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Tuesday, june 18, 2013-3rd day (cont.)

EIGHTY-THIRD LEGISLATURE — FIRST CALLED SESSION THIRD DAY
AFTER RECESS
The Senate met at 12:20 p.m. and was called to order by the President.
SENATORS ANNOUNCED PRESENT
Senators Carona, Deuell, Duncan, and VanideiPutte, who had previously been recorded as "Absent-excused," were announced "Present." COMMITTEEiiSUBSTITUTE
SENATE JOINT RESOLUTION 2 ON SECOND READING
The President laid before the Senate CSSJRi2 by Senator Nichols at this time on
CSSJR 2, Proposing a constitutional amendment to provide for the transfer of
certain general revenue to the economic stabilization fund, to provide for the transferof certain general revenue to the state highway fund and the dedication of thatrevenue, and to authorize the payment of the principal and interest on certain highwayimprovement bonds from other money deposited to the state highway fund.
The resolution was read second time.
LEAVE OF ABSENCE
On motion of Senator Whitmire, Senator West was granted leave of absence for the remainder of the day on account of important business.
Senator Davis offered the following amendment to the resolution: Floor Amendment No. 1
Amend CSSJR 2 (senate committee printing) as follows:
(1)iiIn SECTION 1 of the resolution, amending Section 49-g(d), Article III,
Texas Constitution (page 2, line 20), between "general revenue" and the period, insert"to be allocated to the foundation school fund".
(2)iiIn SECTION 1 of the resolution, amending Section 49-g(e), Article III, Texas Constitution (page 2, line 31), between "general revenue" and the period, insert 83rd Legislature — First Called Session "to be allocated to the foundation school fund".
The amendment to CSSJR 2 was read.
POINT OF ORDER
Senator Nichols raised a point of order that Floor Amendment No.i1 was not POINT OF ORDER WITHDRAWN
Senator Nichols withdrew the point of order.
Senator Davis withdrew Floor Amendment No.i1.
Senator Davis offered the following amendment to the resolution: Floor Amendment No. 2
Amend CSSJR 2 (senate committee printing) as follows:
(1)iiIn SECTION 1 of the resolution, amending Section 49-g(c), Article III,
Texas Constitution (page 1, lines 38 and 39), strike "fund and the state highway fund"and substitute "fund, the state highway fund, and the foundation school fund".
(2)iiIn SECTION 1 of the resolution, amending Section 49-g(c), Article III, Texas Constitution (page 1, line 50), following "public roadways.", insert "Revenuetransferred to the foundation school fund under this subsection may be used only forthe instructional facilities allotment, the existing debt allotment, or another program tosupport public school facilities and related debt." (3)iiIn SECTION 1 of the resolution, adding Section 49-g(c-1), Article III, Texas Constitution (page 1, line 55), strike "and the remainder to the state highway fund"and substitute ", three-tenths to the state highway fund, and two-tenths to thefoundation school fund".
(4)iiIn SECTION 1 of the resolution, strike added Section 49-g(c-2), Article III, Texas Constitution (page 1, line 57, through page 2, line 11), and substitute thefollowing: (c-2)iiIf the anticipated balance of the economic stabilization fund after any transfer that may be made under Subsection (b) of this section and any transfer andallocation of money that may be made as provided by Subsections (c) and (c-1) of thissection would be less than $6 billion, the comptroller shall reduce the amounts thatwould otherwise be allocated to the state highway fund and the foundation schoolfund as provided by Subsection (c-1) of this section by the lesser of the total amountsof the allocations to those funds or the amounts from each of those funds, in the sameproportion that amounts would otherwise be allocated to each of those funds,necessary for the anticipated balance of the economic stabilization fund, after anytransfer that may be made under Subsection (b) of this section and the transfer andallocation to be made as provided by Subsections (c) and (c-1) of this section, to equal $6 billion. The comptroller shall allocate to the economic stabilization fund theamounts by which the allocations to the state highway fund and the foundation schoolfund are reduced under this subsection.
(5)iiIn SECTION 3 of the resolution, in Subsection (a) of the temporary provision added to the Texas Constitution (page 2, line 48), following "state highwayfund", insert "and the foundation school fund".
(6)iiIn SECTION 4 of the resolution (page 2, line 64), between "state highway fund" and "and the dedication of that revenue", insert "and the foundation schoolfund".
The amendment to CSSJR 2 was read.
Senator Davis withdrew Floor Amendment No.i2.
Senator Uresti offered the following amendment to the resolution: Floor Amendment No. 3
Amend CSSJR 2 (senate committee report) as follows:
(1)iiAdd the following appropriately numbered SECTION:
SECTIONi____.iiArticle III, Texas Constitution, is amended by adding Section
Sec.i49-q.ii(a) The transportation infrastructure fund is established as a special (b)iiIn each fiscal year, the comptroller of public accounts shall transfer from the economic stabilization fund to the transportation infrastructure fund three percent ofthe amount transferred to the state highway fund in that fiscal year under Section49-g(c) of this article.
(c)iiMoney in the transportation infrastructure fund may be appropriated only for the purpose of assisting counties in this state in the construction, reconstruction, ormaintenance of transportation infrastructure that is intended to alleviate degradation tohighways caused by the exploration, development, or production of oil or gas.
(2)iiStrike SECTIONS 3 and 4 of the resolution (page 2, lines 42 through 67) SECTIONi3.iiThe following temporary provision is added to the Texas TEMPORARY PROVISION. (a) This temporary provision applies to the constitutional amendment proposed by the 83rd Legislature, 1st Called Session, 2013,to provide for the transfer of certain general revenue to the economic stabilizationfund, to provide for the transfer of certain general revenue to the state highway fundand the dedication of that revenue, to provide for the transfer of certain revenue to thetransportation infrastructure fund, and to authorize the payment of the principal andinterest on certain highway improvement bonds from other money deposited to thestate highway fund.
83rd Legislature — First Called Session (b)iiSection 49-q(b), Article III, of this constitution and the amendment to Section 49-g, Article III, of this constitution take effect January 1, 2014, and applyonly to a transfer of revenue made by the comptroller of public accounts as providedby those sections on or after January 1, 2014.
(c)iiThis temporary provision expires January 1, 2015.
SECTIONi4.iiThis proposed constitutional amendment shall be submitted to the voters at an election to be held November 5, 2013. The ballot shall be printed topermit voting for or against the proposition: "The constitutional amendment toprovide for the transfer of certain general revenue to the economic stabilization fund,to provide for the transfer of certain general revenue to the state highway fund and thededication of that revenue, to provide for the transfer of certain revenue to thetransportation infrastructure fund, and to authorize the payment of the principal andinterest on certain highway improvement bonds from other money deposited to thestate highway fund." (3)iiRenumber the SECTIONS of the resolution accordingly.
The amendment to CSSJR 2 was read.
Senator Uresti withdrew Floor Amendment No.i3.
CSSJR 2 was passed to engrossment by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to engrossment REMARKS ORDERED PRINTED
On motion of Senator Patrick and by unanimous consent, the remarks by Senators Nichols and Patrick regarding CSSJRi2 were ordered reduced to writing and
printed in the Senate Journal as follows:
Senator Patrick:iiThank you, Mr. President, thank you, Senator. I want to be sure
that we understand the $6 billion floor, and I thank you for taking that language and
incorporating it in the bill because, as you know, there was concern by many that we
have a certain amount in the rainy day fund for our credit rating, for economic
downturns, which it was designed for, and some people see it as a backup for an
emergency. So, the way your bill is written, once we are at six billion and above, the
money would flow after the education portion is taken out and the money goes to the
general revenue. That 75 percent is split half and half between the rainy day fund and
transportation. Is that correct?
