House Licensing & Administrative Procedures met on March 10 to consider the following bills: HB 394 (Moody), HB 404 (Hernandez), HB 636 (Thompson), HB 817 (Moody), and HB 1024 (Geren). A video of the hearing can be found here.


This report is intended to give you an overview and highlight of the discussions on the various topics taken up. It is not a verbatim transcript of the discussions but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.


HB 404 (Hernandez) – Relating to sexual assault and domestic violence awareness continuing education for cosmetology license holders

  • Hernandez – Seeks to provide cosmetologists a clear understanding of domestic violence awareness and sexual assault; is a refile that made it through the House last session
  • Has been a 19% increase in family and aggregated assaults due to COVID-19
  • Cosmetologists have a unique ability to recognize possible abuse and then provide them the resources to get them help; other states have/are working on passing similar bills
  • Thomas Parkinson, Self – For the bill not testifying
  • Crystal Bell, Texas Counsel on Family violence – For, but not testifying
  • Brian Francis, TDLR – Resource Witness


Voted for HB 404 to be reported favorably to the House and sent to Calendars


HB 1024 (Geren) (Committee Sub) – Relating to the pickup and delivery of alcoholic beverages for off-premises consumption

  • Committee Sub was presented by Kuempel
  • Geren – Only difference in the committee substitute is that it adds private clubs to alcohol to go; seeks to make Governor’s waiver permanent for entities to sell alcohol-to-go
  • Huberty – Kuempel and I are for this bill
  • Have a number of witnesses registered for, but not testifying


Nicole Holt, Texans for Safe and Drug Free Youth – Neutral

  • Have some concerns about this bill; alcohol is the most widely used by youth and is the drug that causes death and other disorders later in life
  • This bill presents new and unique challenges to protecting the youth
  • Actions need to be taken to ensure there are no unintended consequences this this bill; recommend a task force to determine the unintended consequences of this bill
    • Would like a report and proposed enforcement mechanism recommendations be made available to the public
  • Need appropriate enforcement and oversight of this new policy
  • Thompson – Have you discussed this with Geren?
    • Yes, and believes he is supportive


Emily Knight, Texas Restaurant Association – For

  • Restaurant industry has been hurt by the pandemic; Texas has lost 20-25% of restaurants
  • Alcohol-to-go has been one of the things that have saved many restaurants from closing
  • This alone will not save the industry, but is one of the tools that will help


Geren – Do support a task force, but it is not included in this legislation; those picking up must be over 21 along with other requirements


HB 1024 (House Substitute) is adopted

Voted for HB 1024 to be reported favorably to the House and sent to Calendars



HB 394 (Moody) – Relating to Texas Lottery Commission rules on lottery game drawings

  • Moody – Would allow lottery drawings on Sunday
  • Is a small bump to the budget, but adds a draw to another day of the week; is no logical reason to be against the bill
  • Texas for a Strong Economy – For, but not testifying
  • Lottery Commission – Neutral, resource witness
  • Thompson –
    • Lotto Two Step and Pick Three
  • Kuempel – Is there an implementation cost?
    • Yes, but is a twenty to one investment


Ayshish Shamsey, Self – For

  • Convenience store owner; lottery brings in a lot of customers to the store
  • Thompson – When people buy lottery tickets, they buy additional items?
    • Correct, they buy other things like milk, bread, soda, and candy


Rob Kohler, Christian Life Convention – Texas Baptists – Against

  • This bill and HB 817 are a package to us, will discuss further testimony then


Voted for HB 394 to be reported favorably to the House and sent to Calendars


HB 817 (Moody) – Relating to the operation of a quick draw lottery game; requiring an occupational license

  • For purchasing of Quick Draw in restaurants and bars; those who are licensed by TABC and have TABC licensees working in the establishment
  • Has brought in $15 billion in other states that have implemented it; could add $3 billion to the Foundation School Fund
  • Geren – Drawings would take place multiple times an hour? Numbers would be displayed on equipment from the Lottery Commission?
    • Yes, anywhere between 12-15 times an hour
    • Yes, for those who want to participate, will be a cost to get up and running
  • Geren – All ticket prices are set by the Lottery Commission? Customer would r
    • Would allow the Lottery Commission to set that in rulemaking; other states define the value
    • Once they are done playing, the facility would provide the
  • Thompson – Isn’t there a machine that could dispense this?
    • Is varying equipment that could
  • Geren – What if the establishment does not have enough to pay out?
    • Is not cash out of the till, but that question is for the Lottery Commission


Jim Hollers, Self – For

  • Restaurant owner; provides an anecdote of playing the game in another state
  • Envisions it in their sports bars
  • Thompson – How do you do the payout?
    • Customer would provide the ticket to the facility, and get paid out
    • They are typically lower priced, but is possible to have someone else dispensing larger payouts
    • Would be not allowed to pay for lottery tickets with credit cards
  • Texas for a Stronger Economy – For, but not testifying
  • Ryan Mendel – Resource Witness


Steve Bresnen, Bingo Interest Group – Neutral

  • Bill is a good idea and supports the bill; bingo halls could get licensed with TABC to be involved
  • Would like to work with the proponents to see if this lottery play could be incorporated in bingo halls


Rob Kohler, Christian Life Convention – Texas Baptists – Against

  • This is not a traditional lottery bill, drawings can be every four minutes
  • KENO/Quick Draw in this state is a class 3 casino game and something of this nature would require a constitutional amendment


Thompson – Do not need a constitutional amendment for this?

  • Moody – Does not believe that is a legitimate concern


Voted for HB 817 to be reported favorably to the House and sent to Calendars


HB 636 (Thompson) – Relating to the continuation and functions of the Texas State Board of Plumbing Examiners; authorizing a fee

  • Thompson – This bill continues the Texas State Board of Plumping as an agency rather than merging it with TDLR
  • Sunset Report for TDLR said they would not have the ability to take on additional responsibility due to evidence of increased burden/responsibility
  • Notes the winter storm has highlighted the importance of this agency
  • Several witnesses registered for the bill, but do not wish to testify


Stephen Cox, Plumbing, Heating, and Cooling Contractors Association – For

  • Have been deemed essential workers and is critical their work continues through the State Board of Plumping Examiners


Joe Cooper, Southwest Pipe Trade Association – For

  • During the pandemic and the winter storm, plumbers have worked to ensure Texans have safe and reliable service
  • Geren – We are all in support, notes he still has reservations about the current leadership; the sooner they are gone the better
  • Fierro – Asks them to describe the process to be licensed
    • Overviews the hands-on approach to training and licensing; is a 5-year apprenticeship


Christopher Smith, Self – For

  • Is a plumber, voices support for this bill; have a new board to move this forward


Jessie Howard, Self – For

  • Voices support for the bill and new board


Frank Denton, Chair State Board of Plumbing Examiners – Neutral, Resource Witness

  • Fierro – Explain how the board continues to function with the pandemic? Does it still effect the day to day?
    • Overviews the agency’s pandemic response; was appointed in December, but the agency continued to function
    • Still have those protocols in place, and some will be ongoing; hopes virtual meetings will be a permanent way to conduct business
  • Fierro – Where are you in complying for 2018 Sunset recommendations?
    • Agency has spent the last two years coming into compliance; are about 95% in compliance, bill provides us to go beyond Sunset efficiency recommendations


Lisa Hill, Executive Director State Board of Plumping Examiners – Neutral, Resource Witness

  • Notes they were not impeded by the pandemic


Voted for HB 636 to be reported favorably to the House and sent to Calendars