HOUSE RESEARCH ORGANIZATION • TEXAS HOUSE OF REPRESENTATIVES P.O. Box 2910, Austin, Texas 78768-2910 (512) 463-0752 • http://www.hro.house.state.tx.us Steering Committee: Dwayne Bohac, Chairman Alma Allen, Vice Chairman Rafael Anchia Ken King Andrew Murr Angie Chen Button John Frullo Brooks Landgraf Eddie Lucio III Joe Pickett Joe Deshotel Donna Howard J. M. Lozano Ina Minjarez Gary VanDeaver HOUSE RESEARCH ORGANIZATION daily floor report Friday, May 05, 2017 85th Legislature, Number 64 The House convenes at 10:30 a.m. Part Two Twenty-four bills set for second-reading consideration on today’s daily calendar are analyzed or digested in Part Two of today’s Daily Floor Report. They are listed on the following page. Dwayne Bohac Chairman 85(R) - 64 HOUSE RESEARCH ORGANIZATION Daily Floor Report Friday, May 05, 2017 85th Legislature, Number 64 Part 2 HB 2222 by Hunter Making certain victims' addresses confidential 36 HB 1216 by Deshotel Requiring disclosure of gestational agreements in divorce proceedings 39 HB 1549 by Burkett Expanding DFPS prevention and early intervention services 41 HB 2466 by Davis Authorizing postpartum depression screening under Medicaid for mothers 46 HB 1174 by Hinojosa Adding OnRamps completion as a high school performance measure 50 HB 1463 by Smithee Requiring notice of certain Americans with Disabilities Act claims 52 HB 1243 by Smithee Using a death master list to verify unclaimed life insurance and annuities 55 HB 1542 by Price Considering the least restrictive environment for foster care placements 59 HB 25 by Simmons Eliminating one-punch, straight-party voting 63 HB 2223 by Giddings Requiring a corequisite model for developmental education 66 HB 2079 by Hunter Developing a tourism program to promote the state's musical heritage 69 HB 3305 by Larson Restricting political contributions by gubernatorial appointees 71 HB 3056 by Meyer Changing the Texas Local Fire Fighters Retirement Act and TMRS 73 HB 3488 by Hinojosa Authorizing the formation of public benefit corporations in Texas 76 HB 3956 by Geren Prohibiting governmental subpoenas for religious sermons 78 HB 1556 by González Designating foster parents as special education decision-makers 80 HB 961 by Rodriguez Allowing junior college district trustees to be elected by plurality vote 83 HB 72 by Keough Authorizing local victim-offender mediation programs for certain crimes 84 HB 18 by Capriglione Oversight and requirements applicable to certain state contracts 89 HB 150 by Bell Homestead exemption for partially donated homes of disabled veterans 95 HB 161 by Dutton, Jr. Prohibiting certain findings of contempt 97 HB 3062 by Kacal Changing requirements on sales of property seized for delinquent taxes 98 HB 238 by Hernandez Requiring DNA samples after conviction for solicitation of prostitution 99 HB 2484 by Nevárez Requiring licensure of animal export-import facilities in Texas 101 HOUSE HB 2222 RESEARCH Hunter, et al. ORGANIZATION bill digest 5/5/2017 (CSHB 2222 by Moody) SUBJECT: Making certain victims' addresses confidential COMMITTEE: Criminal Jurisprudence — committee substitute recommended VOTE: 7 ayes — Moody, Hunter, Canales, Gervin-Hawkins, Hefner, Lang, Wilson 0 nays WITNESSES: For — Marta Prada Pelaez, Family Violence Prevention Services, Inc.; G. G.; (Registered, but did not testify: Fiorella Giordano, Bethesda Church; Kathryn Freeman, Christian Life Commission; TJ Patterson, City of Fort Worth; Dorothy Dundas, House of Accord; Jim Grace, Houston Area Women's Center; Jesse Ozuna, City of Houston Mayor's Office; Tiana Sanford, Montgomery County District Attorney's Office; Judy Gautreaux, Mt. Pleasant Prayer Network; James Jones, San Antonio Police Department; Vincent Giardino, Tarrant County Criminal District Attorney's Office; Thomas Schlueter, Texas Aposrolic Prayer Network; Chris Kaiser, Texas Association Against Sexual Assault; Joshua Houston, Texas Impact; Mike Gomez, Texas Municipal Police Association; Aaron Setliff, the Texas Council on Family Violence; Justin Wood, Travis County District Attorney; Suzanne Vincent, Trinity Fellowship Church; Ruby Dodson, TxAPN; Trayce Bradford; Thomas Parkinson; John Seago) Against — None On — Kristen Huff, Texas Office of the Attorney General BACKGROUND: Code of Criminal Procedure, art. 56.82(a) requires the attorney general to establish an address confidentiality program to assist a victim of family violence, human trafficking, sexual assault, aggravated sexual assault, prohibited sexual conduct, or stalking. Through the program, the attorney general ensures the confidentiality of a participant's residential, business, or school addresses and designates a substitute post office box address for a participant to use in place of the real address. Some individuals say that