Senator Nichols:iiThat is correct.
Senator Patrick:iiAnd so, your projection from the Comptroller ’s office is, again,
about 900 million would go into transportation beginning in the second year of the
biennium. Is that correct?
Senator Nichols:iiYeah, it would be, yeah, in about a little over a year.
Senator Patrick:iiThat also means that 900 million would be going into the rainy day
fund.
Senator Nichols:iiThat ’s correct, it would continue to increase.
Senator Patrick:iiSo, because I stand in strong support of your bill, I think this is a
very good conservative approach to maintaining the rainy day fund, our reserve,
growing the rainy day fund and providing a revenue stream on a yearly basis, as long
as the revenues are coming in from the severance back to transportation. So, because
there has been some questions and some confusion, the rainy day fund would not
continue to grow. It ’s still going to get half of the money that transportation would
receive.
Senator Nichols:iiThat is correct, they would get equal amounts.
Senator Patrick:iiSo, if the projections are correct, and it ’s hard to project out two,
four, six years on what the cost of gasoline will be, but the dollars are coming in, so
there ’s no reason not to expect our rainy day fund still to grow to seven, to eight, to
nine, to $10 billion while we are funding transportation.
Senator Nichols:iiThat is correct.
Senator Patrick:iiAgain, thank you for taking that language. I think that it answers a
lot of questions for a lot of folks who were concerned about and, by the way, for
clarification, it does not impact the Legislature from drawing down from the six
billion?
Senator Nichols:iiIt does not touch that at all. It only adjusts the $6 billion mark, only
adjusts the rate in which you split the money. You ’re either splitting the money if it ’s
above six or you put it all into the rainy day fund until it gets to the six.
Senator Patrick:iiAnd so, if there ’s a need in a future legislative session to draw
down below it, the Legislature has the ability to do that. All it would do is stop the
money going into transportation until it grew back to six billion.
Senator Nichols:iiThat ’s correct. The mechanism for the Legislature or the budget
writers ’ability to reach down there and use it when they feel like we need it has not
been touched at all. There has been several occasions in the past where the Legislature
did reach in there and take it all.
Senator Patrick:iiI think that this is a good approach. It saves from raising taxes and
fees, and it will help generate money for transportation and take advantage of the
success we ’re having in the oil and gas industry right now and continue to preserve
the rainy day fund. So, as I ’ve always said, you ’re one of the smartest guys in the
room, you ’re always thinking, and you ’ve came up with a good plan, and you were
willing to preserve the rainy day fund, and I hope everyone will support it.
REMARKS ORDERED PRINTED
On motion of Senator Campbell and by unanimous consent, the remarks by Senators Nichols and Campbell regarding CSSJRi2 were ordered reduced to writing
and printed in the Senate Journal as follows:
Senator Campbell:iiI wanted to thank Chairman Nichols and Chairman
Williams for their hard work on this bill. As you know, transportation is vital to mydistrict as well as Texas, and I think this bill is a viable solution for transportationfunding. I want to just clarify a couple of things. Mr. Chairman, is the intent of thisbill to find a more viable revenue stream for transportation funding? 83rd Legislature — First Called Session Senator Nichols:iiThat is correct.
Senator Campbell:iiThe bill allows specifically to also pay down debt service.
Senator Nichols:iiOn Proposition 12 debt, right.
Senator Campbell:iiThis bill looks like it is a good start to revitalize a pay as
you go concept. Would you say that is a true statement? Senator Nichols:iiI would say that is correct. It doesn ’t get us all the way there,
but it ’s a step in the right direction.
Senator Campbell:iiMr. Chairman, I think this is a brilliant idea. I think this is
a good bill, and I applaud your efforts for our great state in the infrastructure.
REMARKS ORDERED PRINTED
On motion of Senator Williams and by unanimous consent, his remarks regarding CSSJRi2 were ordered reduced to writing and printed in the Senate Journal
as follows:
First let me clarify, in no uncertain terms, 25 percent of all occupation taxes (which include oil and gas severance taxes) are constitutionallydedicated to the Foundation School Fund. There is no artificial limit. The1987 base year does not have anything to do with this calculation. Bottomline, this means that based on the Comptroller ’s BRE for FY 14-15, $2.8billion from occupation taxes will be deposited into the Foundation SchoolFund. The 1987 "line" we discuss only comes into play when determininghow much General Revenue to transfer to the Rainy Day Fund.
Comptroller considers how much severance tax is collected above this"line" of $1 billion, 131 million and transfers 75 percent of that amount tothe Rainy Day Fund; the balance remains in General Revenue. Again, thisis unrelated to the 25 percent of all occupation taxes that have already beendeposited to the Foundation School Fund.
SENATE RULE 8.02 SUSPENDED
(Referral to Committee)
Senator Duncan moved to suspend Senate Rule 8.02 to take up for consideration SCR 2 at this time.
The motion prevailed by a viva voce vote.
All Members are deemed to have voted "Yea" on suspension of the rule except as SENATE CONCURRENT RESOLUTION 2
The President laid before the Senate the following resolution: WHEREAS, A lawsuit filed December 20, 2010, against Rick Perry, Governor of the State of Texas; Thomas Suehs, Executive Commissioner of the Texas Healthand Human Services Commission; and Chris Traylor, Commissioner of the Texas Department of Aging and Disability Services, in their official capacities (collectively,the "Defendants"), asserted claims under Title II of the Americans with DisabilitiesAct of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973, and severalsections of Title XIX of the Social Security Act, including the Preadmission Screeningand Resident Review provisions of the 1987 Nursing Home Reform Act; and WHEREAS, The United States of America was granted leave to intervene in the lawsuit and filed a complaint against the State of Texas on September 20, 2012,asserting claims under Section 504 of the Rehabilitation Act of 1973 and Title II ofthe ADA; and WHEREAS, The Plaintiffs to the lawsuit are Eric Steward, by his next friend and mother, Lillian Minor; Linda Arizpe, by her next friend and guardian, Rudy Arizpe;Andrea Padron, by her next friend and guardian, Rosa Hudecek; Patricia Ferrer, byher next friend and mother, Petra Ferrer; Benny Holmes, by his next friend andguardian, Priscilla Holmes; Zackowitz Morgan, by his next friend and guardian,Sharon Barker; The Arc of Texas, Inc.; and the Coalition of Texans with Disabilities,Inc.; and Plaintiff-Intervenor is the United States of America (collectively, the"Plaintiffs"); and WHEREAS, In general terms, the litigation brought by the Plaintiffs concerns individuals with intellectual disabilities and related conditions residing in nursingfacilities and at risk of admission to nursing facilities; and WHEREAS, The parties to the lawsuit have entered into an Interim Agreement to resolve as many issues as possible related to the lawsuit for a limited time periodwhile attempting to negotiate a Comprehensive Agreement to resolve the entirelawsuit; and WHEREAS, The Interim Agreement will be effective when signed by all parties WHEREAS, Section 111.003(a)(2), Civil Practice and Remedies Code, requires the legislature to approve a settlement of a claim or action against this state if thesettlement commits the state to a course of action that in reasonable probability willentail a continuing increased expenditure of state funds over subsequent state fiscalbienniums; and WHEREAS, The Interim Agreement commits the State of Texas to a course of action that in reasonable probability will entail a continuing increased expenditure ofstate funds over subsequent state fiscal bienniums; and WHEREAS, Any Comprehensive Agreement entered into by and between the parties will be submitted to the 84th Legislature of the State of Texas for approval;now, therefore, be it RESOLVED, That the 83rd Legislature of the State of Texas, 1st Called Session, hereby approve the Interim Agreement.
