRD READING Senator Estes moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSJRi51 be placed on its third reading and final passage. The motion prevailed by the following vote:iiyeasi27, Naysi4. Yeas:iiBettencourt, Birdwell, Buckingham, Burton, Campbell, Creighton, Estes, Hall, Hancock, Hinojosa, Huffines, Huffman, Hughes, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Perry, Rodríguez, Schwertner, Taylor of Galveston, Taylor of Collin, West, Whitmire, Zaffirini.