84th Legislative Session Weekly Recap Week of May 4-8
GOVERNOR: 2015 Best and Worst States – On Friday, Governor Greg Abbott announced that Texas has been ranked the #1 best state to do business in by Chief Executive's 2015 Best & Worst States to Do Business survey of top CEOs. 2015 is the 11th year in a row Texas has topped the list. Governor Abbott said, “Everything is bigger in Texas, and that includes our business climate. Despite being the number one state to do business for 11 consecutive years, Texas will do even more to empower businesses and increase economic expansion. That's why I'm promoting policies to cut the business franchise tax, further rein in regulatory regimes and elevate our higher education system to bolster our workforce so that Texas keeps creating jobs and opportunity."
SENATE: The Senate was in session Monday through Friday this week, but on Friday, they met only for a Local and Uncontested calendar. Until this week, the Senate and House had not taken up many bills from the other chamber. In fact, prior to this week, the Senate had only passed one House bill – HB 1, the appropriations bill. This week, the Senate passed an additional 16 House bills and one House Joint Resolution for a total of 18 House bills passed by the Senate so far this session. Monday’s Senate Intent calendar includes 29 House bills.
On Monday, the Senate passed 28 bills including:
HB 40 by Drew Darby (R-San Angelo) and Troy Fraser (R-Marble Falls) would establish that the authority of a municipality or other political subdivision to regulate an oil and gas operation is preempted by the state. Senator Fraser said, “This is important legislation to keep Texas communities safe and our economy strong. HB40 represents balanced legislation to continue the 100-year history of cooperation between Texans, their communities and oil and natural gas operators.” It passed the Senate by a vote of 24-7. There were no amendments, so HB 40 has now been sent to the governor.
SB 213 by Brian Birdwell (R-Granbury) is the sunset bill for the University Interscholastic League. (committee substitute) Senator Birdwell said, “This bill will end the state’s steroid testing program for high school athletes, which has uncovered very few violations at a cost of $10 million over eight years. And, it will also tighten concussion reporting requirements, disclosing to the state how many coaches have and have not completed concussion training and will ensure that schools have complied with a mandate for a concussion oversight team.” The committee substitute was adopted and it passed the Senate by a vote of 30-1.
84th Legislative Session Weekly Recap Week of May 4-8
SB 1184 by Don Huffines (R-Dallas) would require the state auditor to audit regional mobility authorities. The committee substitute was adopted and it passed the Senate by a vote of 29-2.
They also gave preliminary approval to:
SB 1575 by Jose Rodriguez (D-El Paso) would give El Paso County the authority to regulate lots in undeveloped subdivisions and colonias. The committee substitute was adopted and it passed to Third Reading by a vote of 21-10. It received final approval on Tuesday by the same vote.
On Tuesday, the Senate passed 11 bills on the Local and Uncontested calendar and an additional 15 bills including:
SB 585 by Kirk Watson (D-Austin) would lower the reporting threshold for lobbyists to report details of food, drink and entertainment to $50 per day. It passed unanimously.
SB 279/ SJR 20 by Kirk Watson (D-Austin) would propose a constitutional amendment authorizing political subdivisions other than school districts to adopt a residential homestead exemption of at least $5,000. Senator Watson said, "We need to give cities and counties every available tool to reduce property taxes for homeowners and improve affordability. This change would ensure that property tax relief is directed at the homeowners who need it most. The objective is to give local jurisdictions additional tools for reducing local property taxes while retaining the authority to pick what option works best for the local community." On SB 279, the committee substitute and one floor amendment were adopted. It passed unanimously. On SJR 20, the committee substitute and one floor amendment were adopted and it passed the Senate by a vote of 30-1.
On Wednesday, the Senate passed 18 bills including:
SB 923 by Kirk Watson (D-Austin) would create a new offense of seeking to intimidate public officials and their family by posting information about them online or “doxing.” There were no amendments. It passed unanimously.
On Thursday, the Senate passed 21 bills including:
84th Legislative Session Weekly Recap Week of May 4-8
HB 4 by Dan Huberty (R-Humble) and Donna Campbell (R-New Braunfels) would require the Commissioner of Education to establish a High Quality Pre-Kindergarten Program. Governor Greg Abbott said, “The process of elevating our state’s education system to be first in the nation begins in the critical early learning years of Texas children and I applaud the Texas Senate for getting us one step closer to ensuring HB 4 becomes law. Today’s vote is essential to implementing high- quality education standards for Texas Pre-K students, providing them with the tools necessary to succeed, and improving accountability and transparency measures for participating Pre-K programs across the state. Working together we can – and will – strengthen the foundation for the future success of our state’s early education system for generations to come.” Eleven floor amendments were adopted and it passed the Senate by a vote of 26-5.
SB 374 by Charles Schwertner (R-Georgetown) would require state agencies to participate in the federal E-Verify program. It passed by a vote of 20-11. There were no amendments.