SCR 2 was read.
On motion of Senator Duncan, the resolution was considered immediately and was adopted by the following vote:iiYeasi30, Naysi0.
83rd Legislature — First Called Session On motion of Senator Whitmire, the Senate at 1:39 p.m. recessed until 3:30 p.m.
AFTER RECESS
The Senate met at 5:31 p.m. and was called to order by the President.
COMMITTEEiiSUBSTITUTE
SENATE BILL 5 ON SECOND READING
The President laid before the Senate CSSBi5 by Senator Hegar at this time on its
CSSB 5, Relating to the regulation of abortion procedures, providers, and
POINT OF ORDER
Senator Davis raised a point of order concerning Senate Rule 7.12 (Printing of Bills) as it pertains to CSSBi5.
POINT OF ORDER WITHDRAWN
Senator Davis withdrew the point of order.
Senator Hegar offered the following amendment to the bill: Floor Amendment No. 1
Amend CSSBi5 by striking all below the enacting clause and substituting the
SECTIONi1.iiSubchapter A, Chapter 171, Health and Safety Code, is amended by adding Section 171.0031 to read as follows: Sec.i171.0031.iiREQUIREMENTS OF PHYSICIAN; OFFENSE. (a)iiA physician performing or inducing an abortion: (1)iimust, on the date the abortion is performed, have active admitting (A)iiis located not further than 30 miles from the location at which the (B)iiprovides obstetrical or gynecological health care services; and (2)iishall provide the pregnant woman with: (A)iia telephone number by which the pregnant woman may reach the physician, or other health care personnel employed by the physician or by the facilityat which the abortion was performed with access to the woman ’s relevant medicalrecords, 24 hours a day to request assistance for any complications that arise from theperformance of the abortion or ask health-related questions regarding the abortion;and (B)iithe name and telephone number of the nearest hospital to the home of the pregnant woman at which an emergency arising from the abortion would betreated.
(b)iiA physician who violates Subsection (a) commits an offense. An offense under this section is a Class A misdemeanor punishable by a fine only, not to exceed$4,000.
SECTIONi2.iiChapter 171, Health and Safety Code, is amended by adding Sec.i171.041.iiDEFINITIONS. In this subchapter: (1)ii"Abortion-inducing drug" means a drug, a medicine, or any other substance, including a regimen of two or more drugs, medicines, or substances,prescribed, dispensed, or administered with the intent of terminating a clinicallydiagnosable pregnancy of a woman and with knowledge that the termination will,with reasonable likelihood, cause the death of the woman ’s unborn child. The termincludes off-label use of drugs, medicines, or other substances known to haveabortion-inducing properties that are prescribed, dispensed, or administered with theintent of causing an abortion, including the Mifeprex regimen. The term does notinclude a drug, medicine, or other substance that may be known to cause an abortionbut is prescribed, dispensed, or administered for other medical reasons.
(2)ii"Final printed label" or "FPL" means the informational document approved by the United States Food and Drug Administration for anabortion-inducing drug that: (A)iioutlines the protocol authorized by that agency and agreed to by the drug company applying for authorization of the drug by that agency; and (B)iidelineates how a drug is to be used according to approval by that (3)ii"Gestational age" means the amount of time that has elapsed since the first day of a woman ’s last menstrual period.
(4)ii"Medical abortion" means the administration or use of an abortion-inducing drug to induce an abortion.
(5)ii"Mifeprex regimen," "RU-486 regimen," or "RU-486" means the abortion-inducing drug regimen approved by the United States Food and DrugAdministration that consists of administering mifepristone and misoprostol.
(6)ii"Physician" means an individual who is licensed to practice medicine in this state, including a medical doctor and a doctor of osteopathic medicine.
(7)ii"Pregnant" means the female reproductive condition of having an unborn child in a woman ’s uterus.
(8)ii"Unborn child" means an offspring of human beings from conception Sec.i171.0411.iiAPPLICABILITY TO MEDICAL ABORTION. This subchapter does not apply to an abortion with the intent to: (1)iisave the life or preserve the health of an unborn child;(2)iiremove a dead, unborn child whose death was caused by spontaneous (3)iiremove an ectopic pregnancy; or(4)iitreat a maternal disease or illness for which a prescribed drug, medicine, 83rd Legislature — First Called Session Sec.i171.042.iiENFORCEMENT BY TEXAS MEDICAL BOARD.
Notwithstanding Section 171.005, the Texas Medical Board shall enforce thissubchapter.
Sec.i171.043.iiDISTRIBUTION OF ABORTION-INDUCING DRUG. (a)iiA person may not knowingly give, sell, dispense, administer, provide, or prescribe anabortion-inducing drug to a pregnant woman for the purpose of inducing an abortionin the pregnant woman or enabling another person to induce an abortion in thepregnant woman unless: (1)iithe person who gives, sells, dispenses, administers, provides, or prescribes the abortion-inducing drug is a physician; (2)iithe physician administering the abortion-inducing drug administers the drug to the woman while both are present at an abortion facility licensed underChapter 245; and (3)iithe provision, prescription, or administration of the abortion-inducing drug satisfies the protocol tested and authorized by the United States Food and DrugAdministration as outlined in the final printed label of the abortion-inducing drug.
(b)iiBefore the physician gives, sells, dispenses, administers, provides, or prescribes an abortion-inducing drug, the physician must examine the pregnantwoman and document, in the woman ’s medical record, the gestational age andintrauterine location of the pregnancy.
(c)iiThe physician who gives, sells, dispenses, administers, provides, or prescribes an abortion-inducing drug shall provide the pregnant woman with: (1)iia copy of the final printed label of that abortion-inducing drug; and(2)iia telephone number by which the pregnant woman may reach the physician, or other health care personnel employed by the physician or by the facilityat which the abortion was performed with access to the woman ’s relevant medicalrecords, 24 hours a day to request assistance for any complications that arise from theadministration or use of the drug or ask health-related questions regarding theadministration or use of the drug.
(d)iiThe physician who gives, sells, dispenses, administers, provides, or prescribes the abortion-inducing drug, or the physician ’s agent, must schedule afollow-up visit for the woman to occur not more than 14 days after the administrationor use of the drug. At the follow-up visit, the physician must: (1)iiconfirm that the pregnancy is completely terminated; and(2)iiassess the degree of bleeding.
(e)iiThe physician who gives, sells, dispenses, administers, provides, or prescribes the abortion-inducing drug, or the physician ’s agent, shall make areasonable effort to ensure that the woman returns for the scheduled follow-up visitunder Subsection (d). The physician or the physician ’s agent shall document a briefdescription of any effort made to comply with this subsection, including the date,time, and name of the person making the effort, in the woman ’s medical record.
(f)iiIf a physician gives, sells, dispenses, administers, provides, or prescribes an abortion-inducing drug to a pregnant woman for the purpose of inducing an abortionas authorized by this section and the physician knows that the woman experiences aserious adverse event, as defined by the MedWatch Reporting System, during or after the administration or use of the drug, the physician shall report the event to the UnitedStates Food and Drug Administration through the MedWatch Reporting System notlater than the third day after the date the physician learns that the event occurred.
