Senator Angela Eckhart moved to sever the nomination of Officer Justin Berry from the committee’s pending list so the nominee could receive separate consideration. Eckhart said she had delivered packets to each committee member summarizing a dismissed indictment connected to the 2020 protest response and other allegations she said she learned of from press reports and court records.

Eckhart said her 16-year-old daughter and friends were present at the 2020 protest she referenced; she said the incident and additional reports raised questions about Berry’s fitness to serve on the Texas Commission on Law Enforcement (TCOLE). "This incident alone should cause some question regarding his fitness to set the standards of conduct and training for peace officers in Texas," Eckhart said on the record.

After brief procedural remarks from the chair, the committee held a roll call on the severed nomination. The clerk recorded the following votes on reporting Officer Justin Berry to the full Senate for confirmation: Chairwoman Cheryl McCampbell — Aye; Vice Chair Hagenbuch — Aye; Senator David Alvarado — Nay; Senator Brian Birdwell — Aye; Senator Angela Eckhart — Nay; Senator Ken Paxton — Aye; Senator Sparks — Aye. The tally was five ayes and two nays.

The committee’s roll call result means the committee will forward the nomination of Justin Berry to the full Senate for confirmation despite the objections and material Senator Eckhart placed in members’ offices.