On Friday, the Senate passed 44 bills on the Local and Uncontested calendar including designating Abilene as the Official Storybook Capital of Texas (SCR 38), Designating Terry County as the official Grape Capital of Texas (SCR 41), and authorizing a portrait of Governor Rick Perry to be placed in the Texas Capitol (SCR 40).
Total number of bills reported out of Senate Committees this week: 143 Total number of bills passed by the Senate this week: 137 Total passed on the Local and Uncontested calendar: 55
Next Week: The Senate adjourned until Monday, May 11, 2015 at 11:00 a.m. Monday’s Senate Intent Calendar has 80 bills. Key Senate Intent calendar bills for Monday are included in the issue categories below.
HOUSE: This week, the House was in session Monday through Friday. There had been a calendar scheduled for Saturday, but they doubled up on Friday in order to be off on Saturday and Sunday for Mothers’ Day Weekend. Prior to this week, the House had passed 32 Senate bills. This week, the House passed another 35 Senate bills for a total of 67, and they have eight SB’s on Monday’s calendar and 20 bills on postponed business that are presumably awaiting Senate Bills to substitute on the calendar.
On Monday, the House passed 49 Third Reading bills, including:
84th Legislative Session Weekly Recap Week of May 4-8
HB 20 by Ron Simmons (R-Carrollton) would require the Texas Department of Transportation (TxDOT) to implement a performance-based transportation planning and programming process to provide the legislature with indicators that quantify and qualify progress toward attaining department goals and objectives; and require the department to establish a scoring system to prioritize projects seeking state funding. Representative Simmons said, "I filed HB 20 to provide a framework to ensure transportation dollars are administered in an objective, transparent manner with accountability for every dollar spent. While there have been numerous efforts to increase transportation funding this session, public concern regarding how and why transportation funds are spent continues to grow. This places the infrastructure needs of the state at odds with the public desire for greater transparency and efficiency." The committee substitute and four floor amendments were adopted and it passed the House by a vote of 135-2.
The House gave preliminary approval to 30 additional bills including:
HB 408 by Chris Turner (D-Grand Prairie) would bar elected officials from collecting a salary and state pension at the same time, if their retirement payments are a result of their service as an elected official. Representative Turner said, "This legislation simply says that if politicians want to start collecting a state-funded pension as a result of their time in office, they need to really retire and no longer collect a salary. Our state leaders frequently tout Texas as a national example for fiscal responsibility. This measure is about fiscal responsibility - it's just plain common sense that an elected official should not be getting paid twice for doing one job. Banning double dipping is an important step to strengthening the public's trust and faith in both elected officials and the laws under which we serve." One floor amendment was adopted and it passed to Third Reading by a vote of 137-2. On Tuesday, another floor amendment was added and it received final approval by a vote of 144-1.
HB 763 by Susan King (R-Abilene) would require an interested person submitting a petition requesting the adoption of agency rules to be a Texas resident. It passed unanimously. There were no amendments.
HB 2293 by Drew Darby (R-San Angelo) would require the comptroller to certify the final taxable value for each school district adjusted for provisions of the Education Code related to school funding pursuant to a memorandum of understanding entered into between the comptroller and the commissioner of education. The committee substitute was adopted.
SB 901 by Kevin Eltife (R-Tyler) and Nicole Collier (D-Fort Worth) would allow injured workers who make less than $10 an hour to receive 75% of their average weekly wages for the first 26 weeks after an injury. The current law allows 75% temporary income benefits for 84th Legislative Session Weekly Recap Week of May 4-8
the first 26 weeks to those making less than $8.50 an hour. SB 901 was substituted for HB 1607 on the House floor and it passed the House by a vote of 144-1.
Failed to Pass to Third Reading:
HB 2587 by Rene Oliveira (D-Brownsville) would require the Department of Workers’ Compensation to conduct research to determine why employers do not participate in workers’ compensation and determine the extent to which injured employees rely on public benefits. Two committee amendments were adopted in lieu of the substitute, but it failed to pass to Third Reading by a vote of 52-85.
On Tuesday, the House passed 98 bills on the Local and Consent calendar including resolutions designating the western honey bee as the Official State Pollinator of Texas (HCR 65); designating the City of Jasper as the Official Butterfly Capital of Texas (HCR 69); re- designating Jim Hogg County as the Official Vaquero Capital of Texas (HCR 77); and designating “the Lone Star State” as the official nickname of Texas (HCR 78).
They passed 31 Third Reading bills and gave preliminary approval to 41 additional bills including:
HB 4034 by Drew Darby (R-San Angelo) would require three-sixteenths of one cent per barrel tax collected along with the 4.6 percent tax on oil production to be deposited into the oil and gas regulation and cleanup fund to be used to administer the state’s oil and gas conservation laws. It passed the House by a vote of 145-2. There were on amendments.
On Wednesday, the House passed 40 Third Reading bills. They gave preliminary approval to 40 additional bills including:
HB 928 by Ryan Guillen (D-Rio Grande City) would require the Water Conservation Advisory Council to assist with drought preparedness and response by monitoring and developing strategies for responding to drought. The committee substitute was adopted. It passed the House by a vote of 138-3.