Sec.i171.044.iiADMINISTRATIVE PENALTY. (a)iiThe Texas Medical Board may take disciplinary action under Chapter 164, Occupations Code, or assess anadministrative penalty under Subchapter A, Chapter 165, Occupations Code, against aperson who violates Section 171.043.
(b)iiA penalty may not be assessed under this section against a pregnant woman SECTIONi3.iiSubsection (a), Section 245.010, Health and Safety Code, is (a)iiThe rules must contain minimum standards to protect the health and safety of a patient of an abortion facility and must contain provisions requiring compliance withthe requirements of Subchapter B, Chapter 171. On and after September 1, 2014, theminimum standards for an abortion facility must be equivalent to the minimumstandards adopted under Section 243.010 for ambulatory surgical centers.
SECTIONi4.iiEffective September 1, 2014, Subsection (c), Section 245.010, Health and Safety Code, is repealed.
SECTIONi5.iiThis Act may not be construed to repeal, by implication or otherwise, Subdivision (18), Subsection (a), Section 164.052, Occupations Code,Section 170.002, Health and Safety Code, or any other provision of Texas lawregulating or restricting abortion not specifically addressed by this Act. An abortionthat complies with this Act but violates any other law is unlawful. An abortion thatcomplies with another state law but violates this Act is unlawful as provided in thisAct.
SECTIONi6.ii(a)iiIf some or all of the provisions of this Act are ever temporarily or permanently restrained or enjoined by judicial order, all other provisions of Texaslaw regulating or restricting abortion shall be enforced as though the restrained orenjoined provisions had not been adopted; provided, however, that whenever thetemporary or permanent restraining order or injunction is stayed or dissolved, orotherwise ceases to have effect, the provisions shall have full force and effect.
(b)iiMindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in which in the context of determining the severability of a state statute regulating abortion the United StatesSupreme Court held that an explicit statement of legislative intent is controlling, it isthe intent of the legislature that every provision, section, subsection, sentence, clause,phrase, or word in this Act, and every application of the provisions in this Act, areseverable from each other. If any application of any provision in this Act to anyperson, group of persons, or circumstances is found by a court to be invalid, theremaining applications of that provision to all other persons and circumstances shallbe severed and may not be affected. All constitutionally valid applications of this Actshall be severed from any applications that a court finds to be invalid, leaving thevalid applications in force, because it is the legislature ’s intent and priority that thevalid applications be allowed to stand alone. Even if a reviewing court finds aprovision of this Act to impose an undue burden in a large or substantial fraction ofrelevant cases, the applications that do not present an undue burden shall be severedfrom the remaining provisions and shall remain in force, and shall be treated as if the 83rd Legislature — First Called Session legislature had enacted a statute limited to the persons, group of persons, orcircumstances for which the statute ’s application does not present an undue burden.
The legislature further declares that it would have passed this Act, and each provision,section, subsection, sentence, clause, phrase, or word, and all constitutionalapplications of this Act, irrespective of the fact that any provision, section, subsection,sentence, clause, phrase, or word, or applications of this Act, were to be declaredunconstitutional or to represent an undue burden.
(c)iiIf any provision of this Act is found by any court to be unconstitutionally vague, then the applications of that provision that do not present constitutionalvagueness problems shall be severed and remain in force.
SECTIONi7.ii(a)iiThe executive commissioner of the Health and Human Services Commission shall adopt the standards required by Section 245.010, Healthand Safety Code, as amended by this Act, not later than January 1, 2014.
(b)iiA facility licensed under Chapter 245, Health and Safety Code, is not required to comply with the standards adopted under Section 245.010, Health andSafety Code, as amended by this Act, before September 1, 2014.
SECTIONi8.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, TexasConstitution. If this Act does not receive the vote necessary for immediate effect, thisAct takes effect on the 91st day after the last day of the legislative session.
The amendment to CSSB 5 was read.
Senator VanideiPutte offered the following amendment to Floor Amendment Floor Amendment No. 2
Amend Floor Amendment No.i1 to CSSB 5 (Senate Committee Printing) in
(1)iiIn added Section 171.063(a)(1), Health and Safety Code (page 3, line 29), between "physician" and the underlined semicolon, insert the following:who: (i)iiassess the duration of the pregnancy accurately; and(ii)iidiagnose an ectopic pregnancy; (B)iiis capable of providing surgical intervention in the case of an incomplete abortion or severe bleeding or has made arrangements for anotherqualified physician to provide the care described by this paragraph and hasdocumented those arrangements in the woman ’s medical record; (C)iiis able to assure patient access to a medical facility equipped to provide a blood transfusion and resuscitation; and (D)iihas read and understood the prescribing information for the use of the abortion-inducing drug as provided by the drug manufacturer in accordance withthe requirements of the United States Food and Drug Administration (2)iiStrike added Section 171.063(c), Health and Safety Code (page 4, lines (c)iiThe physician who gives, sells, dispenses, administers, provides, or prescribes an abortion-inducing drug shall: (1)iifully explain the procedure to the pregnant woman, including: (A)iiexplaining whether the physician is using the abortion-inducing drug in accordance with the United States Food and Drug Administration regimendescribed on the final printed label or an evidence-based regimen; and (i)iispecifying that the regimen used differs from the United States Food and Drug Administration regimen described on the final printed label; and (ii)iiproviding detailed information on the evidence-based regimen (A)iithe final printed label of the abortion-inducing drug;(B)iia copy of the drug manufacturer ’s medication guide for the (C)iia copy of the drug manufacturer ’s patient agreement; and(D)iia telephone number by which the woman may reach the physician, or other health care personnel employed by the physician or by the facility at whichthe abortion was performed with access to the woman ’s relevant medical records, 24hours a day to request assistance for any complications that arise from theadministration or use of the abortion-inducing drug or ask health-related questionsregarding the administration or use of the abortion-inducing drug; (3)iiobtain the patient ’s signature for and sign the patient agreement (4)iirecord the drug manufacturer ’s package serial number in the woman ’s The amendment to Floor Amendment No.i1 to CSSBi5 was read.
On motion of Senator Hegar, Floor Amendment No. 2 was tabled by the Yeas:iiBirdwell, Campbell, Carona, Deuell, Duncan, Eltife, Estes, Fraser, Hancock, Hegar, Huffman, Nelson, Nichols, Patrick, Paxton, Schwertner, Seliger,Taylor, Williams.
Nays:iiDavis, Ellis, Garcia, Hinojosa, Lucio, Rodrı´guez, Uresti, VanideiPutte, The President at 8:54 p.m. announced the Senate would stand At Ease subject to IN LEGISLATIVE SESSION
Senator Eltife at 9:15 p.m. called the Senate to order as In Legislative Session.
Senator Watson offered the following amendment to Floor Amendment No. 1: Floor Amendment No. 3
Amend Floor Amendment No. 1 to CSSB 5 (senate committee printing) as
83rd Legislature — First Called Session (1)iiIn SECTION 1 of the bill, in added Section 171.0031(a), Health and Safety Code (page 1, lines 7-12), strike Subdivision (1) and substitute the following: (1)iimust comply with 25 T.A.C. Section 139.56, relating to the protocol for managing medical emergencies and the transfer of patients to a hospital, or performthe abortion at a licensed abortion facility that complies with that section; and (2)iiIn SECTION 3 of the bill, in amended Section 245.010(a), Health and Safety Code (page 6, line 5), between "centers" and the underlined period, insert thefollowing:, except that an abortion facility may comply with the standards relating to theprotocol for managing medical emergencies and the transfer of patients to a hospitalunder 25 T.A.C. Section 139.56 in lieu of the standards relating to the transfer ofpatients requiring emergency care and admitting privileges under 25 T.A.C. Section135.11(b)(19) The amendment to Floor Amendment No.i1 to CSSB 5 was read.