this confidentiality program should be - 36 - HB 2222 House Research Organization page 2 expanded to include victims under certain protective orders and that other information on these victims also should be classified to reduce ongoing abuse or stalking. DIGEST: CSHB 2222 would authorize an individual to be eligible for the address confidentiality program if the applicant, or a member of the applicant's household, was protected under: a temporary restraining order; a temporary ex parte order related to family violence; a protective order related to sexual assault or abuse, stalking, human trafficking, or family violence; or a magistrate's order for emergency protection related to family violence. An applicant also could be eligible if he or she had other documentation of family violence, sexual assault or abuse, or stalking. The attorney general could disclose a participant's true residential, business, or school address to a requesting law enforcement agency only if it was for the purpose of conducting an investigation. The bill also would classify an individual's residential address submitted in a voter registration application or in a tax appraisal record as confidential, if the applicant provided certain evidence that: the applicant or an applicable member of his or her household was a victim of family violence; the applicant or an applicable member of his or her household was a victim of sexual assault or abuse, stalking, or human trafficking; or the applicant was a participant in the address confidentiality program. This bill would take immediate effect if finally passed by a two-thirds record vote of the membership of each house. Otherwise, it would take effect September 1, 2017. - 37 - HB 2222 House Research Organization page 3 NOTES: A companion bill, SB 256 by V. Taylor, was reported favorably without amendment by the House Committee on Criminal Jurisprudence on April 28 and has been sent to Calendars. - 38 - HOUSE HB 1216 RESEARCH Deshotel, Thierry ORGANIZATION bill digest 5/5/2017 (CSHB 1216 by Dutton) SUBJECT: Requiring disclosure of gestational agreements in divorce proceedings COMMITTEE: Juvenile Justice and Family Issues — committee substitute recommended VOTE: 7 ayes — Dutton, Dale, Biedermann, Cain, Moody, Schofield, Thierry 0 nays WITNESSES: For — (Registered, but did not testify: Emily Horne, Texas Right to Life) Against — (Registered, but did not testify: Cindy Asmuseen; Traycd Bradford; William Busby; Dana Hodges) On — Steve Bresnen and Heather King, Texas Family Law Foundation BACKGROUND: Family Code, ch. 160, subch. I governs gestational agreements, which involve a woman and the intended parents of a child entering an agreement in which the woman relinquishes all parental rights to a child conceived through assisted reproduction and the intended parents become the parents of the child. When the intended parents are a married couple filing for divorce, confusion can arise about the parent-child relationship among the intended parents, the gestational mother, and the child. DIGEST: CSHB 1216 would require divorce petitions between married couples that had entered into a gestational agreement to disclose: the existence of a gestational agreement whether the gestational mother was pregnant or a child had been born under the agreement; and whether the agreement had been validated by a court. The bill would allow an intended parent to file suit to establish parental rights, but only against or jointly with the other intended parent. The bill would take effect September 1, 2017, and would apply only to - 39 - HB 1216 House Research Organization page 2 petitions for divorce filed on or after that date. - 40 - HOUSE HB 1549 RESEARCH Burkett, et al. ORGANIZATION bill analysis 5/5/2017 (CSHB 1549 by Miller) SUBJECT: Expanding DFPS prevention and early intervention services COMMITTEE: Human Services — committee substitute recommended VOTE: 8 ayes — Raymond, Frank, Klick, Miller, Minjarez, Rose, Swanson, Wu 0 nays 1 absent — Keough WITNESSES: For — Peter Sakai, 225th District Court; Melanie Rubin, Dallas Early Education Alliance; Will Francis, National Association of Social Workers-Texas Chapter; Sarah Crockett, Texas CASA; Patricia Hogue, Texas Lawyers for Children; Madeline McClure, TexProtects; (Registered, but did not testify: Cynthia Humphrey, Association of Substance Abuse Programs; Kathryn Freeman, Christian Life Commission; Gyl Switzer, Mental Health America of Texas; Christine Yanas, Methodist Healthcare Ministries; Greg Hansch, National Alliance on Mental Illness (NAMI) Texas; Katherine Barillas, One Voice Texas; Diane Ewing, Texans Care for Children; Shannon Noble, Texas Counseling Association; Joshua Houston, Texas Impact; Clayton Travis, Texas Pediatric Society; Harrison Hiner, Texas