HB 912 by Jason Isaac (R-Dripping Springs) would require the Texas Commission on Environmental Quality to dismiss a protest against a commission decision on a wastewater discharge permit if the protest is filed by a municipality that is subject to less stringent wastewater treatment requirements than the requirements established by the permit. It passed the House by a vote of 118-22. There were no amendments.
84th Legislative Session Weekly Recap Week of May 4-8
HB 1324 by Celia Israel (D-Austin) would direct the Texas Department of Transportation, in coordination with the DPS, transit authorities, and local transportation departments, to implement a “Busses on Shoulders” pilot program in Travis, Bexar, El Paso, and Tarrant Counties. Representative Israel said, “Not every transportation solution has a dollar sign. Today, over 100 members of the Texas House helped me pass a bill that will make our transportation system more reliable and convenient. As of 2014, thirteen states had adopted policies permitting buses to use shoulders in an effort to make bus service more reliable. With HB 1324, Texas could be the fourteenth to adopt this cost-free, common-sense approach to easing congestion. Whether we use busses or not, shouldn't we make it easier for more people to say yes to the bus and take one more car off the freeway?" It passed the House by a vote of 105-36. There were no amendments.
Failed to Pass to Third Reading:
HB 187 by Senfronia Thompson (D-Houston) would specify the circumstances under which an unlawful employment practice has occurred, with respect to an allegation of discrimination in payment compensation. The committee substitute was adopted but it failed to pass to Third Reading by a vote of 57-78. Representative Thompson requested it to be spread on the journal and that motion passed. That parliamentary maneuver will allow it to be brought back up for reconsideration.
On Thursday, the House passed 31 bills and passed another 64 to Third Reading including:
HB 14 by Geanie Morrison (R-Victoria) would make several changes to the Texas Emissions Reduction Plan. One floor amendment was adopted. It passed the House by a vote of 130-10.
HB 30 by Lyle Larson (R-San Antonio) would require each regional water planning group to identify opportunities for and the benefits of developing large-scale desalination facilities for brackish groundwater or seawater that serve local or regional brackish groundwater production zones. The committee substitute was adopted.
HB 1169 by Dan Flynn (R-Van) would clarify that rendition statements and income and expense information provided to an appraisal office are confidential and not subject to public inspection. The committee substitute was adopted.
On Friday, the House passed 75 bills on the Local and Uncontested calendar including resolutions designating the cowboy hat as the Official State Hat of Texas (HCR 35); designating #txlege as the Official Hashtag of the Texas Legislature (HCR 104); designating #Texas as the Official Hashtag of Texas (HC 105); and #TexasToDo as the Official Hashtag 84th Legislative Session Weekly Recap Week of May 4-8
of Texas Tourism (HCR 106). They passed 64 Third Reading bills. They adopted HJR 79 by Paul Workman (R-Austin), which would propose a constitutional amendment calling on the U.S. Congress to propose an amendment to the U.S. Constitution providing a federal balanced budget, by a vote of 100-20, which was enough for adoption without Third Reading.
They passed 39 bills to Third Reading including:
HB 2595 by Jim Keffer (R-Eastland) would prohibit a municipality from accepting for verification, certification, or other approval a petition requesting the enactment or repeal of an ordinance or charter provision, if the proposed enactment or repeal would restrict the right of any person to use or access the person’s private property for economic gain. One floor amendment was adopted and it passed to Third Reading on a voice vote. It will be on Monday’s calendar for final approval.
HB 4097 by Todd Hunter (R-Corpus Christi) would require TCEQ to adopt rules that allow desalinated seawater to be used for nonpotable uses. The committee substitute and two floor amendments were adopted and it passed to Third Reading on a voice vote. It will be on Monday’s calendar for final approval.
Failed on Third Reading:
HB 1058 by Joe Farias (D-San Antonio) would require the owner or operator of a municipal solid waste landfill or incinerator to post a sign that encourages consumers to recycle electronic waste. The committee substitute was adopted and it passed to Third Reading on Thursday on a voice vote, but was voted down on Friday on final passage by a vote of 64-77.
Failed on Second Reading:
HB 150 by Dan Flynn (R-Van) would eliminate Daylight Savings Time. The committee substitute and three floor amendments were adopted, but it failed to pass to Third Reading by a vote of 56-79. Representative Dan Huberty, who voted on the prevailing side, gave one hour notice of intent to reconsider the vote by which it failed to pass to third reading. Therefore, it can be brought up again for reconsideration.
HB 2919 by John Raney (R-Bryan) would require the Texas A&M Energy Systems Laboratory, in consultation with the Texas Facilities Commission and the State Energy Conservation Office, to create a pilot program in which the State Energy Conservation Office makes or guarantees loans to governmental entities to finance energy efficiency improvements in state-owned buildings. The committee substitute and one floor 84th Legislative Session Weekly Recap Week of May 4-8
amendment were adopted but it failed to pass to Third Reading by a vote of 63-69. Representative Drew Darby gave one hour notice of intent to reconsider and it can now be brought back before the House for reconsideration.