On motion of Senator Hegar, Floor Amendment No. 3 was tabled by the Yeas:iiBirdwell, Campbell, Carona, Deuell, Duncan, Eltife, Estes, Fraser, Hancock, Hegar, Huffman, Lucio, Nelson, Nichols, Patrick, Paxton, Schwertner,Seliger, Taylor, Williams.
Nays:iiDavis, Ellis, Garcia, Hinojosa, Rodrı´guez, Uresti, VanideiPutte, Watson, Senator Uresti offered the following amendment to Floor Amendment No. 1: Floor Amendment No. 4
Amend Floor Amendment No. 1 to CSSB 5 (Senate Committee Printing) as
(1)iiStrike SECTION 3 of the bill (page 5, lines 28-31) and (page 6, lines 1-6) SECTIONi3.iiSection 245.010, Health and Safety Code, is amended by adding Subsections (a-1) and (a-2) and amending Subsection (c) to read as follows: (a-1)iiExcept as otherwise provided by Subsection (a-2), on or after September 1, 2014, the minimum standards for an abortion facility must be equivalent to theminimum standards adopted under Section 243.010 for ambulatory surgical centers.
(a-2)iiAn abortion facility located more than 50 miles from the nearest other abortion facility must meet the minimum standards adopted under Subsection (c).
(c)iiThe standards for a facility described by Subsection (a-2) may not be more stringent than Medicare certification standards, if any, for: (1)iiqualifications for professional and nonprofessional personnel;(2)iisupervision of professional and nonprofessional personnel;(3)iimedical treatment and medical services provided by an abortion facility and the coordination of treatment and services, including quality assurance; (4)iisanitary and hygienic conditions within an abortion facility;(5)iithe equipment essential to the health and welfare of the patients; (6)iiclinical records kept by an abortion facility; and(7)iimanagement, ownership, and control of the facility.
(2)iiStrike SECTION 4 of the bill (page 6, lines 6-7) and renumber subsequent The amendment to Floor Amendment No.i1 to CSSB 5 was read.
On motion of Senator Hegar, Floor Amendment No. 4 was tabled by the Yeas:iiBirdwell, Campbell, Carona, Deuell, Duncan, Eltife, Estes, Fraser, Hancock, Hegar, Huffman, Lucio, Nelson, Nichols, Patrick, Paxton, Schwertner,Seliger, Taylor, Williams.
Nays:iiDavis, Ellis, Garcia, Hinojosa, Rodrı´guez, Uresti, VanideiPutte, Watson, Senator VanideiPutte offered the following amendment to Floor Amendment Floor Amendment No. 5
Amend Floor Amendment No. 1 to CSSB 5 (senate committee printing) as
(1)iiIn the recital to SECTION 3 of the bill (page 5, lines 28-29), strike "Subsection (a), Section 245.010, Health and Safety Code, is" and substitute"Subsections (a) and (c), Section 245.010, Health and Safety Code, are".
(2)iiIn SECTION 3 of the bill, in amended Section 245.010(a), Health and Safety Code (page 6, line 4), between "facility" and "must", insert "that performs surgicalabortions".
(3)iiIn SECTION 3 of the bill, immediately following amended Section 245.010(a), Health and Safety Code (page 6, between lines 5 and 6), insert thefollowing: (c)iiExcept as provided by Subsection (a), the [The] standards may not be more stringent than Medicare certification standards, if any, for: (1)iiqualifications for professional and nonprofessional personnel;(2)iisupervision of professional and nonprofessional personnel;(3)iimedical treatment and medical services provided by an abortion facility and the coordination of treatment and services, including quality assurance; (4)iisanitary and hygienic conditions within an abortion facility;(5)iithe equipment essential to the health and welfare of the patients;(6)iiclinical records kept by an abortion facility; and(7)iimanagement, ownership, and control of the facility.
(4)iiStrike SECTION 4 of the bill, repealing Section 245.010(c), Health and The amendment to Floor Amendment No.i1 to CSSB 5 was read.
On motion of Senator Hegar, Floor Amendment No. 5 was tabled by the 83rd Legislature — First Called Session Yeas:iiBirdwell, Campbell, Carona, Deuell, Duncan, Eltife, Estes, Fraser, Hancock, Hegar, Huffman, Nelson, Nichols, Patrick, Paxton, Schwertner, Seliger,Taylor, Williams.
Nays:iiDavis, Ellis, Garcia, Hinojosa, Lucio, Rodrı´guez, Uresti, VanideiPutte, Senator Ellis offered the following amendment to Floor Amendment No. 1: Floor Amendment No. 6
Amend Floor Amendment No. 1 to CSSB 5 (Senate Committee Printing) as
(1)iiStrike SECTION 3 of the bill (page 5, line 28, to page 6, line 5) and SECTIONi3.iiSection 245.010, Health and Safety Code, is amended by adding Subsection (a-1) and amending Subsection (c) to read as follows: (a-1)iiThe minimum standards for an abortion facility that is constructed or renovated on or after September 1, 2014, must be equivalent to the minimumstandards adopted under Section 243.010 for ambulatory surgical centers.
(c)iiThe standards for a facility, other than a facility described by Subsection (a-1), may not be more stringent than Medicare certification standards, if any, for: (1)iiqualifications for professional and nonprofessional personnel;(2)iisupervision of professional and nonprofessional personnel;(3)iimedical treatment and medical services provided by an abortion facility and the coordination of treatment and services, including quality assurance; (4)iisanitary and hygienic conditions within an abortion facility;(5)iithe equipment essential to the health and welfare of the patients;(6)iiclinical records kept by an abortion facility; and(7)iimanagement, ownership, and control of the facility.
(2)iiStrike SECTION 5 of the bill (page 6, lines 6-7) and renumber subsequent The amendment to Floor Amendment No.i1 to CSSB 5 was read.
On motion of Senator Hegar, Floor Amendment No. 6 was tabled by the Yeas:iiBirdwell, Campbell, Carona, Deuell, Duncan, Eltife, Estes, Fraser, Hancock, Hegar, Huffman, Lucio, Nelson, Nichols, Patrick, Paxton, Schwertner,Seliger, Taylor, Williams.
Nays:iiDavis, Ellis, Garcia, Hinojosa, Rodrı´guez, Uresti, VanideiPutte, Watson, Senator Rodrı´guez offered the following amendment to Floor Amendment No. 1: Floor Amendment No. 7
Amend Floor Amendment No. 1 to CSSB 5 (Senate Committee Printing) in
SECTION 3 of the bill, in amended Section 245.010(a), Health and Safety Code (page6, line 5), between "centers" and the underlined period, by inserting "except that anabortion facility may comply with 25 T.A.C. Section 139.48 instead of 25 T.A.C.
Sections 135.51 and 135.52 regarding physical, environmental, and other constructionstandards".
The amendment to Floor Amendment No.i1 to CSSB 5 was read.