Total number of bills reported out of House Committees this week: 525 Total number of bills passed by the House this week: 397 Total passed on the Local and Consent calendar: 173
Next Week: The House adjourned until 10:00 a.m. on Monday, May 11, 2015. When the House adjourned for the weekend on Friday around 6:00 p.m. there were still 87 Second Reading bills remaining on Friday’s calendar. Those will be rolled over to Monday’s calendar and be added to the 62 bills already on Monday’s calendar and the 21 bills added to Monday’s calendar by the House Calendars Committee on Friday afternoon. Monday’s House calendar also has 40 Third Reading bills and 20 items of postponed business – for a grand total of 230 bills on Monday’s House calendar. For Tuesday, they have 57 bills on a Local and Consent calendar and 82 Second Reading bills on the General State calendar. For Wednesday, the calendar has 10 bills (so far). End-of Session deadlines begin to kick in this week with Monday being the deadline for House committees to report out House bills; Tuesday at 10:00 p.m. is the deadline for House bills to be put on the calendar for consideration; Thursday midnight is the deadline for the House to debate Second Reading bills on the General Calendar; and Friday midnight is the deadline for the House to pass Consent bills on Second Reading and all House bills (except Local House bills) on Third Reading.
BUDGET:
Next Week: House Calendar:
HB 799 by Giovanni Capriglione (R-Southlake) would require the comptroller to conduct a study relating to the effects federal regulations and mandates enacted by federal law have on the state including a cost-benefit analysis on the impact of state compliance with federal regulations. It is on the House calendar for Monday, May 11, 2015.
ECONOMIC DEVELOPMENT: Passed the House: HB 1112 by Roland Gutierrez (D-San Antonio) would include job training programs for jobs in the health care, technology, or oil and gas industries as eligible projects of a defense adjustment management authority. It passed on the House Local and Consent calendar.
84th Legislative Session Weekly Recap Week of May 4-8
SB 458 by Eddie Lucio, Jr. (D-Brownsville) and Greg Bonnen (R-Friendswood) would require the Texas Economic Development and Tourism Office and the Aerospace and Aviation Advisory Committee to develop short-term and long-term policy initiatives or recommend reforms the state may undertake or implement to increase commercial provider investment in aerospace activities. SB 458 was substituted for HB 1984 on the House calendar and it passed by a vote of 124-10.
Next Week: House Calendar: HB 1250 by Jim Murphy (R-Houston) would change the wage requirement for Chapter 313 agreements from at least 110 percent of the county average weekly wage for manufacturing jobs in the county to at least 110 percent of the lesser of the state median annual wage for manufacturing jobs in Texas or the county average annual wage for manufacturing jobs in the county. It is on the House calendar for Tuesday, May 12, 2015 (committee substitute).
The House Economic and Small Business Development Committee will meet on Thursday, May 14, 2015 at 8:00 a.m. in E2.010 of the capitol extension to take up:
SB 100 by Juan “Chuy” Hinojosa (D-McAllen) would make several changes to the Texas Enterprise Zone Program.
ENERGY: On Monday, the House Energy Resources Committee took up:
HB 3480 by Chris Turner (D-Arlington) would set out specific requirements of an air quality permit for new facilities or modifications of existing facilities that belong to oil and gas-related Standard Industrial Classification Codes. It was left pending.
Passed the House: HB 1625 by Wayne Faircloth (R-Dickinson) would add light-emitting diode (LED) light bulbs to the list of energy-efficient products to the Memorial Day weekend sales tax holiday for energy-efficient products. It passed by a vote of 123-21. There were no amendments.
Next Week: House Calendar: HB 2392 by Rafael Anchia (D-Dallas) would require the comptroller and the State Energy Conservation Office by rule to establish and administer a program that issues or guarantees loans to be used for improvements that increase the energy efficiency of residences that are not newly constructed. It is on the House calendar for Monday, May 11, 2015 (committee substitute). 84th Legislative Session Weekly Recap Week of May 4-8
HCR 57 Rafael Anchia (D-Dallas) would urge the United States Congress and the president of the United States to eliminate the current ban on crude oil exports. It is on the House calendar for Monday, May 11, 2015. The companion, SCR 13 has passed the Senate and was reported favorably from the House International Trade and Intergovernmental Affairs Committee on May 4, 2015 and is eligible for substitution on the House floor.
HCR 63 by Gene Wu (D-Houston) would urge the U.S. Congress to expedite natural gas imports. It is on the House calendar for Monday, May 11, 2015.
ENVIRONMENT: On Monday, the House Energy Resources Committee took up:
HB 2932 by Rafael Anchia (D-Dallas) would require the Bureau of Economic Geology to conduct a study to examine earthquakes and land shifting occurring in Texas. It was left pending.
Also on Monday, the Senate Natural Resources and Economic Development Committee took up:
HB 1224 by Eddie Lucio, III (D-Brownsville) and Charles Perry (R-Lubbock) would authorize the Texas Water Development Board to approve the use of assets of the revolving fund, the safe drinking water revolving fund, or an additional state revolving fund as a source of revenue or security, or both revenue and security, for the payment of the principal of and interest on state revolving fund bonds. It was reported favorably without amendment and recommended for the Local and Uncontested calendar. It is on Monday’s Senate Intent calendar.
HB 280 by Ron Simmons (R-Carrollton) and Charles Perry (R-Lubbock) would require the Texas Water Development Board to post on its website information related to the state water implementation fund (SWIFT). It was reported favorably without amendment and recommended for the Local and Uncontested calendar. It is on Monday’s Senate Intent calendar.
On Tuesday, the House Environmental Regulation Committee took up:
HB 2425 by Eddie Rodriguez (D-Austin) would create the Texas Beverage Container Recycling Consortium to administer a recycling incentive program. It was left pending.
84th Legislative Session Weekly Recap Week of May 4-8
Passed the House:
HB 200 by Jim Keffer (R-Eastland) would set out provisions governing the petition to appeal the Texas Water Development Board's approval of a desired future condition of groundwater resources. The committee substitute and one floor amendment were adopted and it passed the House by a vote of 141-5. It is scheduled for a hearing in the Senate Agriculture, Water, and rural Affairs committee on Monday, May 11, 2015.
HB 1232 by Eddie Lucio, III (D-Brownsville) would require the Texas Water Development Board to conduct a study to define the quantity and quality of groundwater in confined and unconfined aquifers. The committee substitute and one floor amendment were adopted and it passed the House by a vote of 143-1. It is scheduled for a hearing in the Senate Agriculture, Water, and Rural Affairs Committee on Monday, May 11, 2015.
HB 2179 by Eddie Lucio, III (D-Brownsville) would authorize the board of directors of a groundwater conservation district to take action on any uncontested permit application at a properly noticed public meeting held at any time after the public hearing at which the application is scheduled to be heard. It passed on the House Local and Consent calendar and is scheduled for a hearing in the Senate Agriculture, Water, and Rural Affairs committee for Monday, May 11, 2015.
HB 3298 by Lyle Larson (R-San Antonio) would require the Texas Water Development Board to conduct a study to evaluate improvements to the transfer of water entitlements and the establishment of a water grid. One floor amendment was adopted and it passed the House by a vote of 111-28.
HB 3356 by Eddie Lucio, III (D-Brownsville) would require a groundwater conservation district to determine the production amount of a well for a retail public utility that provides retail water service inside the district by considering service needs or service area of the retail public utility. The committee substitute and one floor amendment were adopted and it passed by a vote of 134-7.
HB 4112 by DeWayne Burns (R-Cleburne) would establish that groundwater ownership rights entitle the landowner, including a landowner's lessees, heirs, or assigns, to any other right recognized under common law, including the right to produce or save a fair share of the groundwater below the surface of the land. The committee substitute was adopted and it passed by a vote of 132-1.
84th Legislative Session Weekly Recap Week of May 4-8
Passed the Senate:
SB 1267 by Craig Estes (R-Wichita Falls) would set out provisions governing the amendment of a notice in a contested case, and provisions governing the notification of decisions in a contested case. The committee substitute was adopted.
HB 1016 by Tracy King (D-Batesville) and Carlos Uresti (D-San Antonio) would designate segments of the Nueces River, the Frio River, the Sabinal River, the San Marcos River, and the Comal River as being of unique ecological value. It passed by a vote of 28-3. There were no amendments.
HB 1042 by James Frank (R-Wichita Falls) and Craig Estes (R-Wichita Falls) would designate the site of the proposed Ringgold reservoir as having unique value for the construction of a dam and reservoir. There were no amendments.
Next Week:
House Calendar:
HB 1222 by Eddie Lucio, III (D-Brownsville) would remove political subdivisions under the Water Bond Insurance Program, the Research and Planning Program, Financial Assistance for Water Pollution Control, and the Program for Water and Wastewater Financial Assistance for Disadvantaged Rural Communities from the authorization for the Texas Water Development to fund water supply projects. It is on the House calendar for Tuesday, May 12, 2015 (committee substitute).
HB 2571 by Eric Johnson (D-Dallas) would require the Texas state climatologist to provide to the Legislative Budget Board for use in each state agency’s strategic planning a report on projected changes in weather, water availability, and climate variability across the state. It is on the House calendar for Monday, May 11, 2015 (committee substitute).
HB 2598 by John Kuempel (R-Seguin) would prohibit the Texas Commission on Environmental Quality from considering steel slag as solid waste. It is on the House Local and Consent calendar for Tuesday, May 12, 2015 (committee substitute).
HB 2763 by Ed Thompson (R-Pearland) would require the Texas Commission on Environmental Quality to conduct a study quantifying the amount of materials currently being recycled, economic impacts including lost state and local revenues from the materials that are not being recycled, and to identify ways to develop new markets to increase 84th Legislative Session Weekly Recap Week of May 4-8
recycling. It is on the House Local and Consent calendar for Tuesday, May 12, 2015 (committee substitute).