On motion of Senator Hegar, Floor Amendment No. 7 was tabled by the Yeas:iiBirdwell, Campbell, Carona, Deuell, Duncan, Eltife, Estes, Fraser, Hancock, Hegar, Huffman, Lucio, Nelson, Nichols, Patrick, Paxton, Schwertner,Seliger, Taylor, Williams.
Nays:iiDavis, Ellis, Garcia, Hinojosa, Rodrı´guez, Uresti, VanideiPutte, Watson, Senator Rodrı´guez offered the following amendment to Floor Amendment No. 1: Floor Amendment No. 8
Amend Floor Amendment No. 1 to CSSB 5 (senate committee printing) in
SECTION 3 of the bill, in amended Section 245.010(a), Health and Safety Code (page6, line 5), between "centers" and the underlined period, by inserting the following:, except for the standards relating to the surgical suite contained in 25 T.A.C. Section135.52(d)(15) and the standards relating to the heating, ventilating, and airconditioning system contained in 25 T.A.C. Section 135.52(g)(5) The amendment to Floor Amendment No.i1 to CSSB 5 was read.
On motion of Senator Hegar, Floor Amendment No. 8 was tabled by the Yeas:iiBirdwell, Campbell, Carona, Deuell, Duncan, Eltife, Estes, Fraser, Hancock, Hegar, Huffman, Lucio, Nelson, Nichols, Patrick, Paxton, Schwertner,Seliger, Taylor, Williams.
Nays:iiDavis, Ellis, Garcia, Hinojosa, Rodrı´guez, Uresti, VanideiPutte, Watson, Senator Whitmire offered the following amendment to Floor Amendment No. 1: Floor Amendment No. 9
Amend Floor Amendment No. 1 to CSSB 5 (Senate Committee Printing) as
(1)iiIn SECTION 3 of the bill, in amended Section 245.010(a), Health and Safety Code (page 6, line 3), strike "2014" and substitute "2015".
83rd Legislature — First Called Session (2)iiIn SECTION 4 of the bill, repealing Section 245.010(c), Health and Safety Code (page 6, line 6), strike "2014" and substitute "2015".
(3)iiIn SECTION 7(a) of the bill, in the nonamendatory language (page 7, line 31), strike "2014" and substitute "2015".
(4)iiIn SECTION 7(b) of the bill, in the nonamendatory language (page 8, line 4), strike "2014" and substitute "2015".
The amendment to Floor Amendment No.i1 to CSSB 5 was read.
On motion of Senator Hegar, Floor Amendment No. 9 was tabled by the Yeas:iiBirdwell, Campbell, Carona, Deuell, Duncan, Eltife, Estes, Fraser, Hancock, Hegar, Huffman, Lucio, Nelson, Nichols, Patrick, Paxton, Schwertner,Seliger, Taylor, Williams.
Nays:iiDavis, Ellis, Garcia, Hinojosa, Rodrı´guez, Uresti, VanideiPutte, Watson, Senator Davis offered the following amendment to Floor Amendment No. 1: Floor Amendment No. 10
Amend Floor Amendment No. 1 to CSSB 5 (Senate committee printing) by
adding the following appropriately numbered SECTION and renumbering the existingSECTIONs accordingly: SECTIONi____.iiThe provisions of this Act do not take effect unless the state of Texas collects the maximum amount of federal funding available to fully provide theWomen ’s Health Program in Texas, as certified by the Legislative BudgeT Board inan open, posted hearing.
The amendment to Floor Amendment No.i1 to CSSB 5 was read.
On motion of Senator Hegar, Floor Amendment No. 10 was tabled by the Yeas:iiBirdwell, Campbell, Carona, Deuell, Duncan, Eltife, Estes, Fraser, Hancock, Hegar, Huffman, Nelson, Nichols, Patrick, Paxton, Schwertner, Seliger,Taylor, Williams.
Nays:iiDavis, Ellis, Garcia, Hinojosa, Lucio, Rodrı´guez, Uresti, VanideiPutte, Senator Davis offered the following amendment to Floor Amendment No. 1: Floor Amendment No. 11
Amend Floor Amendment No. 1 to CSSB 5 (Senate committee printing) by
adding the following appropriately numbered SECTION and renumbering the existingSECTIONs accordingly: SECTIONi____.iiThe provisions of this Act do not take effect unless the rate of uninsured persons in the state of Texas, as determined by the American CommunitySurvey conducted by the U.S. Census Bureau or a similar survey conducted by thefederal government, is less than 5 percent.
The amendment to Floor Amendment No.i1 to CSSB 5 was read.
On motion of Senator Hegar, Floor Amendment No. 11 was tabled by the Yeas:iiBirdwell, Campbell, Carona, Deuell, Duncan, Eltife, Estes, Fraser, Hancock, Hegar, Huffman, Lucio, Nelson, Nichols, Patrick, Paxton, Schwertner,Seliger, Taylor, Williams.
Nays:iiDavis, Ellis, Garcia, Hinojosa, Rodrı´guez, Uresti, VanideiPutte, Watson, Senator Garcia offered the following amendment to Floor Amendment No. 1: Floor Amendment No. 12
Amend Floor Amendment No. 1 to CSSB 5 (Senate committee printing) by
adding the following appropriately numbered SECTION and renumbering the existingSECTIONs accordingly: SECTIONi____.iiThe provisions of this Act do not take effect unless the total number of uninsured persons in the state of Texas, as determined by the AmericanCommunity Survey conducted by the U.S. Census Bureau or a similar surveyconducted by the federal government, is fewer than 1 million.
The amendment to Floor Amendment No.i1 to CSSB 5 was read.
On motion of Senator Hegar, Floor Amendment No. 12 was tabled by the Yeas:iiBirdwell, Campbell, Carona, Deuell, Duncan, Eltife, Estes, Fraser, Hancock, Hegar, Huffman, Lucio, Nelson, Nichols, Patrick, Paxton, Schwertner,Seliger, Taylor, Williams.
Nays:iiDavis, Ellis, Garcia, Hinojosa, Rodrı´guez, Uresti, VanideiPutte, Watson, Senator Garcia offered the following amendment to Floor Amendment No. 1: Floor Amendment No. 13
Amend Floor Amendment No. 1 to CSSB 5 (Senate committee printing) by
adding the following appropriately numbered SECTION and renumbering the existingSECTIONs accordingly: SECTIONi____.iiThe provisions of this Act do not take effect unless the total number of uninsured persons in the state of Texas, as determined by the AmericanCommunity Survey conducted by the U.S. Census Bureau or a similar surveyconducted by the federal government, is fewer than 3 million.
83rd Legislature — First Called Session The amendment to Floor Amendment No.i1 to CSSB 5 was read.
On motion of Senator Hegar, Floor Amendment No. 13 was tabled by the Yeas:iiBirdwell, Campbell, Carona, Deuell, Duncan, Eltife, Estes, Fraser, Hancock, Hegar, Huffman, Lucio, Nelson, Nichols, Patrick, Paxton, Schwertner,Seliger, Taylor, Williams.
Nays:iiDavis, Ellis, Garcia, Hinojosa, Rodrı´guez, Uresti, VanideiPutte, Watson, Senator VanideiPutte offered the following amendment to Floor Amendment Floor Amendment No. 14
Amend Floor Amendment No. 1 to CSSB 5 (Senate committee printing) by
adding the following appropriately numbered SECTION and renumbering the existingSECTIONs accordingly: SECTIONi____.iiThe provisions of this legislation do not take effect unless the total number of residents in Texas under 18 years of age who do not have healthinsurance is less than 1 million.