HB 2892 by Andrew Murr (R-Junction) would authorize the Texas Commission on Environmental Quality to designate a watercourse as a navigable stream for the purposes of public domain, surveys, and field notes. It is on the House calendar for Tuesday, May 12, 2015 (committee substitute).
HB 3324 by Lyle Larson (R-San Antonio) would make provisions governing an interbasin water transfer application inapplicable to a proposed transfer of water resulting from recycled or desalinated water produced in the basin of origin. It is on the House calendar for Tuesday May 12, 2015 (committee substitute).
HCR 74 by Yvonne Davis (D-Dallas) would direct the Texas Water Development Board and Texas Commission on Environmental Quality to support the creation of a model water recycling project in an appropriate location. It is on the House calendar for Tuesday May 12, 2015.
The House Land and Resource Management Committee will meet on Monday, May 11, 2015 at 2:00 p.m. in E2.016 of the capitol extension to take up:
SB 991 by Jose Rodriguez (D-El Paso) would require the General Land Office and the Texas Water Development Board to conduct a study regarding the use of wind and solar power to develop and desalinate brackish groundwater.
The Senate Agriculture, Water, and Rural Affairs Committee will meet on Monday, May 11, 2015 at 2:00 p.m. in E1.012 of the capitol extension to take up:
HB 163 by Lyle Larson (R-San Antonio) would change the name of the Multi-State Water Resources Planning Commission to Southwestern States Water Commission and make several other changes to its composition and duties.
HB 655 by Lyle Larson (R-San Antonio) would grant the Texas Commission on Environmental Quality jurisdiction over the regulation and permitting of Aquifer Storage and Recovery Project injection wells.
HB 1146 by Kyle Kacal (R-College Station) would allow a volunteer to be the licensed operator of a water supply system and require the owner or manager of such a water system to maintain records related to each volunteer operator.
84th Legislative Session Weekly Recap Week of May 4-8
HB 1902 by Donna Howard (D-Austin) would authorize the Texas Commission on Environmental Quality to adopt and implement minimum standards for additional domestic uses and reuses of graywater, and would require rules to prevent contamination of the potable water supply and protect human health.
HB 2767 by Jim Keffer (R-Eastland) and Craig Estes (R-Wichita Falls) is a technical correction bill of statutes regulating groundwater conservation districts.
Passed the House:
HIGHER EDUCATION:
Also on Wednesday, the House Higher Education Committee took up:
HB 3508 by Eddie Rodriguez (D-Austin) would require school districts to partner with at least one institution of higher education to provide for joint professional development opportunities for school counselors and academic advisors to promote collaboration and support the creation of common practices and terminology relating to college readiness. It was left pending.
SB 686 by Kel Seliger (R-Amarillo) would allow state appropriations to the Math and Science Scholars Loan Repayment Program.
Passed the House: HB 2812 by Drew Springer (R-Muenster) would repeal Section 130.008(f) of the Education code which limits junior college courses that a high school student may enroll in for dual credit to three if the student does not reside in the junior college territory. There were no amendments.
HB 3027 by John Zerwas (R-Fulshear) would establish the Texas Competency-Based Education Grant Program. The committee substitute and one floor amendment were adopted and it passed by a vote of 107-37.
Next Week: House Calendar: HB 61 by Ruth Jones McClendon (D-San Antonio) would require the Texas Higher Education Coordinating Board to approve a single common course numbering system for lower- division courses to facilitate the transfer of courses among institutions of higher education. It is on the House calendar for Wednesday, May 13, 2015 (committee substitute). 84th Legislative Session Weekly Recap Week of May 4-8
HB 1000 by John Zerwas (R-Fulshear) would change the Texas Competitive Knowledge Fund to the Texas Research University Fund; change the Research Development Fund to the Texas Comprehensive Research Fund; and establish the Core Research Support Fund to promote increased research capacity at emerging research universities. It is on the House calendar for Monday, May 11, 2015 (committee substitute).
The Senate Higher Education Committee will meet on Wednesday, May 13, 2015 at 9:00 a.m. in E1.012 of the capitol extension to take up:
HB 1992 by John Zerwas (R-Fulshear) would provide that an institution of higher education may not require a score of more than three as the minimum required score on an Advanced Placement examination for granting course credit.
HB 2628 by Travis Clardy (R-Nacogdoches) and Sylvia Garcia (D-Houston) would require the Texas Higher Education Coordinating Board to establish alignment between the college and career readiness standards and the knowledge, skills, and abilities students are expected to demonstrate in career and technical education.
HUMAN RESOURCES/EMPLOYMENT:
Passed the House: HB 1251 by Carol Alvarado (D-Houston) would require the Texas Workforce Commission, in the case of a partial acquisition of an organization, trade, or business of an employing unit for which the transfer of compensation experience is required, to require the predecessor employer and successor employer to jointly submit information necessary for making a determination. It passed on the House Local and Consent calendar. It is set for a hearing in the Senate Natural Resources and Economic Development Committee for Tuesday, May 12, 2015.
HB 1658 by Hubert Vo (D-Houston) would clarify that a temporary employee is considered to have left their last work voluntarily without good cause if the temporary employee failed, without good cause, to contact the temporary help firm for reassignment after completion of a previous assignment. It passed on the House Local and Consent calendar.
HB 1715 by Rene Oliviera (D-Brownsville) would require the comptroller of public accounts, in cooperation with the Texas Workforce Commission, to prepare a report on wage theft by employees, for submission to the legislature and governor no later than December 1, 2016. It passed by a vote of 127-13. There were no amendments.
84th Legislative Session Weekly Recap Week of May 4-8
HB 3150 by Dan Huberty (R-Humble) would update regulations related to the calculation of taxable wages paid by a professional employer organization for purposes of the Texas Unemployment Compensation Act. The committee substitute and one floor amendment were adopted.
SB 529 by Kelly Hancock (R-North Richland Hills) would clarify that a landman is not eligible for unemployment compensation if the compensation paid to the landman directly relates only to the performance of a service performed for a private for-profit person as an independent contractor under a written contract. SB 529 was substituted for HB 1312 on the House floor and it passed on the House Local and Consent calendar.
Passed the Senate: SB 722 by Charles Perry (R-Lubbock) would disqualify from unemployment benefits a person that fails or refuses to submit to a pre-employment drug test required by a potential employer. It passed the Senate by a vote of 21-10. There were no amendments. Note: The companion, HB 589, is on the House calendar for Wednesday, May 13, 2015.
Next Week:
House Calendar: HB 934 by Tony Dale (R-Cedar Park) would specify that a person who resigned from their last job after giving advance notice, and whose employment was then terminated by the employer before the date stated in the advance notice, is disqualified from receiving unemployment benefits. It is on the House calendar for Tuesday, May 12, 2015.
HB 1620 by Rick Galindo, III (R-San Antonio) would prohibit an employer from terminating the employment of, or otherwise discriminating against, an employee who is a volunteer emergency responder who is absent or late to work because they are responding to an emergency in that capacity. It is on the House calendar for Tuesday, May 12, 2015.
HB 2996 by Ryan Guillen (D- Rio Grande City) would require each state to establish a goal of hiring, in full-time positions, a number of veterans equal to at least 15 percent of the total number of employees at the agency. It is on the House calendar for Monday, May 11, 2015.
HB 3256 by Joe Farias (D-San Antonio) would create the veteran employment experience database for prospective employers to verify veterans' military service experience and employment qualifications. It is on the House calendar for Tuesday, May 12, 2015 (committee substitute).
84th Legislative Session Weekly Recap Week of May 4-8
INSURANCE:
On Wednesday, the House Insurance Committee took up:
SB 783 by Kevin Eltife (R-Tyler) would prohibit the Texas Department of Insurance (TDI) fraud unit from accepting gifts from a regulated entity, and would require the insurance fraud unit to develop fraud prevention educational programs and informational materials. It was left pending.
Next Week:
House Calendar: HB 2198 by John Smithee (R-Amarillo) would clarify that the Texas Insurance Commissioner is authorized to investigate other offenses in addition to insurance fraud, including by providing technical or litigation assistance to other governmental agencies. It is on the House calendar for Tuesday, May 12, 2015. Note: the companion, SB 782, has passed the Senate and been voted favorably from the House Insurance Committee.
PRIVACY:
On Tuesday, the Senate Criminal Justice Committee took up:
HB 896 by Ana Hernandez (D-Houston) and Joan Huffman (R-Houston) would apply the offense of breach of computer security to a person who knowingly accesses a computer, computer network, or computer system with the intent to obtain a benefit in violation of a clear and conspicuous prohibition by the owner of the computer, computer network, or computer system or a contractual agreement to which the person has expressly agreed. It was reported favorably without amendment and recommended for the Local and Uncontested calendar.
Passed the House:
HB 1481 by Jim Murphy (R-Houston) would prohibit the operation of an unmanned aircraft less than 400 feet over a targeted facility. The committee substitute was adopted.
HB 1799 by Senfronia Thompson (D-Houston) is the Uniform Electronic Legal Material Act for the state of Texas. The committee substitute was adopted.
HB 3628 by Charlie Geren (R-Fort Worth) would require the Director of the Department of Public Safety to adopt rules governing the use of unmanned aircraft in the capitol complex 84th Legislative Session Weekly Recap Week of May 4-8
and would make it a Class B misdemeanor if a person violates the adopted rules. The committee substitute was adopted and it passed on the House Local and Consent calendar.
Next Week:
House Calendar:
HB 1777 by Helen Giddings (D-Dallas) would prohibit an employer from accessing the personal online accounts of employees and job applicants through electronic communication devices. It is on the House calendar for Monday, May 11, 2015 (committee substitute).
HB 3248 by Yvonne Davis (D-Dallas) would require each state agency to develop policies and procedures to properly secure all information, including electronic information, that alone or in conjunction with other information identifies an individual. It is on the House calendar for Monday, May 11, 2015.
HB 4046 by Carol Alvarado (D-Houston) would clarify that a student’s education records as defined by the federal Family Education Rights and Privacy Act of 1974 are confidential and exempt from public disclosure. It is on the House Local and Consent calendar for Tuesday, May 12, 2015 (committee substitute).