The amendment to Floor Amendment No.i1 to CSSB 5 was read.
(President in Chair)
On motion of Senator Hegar, Floor Amendment No. 14 was tabled by the Yeas:iiBirdwell, Campbell, Carona, Deuell, Duncan, Eltife, Estes, Fraser, Hancock, Hegar, Huffman, Nelson, Nichols, Patrick, Paxton, Schwertner, Seliger,Taylor, Williams.
Nays:iiDavis, Ellis, Garcia, Hinojosa, Lucio, Rodrı´guez, Uresti, VanideiPutte, Senator VanideiPutte offered the following amendment to Floor Amendment Floor Amendment No. 15
Amend Floor Amendment No. 1 to CSSB 5 (Senate committee printing) by
adding the following appropriately numbered SECTION and renumbering the existingSECTIONs accordingly: SECTIONi____.iiThe provisions of this Act do not take effect unless the state of Texas is not ranked among the top 10 states in the country in the percentage ofchildren who do not have health insurance.
The amendment to Floor Amendment No.i1 to CSSB 5 was read.
On motion of Senator Hegar, Floor Amendment No. 15 was tabled by the Yeas:iiBirdwell, Campbell, Carona, Deuell, Duncan, Eltife, Estes, Fraser, Hancock, Hegar, Huffman, Nelson, Nichols, Patrick, Paxton, Schwertner, Seliger,Taylor, Williams.
Nays:iiDavis, Ellis, Garcia, Hinojosa, Lucio, Rodrı´guez, Uresti, VanideiPutte, Senator Ellis offered the following amendment to Floor Amendment No. 1: Floor Amendment No. 16
Amend Floor Amendment No. 1 by Hegar that amends CSSB 5 (Senate
committee printing) by adding the following appropriately numbered SECTION andrenumbering the existing SECTIONs accordingly: SECTIONi____.iiThe provisions of this Act do not take effect unless the state of Texas expands its Medicaid coverage to levels provided by the Patient Protection andAffordable Care Act (Pub. L. No. 111-148), as amended by the Health Care andEducation Reconciliation Act of 2010 (Pub. L. No. 111-152), or a successor law.
The amendment to Floor Amendment No.i1 to CSSB 5 was read.
(Senator Eltife in Chair)
On motion of Senator Hegar, Floor Amendment No. 16 was tabled by the Yeas:iiBirdwell, Campbell, Carona, Deuell, Duncan, Eltife, Estes, Fraser, Hancock, Hegar, Huffman, Nelson, Nichols, Patrick, Paxton, Schwertner, Seliger,Taylor, Williams.
Nays:iiDavis, Ellis, Garcia, Hinojosa, Lucio, Rodrı´guez, Uresti, VanideiPutte, Senator Watson offered the following amendment to Floor Amendment No.i1: Floor Amendment No. 17
Amend Floor Amendment No. 1 to CSSB 5 (senate committee printing) by
adding the following appropriately numbered SECTION and renumbering the existingSECTIONs accordingly: SECTIONi____.iiHUMAN SEXUALITY INSTRUCTION. Section 28.004, Education Code, is amended by amending Subsections (i) and adding Subsection (n)to read as follows: (i)iiBefore each school year, a school district shall provide written notice to a parent of each student enrolled in the district of the board of trustees ’ decisionregarding whether the district will provide human sexuality instruction to districtstudents. If instruction will be provided, the notice must include: (1)iia summary of the basic content of the district ’s human sexuality instruction to be provided to the student, including a statement informing the parentthat the instruction is required by [of the instructional requirements under] state lawto: 83rd Legislature — First Called Session (A)iipresent abstinence from sexual activity as the preferred choice of behavior in relationship to all sexual activity for unmarried persons of school age; and (B)iidevote more attention to abstinence from sexual activity than to any (2)iia statement of whether the instruction is considered by the district to be abstinence-only instruction or comprehensive instruction, including an explanation ofthe difference between those types of instruction and a specific statement regardingwhether the student will receive information on contraception and condom use; (3)i[(2)]iia statement of the parent ’s right to: (A)iireview curriculum materials as provided by Subsection (j); and(B)iiremove the student from any part of the district ’s human sexuality instruction without subjecting the student to any disciplinary action, academic penalty,or other sanction imposed by the district or the student ’s school; and (4)i[(3)]iiinformation describing the opportunities for parental involvement in the development of the curriculum to be used in humansexuality instruction, including information regarding the local school health advisorycouncil established under Subsection (a).
(1)ii"Abstinence-only instruction" means instruction that does not include information about preventing pregnancy, sexually transmitted diseases, infection withhuman immunodeficiency virus, or acquired immune deficiency syndrome throughany means other than total abstinence from sexual activity.
(2)ii"Evidence-based" means information verified or supported by research (A)iiconducted in compliance with accepted scientific methods;(B)iipublished in peer-reviewed journals, if appropriate;(C)iirecognized as medically accurate, objective, and complete by mainstream professional organizations and agencies with expertise in the relevantfield, including the federal Centers for Disease Control and Prevention and the UnitedStates Department of Health and Human Services; and (D)iiproven through rigorous, scientific evaluation to achieve positive outcomes on measures of sexual risk behavior or its health consequences.
The amendment to Floor Amendment No.i1 to CSSB 5 was read.
On motion of Senator Hegar, Floor Amendment No. 17 was tabled by the Yeas:iiBirdwell, Campbell, Carona, Deuell, Duncan, Eltife, Estes, Fraser, Hancock, Hegar, Huffman, Nelson, Nichols, Patrick, Paxton, Schwertner, Seliger,Taylor, Williams.
Nays:iiDavis, Ellis, Garcia, Hinojosa, Lucio, Rodrı´guez, Uresti, VanideiPutte, Senator Watson offered the following amendment to Floor Amendment No.i1: Floor Amendment No. 18
Amend Floor Amendment No. 1 to CSSB 5 (senate committee printing) by
adding the following appropriately numbered SECTION and renumbering the existingSECTIONs accordingly: SECTIONi____.iiHUMAN SEXUALITY INSTRUCTION. Section 28.004, Education Code, is amended by amending Subsections (e) and adding Subsection (n)to read as follows: (e)iiAny course materials and instruction relating to human sexuality, sexually transmitted diseases, or human immunodeficiency virus or acquired immunedeficiency syndrome shall be selected by the board of trustees with the advice of thelocal school health advisory council and must: (1)iibe evidence-based;(2)iipresent abstinence from sexual activity as the preferred choice of behavior in relationship to all sexual activity for unmarried persons of school age; (3)i[(2)]iidevote more attention to abstinence from sexual activity than to (4)i[(3)]iiemphasize that abstinence from sexual activity, if used consistently and correctly, is the only method that is 100 percent effective in preventing pregnancy,sexually transmitted diseases, infection with human immunodeficiency virus, [or]acquired immune deficiency syndrome, and the emotional trauma associated withadolescent sexual activity; (5)i[(4)]iidirect adolescents to a standard of behavior in which abstinence from sexual activity before marriage is the most effective way to prevent pregnancy,sexually transmitted diseases, [and] infection with human immunodeficiency virus,and [or] acquired immune deficiency syndrome; and (6)i[(5)]iiteach contraception and condom use in terms of human use reality rates instead of theoretical laboratory rates, if instruction on contraception andcondoms is included in curriculum content.
(1)ii"Abstinence-only instruction" means instruction that does not include information about preventing pregnancy, sexually transmitted diseases, infection withhuman immunodeficiency virus, or acquired immune deficiency syndrome throughany means other than total abstinence from sexual activity.
(2)ii"Evidence-based" means information verified or supported by research (A)iiconducted in compliance with accepted scientific methods;(B)iipublished in peer-reviewed journals, if appropriate;(C)iirecognized as medically accurate, objective, and complete by mainstream professional organizations and agencies with expertise in the relevantfield, including the federal Centers for Disease Control and Prevention and the UnitedStates Department of Health and Human Services; and evaluation to achieve positive outcomes on measures of sexual risk behavior or itshealth consequences.
83rd Legislature — First Called Session The amendment to Floor Amendment No.i1 to CSSB 5 was read.
On motion of Senator Hegar, Floor Amendment No. 18 was tabled by the Yeas:iiBirdwell, Campbell, Carona, Deuell, Duncan, Eltife, Estes, Fraser, Hancock, Hegar, Huffman, Lucio, Nelson, Nichols, Patrick, Paxton, Schwertner,Seliger, Taylor, Williams.
Nays:iiDavis, Ellis, Garcia, Hinojosa, Rodrı´guez, Uresti, VanideiPutte, Watson, Senator Watson offered the following amendment to Floor Amendment No.i1: Floor Amendment No. 19
Amend Floor Amendment No. 1 to CSSB 5 (Senate committee printing) by
adding the following appropriately numbered SECTION and renumbering the existingSECTIONs accordingly: SECTIONi____.iiThe provisions of this Act do not take effect unless the human sexuality instruction under Section 28.004, Education Code includes evidence-basedinstruction.
The amendment to Floor Amendment No.i1 to CSSB 5 was read.
Senator Watson withdrew Floor Amendment No.i19.
Senator Deuell offered the following amendment to Floor Amendment No. 1: Floor Amendment No. 20
Amend Floor Amendment No. 1 by Hegar to CSSB 5 as follows:
(1)iiOn page 4, line 3, strike "abortion-inducing drug" and substitute "abortion-inducing drug, except as provided by Subsection (a-1),".
(2)iiOn page 4, between lines 6 and 7, insert:(a-1)iiA person may provide, prescribe, or administer the abortion-inducing drug in the dosage amount prescribed by the clinical management guidelines defined by theAmerican Congress of Obstetricians and Gynecologists Practice Bulletin as thoseguidelines existed on Januaryi1, 2013.
The amendment to Floor Amendment No.i1 to CSSB 5 was read and was
All Members are deemed to have voted "Yea" on the adoption of Floor Question recurring on the adoption of Floor Amendment No.i1 to CSSBi5, the
amendment as amended was adopted by the following vote:iiYeasi20, Naysi10.
Yeas:iiBirdwell, Campbell, Carona, Deuell, Duncan, Eltife, Estes, Fraser, Hancock, Hegar, Huffman, Lucio, Nelson, Nichols, Patrick, Paxton, Schwertner,Seliger, Taylor, Williams.
Nays:iiDavis, Ellis, Garcia, Hinojosa, Rodrı´guez, Uresti, VanideiPutte, Watson, On motion of Senator Hegar and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
CSSB 5 as amended was passed to engrossment by the following vote:iiYeasi20,
Yeas:iiBirdwell, Campbell, Carona, Deuell, Duncan, Eltife, Estes, Fraser, Hancock, Hegar, Huffman, Lucio, Nelson, Nichols, Patrick, Paxton, Schwertner,Seliger, Taylor, Williams.
Nays:iiDavis, Ellis, Garcia, Hinojosa, Rodrı´guez, Uresti, VanideiPutte, Watson, CO-AUTHORS OF SENATE BILL 5
On motion of Senator Hegar, Senators Birdwell, Campbell, Lucio, Nelson, Patrick, Paxton, Taylor, and Williams will be shown as Co-authors of SBi5.
CO-AUTHOR OF SENATE BILL 6
On motion of Senator Nelson, Senator Campbell will be shown as Co-author of CO-AUTHORS OF SENATE BILL 13
On motion of Senator Hegar, Senators Birdwell, Campbell, Paxton, and Williams will be shown as Co-authors of SBi13.
CO-AUTHORS OF SENATE BILL 18
On motion of Senator Patrick, Senators Birdwell, Campbell, and Paxton will be shown as Co-authors of SBi18.
CO-AUTHORS OF SENATE BILL 24
On motion of Senator Deuell, Senators Campbell, Lucio, Paxton, and Williams will be shown as Co-authors of SBi24.
CO-AUTHORS OF SENATE BILL 44
On motion of Senator Zaffirini, Senators Carona, Ellis, Garcia, Hinojosa, Rodrı´guez, Uresti, Van de Putte, and Watson will be shown as Co-authors of SBi44.
CO-AUTHORS OF SENATE JOINT RESOLUTION 2
On motion of Senator Nichols, Senators Lucio, Patrick, and Paxton will be shown as Co-authors of SJRi2.
CO-AUTHOR OF SENATE JOINT RESOLUTION 9
On motion of Senator Davis, Senator Lucio will be shown as Co-author of 83rd Legislature — First Called Session RESOLUTIONS OF RECOGNITION
The following resolutions were adopted by the Senate: Memorial Resolutions
SRi76iby Davis,iIn memory of Mary Ann Walsh McMillan Reaugh.
SRi77iby Davis,iIn memory of Gene Durkee.
SRi78iby Davis,iIn memory of Paul Nudleman.
SRi82iby Williams,iIn memory of Grace Annabel Lee.
SRi83iby Van de Putte,iIn memory of Frank Dannenberg, Jr.
SRi84iby Davis,iIn memory of Dorothy Thomas South.
SRi85iby Davis,iIn memory of Jerry Eugene Hames.
SRi88iby Ellis,iIn memory of William H. Broadus, Jr.
SRi91iby Huffman,iIn memory of Anne McCormick Sullivan.
Congratulatory Resolutions
SRi79iby West,iRecognizing Henry P. Davis, Jr., on the occasion of his retirement.
SRi80iby Schwertner,iRecognizing John Malinowski on the 50th anniversary of his
ordainment.
SRi81iby VanideiPutte,iRecognizing Fred Chapal on the occasion of his 90th
birthday.
SRi86iby Taylor,iRecognizing Syamantak Payra for reaching the final round at the
2013 Scripps National Spelling Bee.
SRi87iby West,iRecognizing the 2013 Soljazz Festival.
SRi89iby Schwertner,iRecognizing Virginia Nell and Woodrow Michael Brimberry
on the occasion of their 50th wedding anniversary.
SRi90iby Fraser,iRecognizing Walter Schellhase for his contributions to the veterans
of this nation.
SRi92iby Zaffirini,iRecognizing the San Marcos Daily Record for its contributions to
its community.
SRi93iby Lucio,iCommending Jeffrey A. Guevara for achieving the rank of Eagle
Scout.
ADJOURNMENT
On motion of Senator Whitmire, the Senate at 10:51ip.m. adjourned until BILLS ENGROSSED
June 14, 2013
SBi2, SBi3, SBi4, SBi23
RESOLUTIONS ENROLLED
SRi36, SRi37, SRi48, SRi66, SRi67, SRi68, SRi69, SRi70, SRi71, SRi72, SRi73,
SRi74, SRi75

Source: http://www.journals.senate.state.tx.us/sjrnl/831/pdf/83S106-18-F1.pdf

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