The House Government Transparency and Operation Committee will meet on Wednesday, May 13, 2015 at 2:00 p.m. in E1.014 to take up:
SB 34 by Judith Zaffirini (D-Laredo) would require the Department of Information Resources to submit a report prior to each legislative session evaluating the information security of the state’s information resources.
SB 1844 by Judith Zaffirini (D-Laredo) would establish the Interagency Data Coordination and Transparency Commission to study and review the current public data structure, classification, sharing and reporting protocols for state agencies and other data security issues.
SB 1878 by Judith Zaffirini (D-Laredo) would require the Department of Information Resources to conduct a feasibility study regarding the adoption of an additional layer of sensitive data control and security or a comprehensive Identity and Access management (IAM) program.
84th Legislative Session Weekly Recap Week of May 4-8
PROCUREMENT:
Reported From Committee:
SB 1281 by Judith Zaffirini (D-Laredo) would authorize local governmental entities to participate in a cooperative purchasing program with another local government of Texas or another state or with a local cooperative organization in Texas or another state. It was voted favorably from the House County Affairs Committee.
Passed the House:
HB 15 by John Otto (R-Dayton) would make several changes to oversight of state contracts. The committee substitute and one floor amendment was adopted. It passed by a vote of 141-3.
HB 1294 by Giovanni Capriglione (R-Southlake) would require officers of major state agencies to make financial disclosures. Three floor amendments were adopted.
HB 1295 by Giovanni Capriglione (R-Southlake) would prohibit governmental entities and state agencies from contracting with a person unless the person submits a disclosure of interested parties to the governmental entity or state agency. Two floor amendments were adopted and it passed to Third Reading. It will be on the House calendar for final passage on Monday, May 11, 2015.
HB 1486 by Rick Galindo (R-San Antonio) would prohibit the board of trustees of an independent school district from having direct communication with an actual or prospective bidder after the district has issued a request for proposals or advertised for bids on a contract until after the board has awarded the contract. The committee substitute and one floor amendment were adopted and it passed by a vote of 138-3.
HB 3342 by John Kuempel (R-Seguin) would allow the comptroller to enter into, participate in, sponsor, conduct, or administer one or more compacts, interagency agreements or cooperative purchasing agreements directly with or through an entity that facilitates cooperative purchasing agreements. The committee substitute was adopted.
Next Week:
House Calendar: HB 3010 by Ron Simmons (R-Carrollton) would require the comptroller to provide goals for increasing the contract awards for the purchase of goods or services to businesses that 84th Legislative Session Weekly Recap Week of May 4-8
qualify as historically underutilized businesses because the businesses are owned, operated or controlled by persons with a disability. It is on the House calendar for Monday, May 11, 2015.
HB 3193 by Diego Bernal (D-San Antonio) would allow municipalities to consider a vendor’s principal place of business in awarding municipal contracts if the contract is for services of less than $100,000 or for purchases less than $500,000. It is on the House calendar for Monday, May 11, 2015 (committee substitute). Note: the companion, SB 1998, is on the Senate Intent calendar for Monday, May 11, 2015 (below).
HB 3241 by Four Price (R-Amarillo) would make several changes to procurement statutes. It is on the House calendar for Wednesday, May 13, 2015 (committee substitute). Note: the companion, SB 20, has passed the Senate and been voted favorably as substituted from the House State Affairs Committee.
Monday’s Senate Intent Calendar:
SB 1998 by Jose Menendez (D-San Antonio) would allow municipalities to consider a vendor’s principal place of business in awarding municipal contracts if the contract is for services of less than $100,000 or for purchases less than $500,000. Note, the companion, HB 3193 is on the House calendar for Monday, May 11, 2015 (above).
The House Government Transparency and Operation Committee will meet on Wednesday, May 13, 2015 at 2:00 p.m. in E1.014 to take up:
SB 1161 by Judith Zaffirini (D-Laredo) would require state agencies to purchase automated information systems, including commodity items, using competitive bidding for purchases of more than $25,000.
PROPERTY:
On Tuesday, the Senate Business and Commerce Committee took up:
HB 1221 by Eddie Lucio, III (D-Brownsville) and Craig Estes (R-Wichita Falls) would require a seller's disclosure required to be given to the purchaser of residential real property that includes a statement of whether or not the seller is aware of any portion of the property that is located in a groundwater conservation district, a subsidence district, or other special purpose district with the authority to regulate the withdrawal of groundwater. It was voted out favorably as substituted.
84th Legislative Session Weekly Recap Week of May 4-8
On Tuesday, the House Business and Industry Committee took up:
SB 479 by Charles Schwertner (R-Georgetown) and Mike Schofield (R-Katy) would increase the requirements on governmental entities that exercise eminent domain authority. It was left pending.
Passed the Senate:
SB 1812 by Lois Kolkhorst (R-Brenham) would require the comptroller to create and make accessible on the Internet an eminent domain database with information regarding public and private entities, including common carriers, authorized by the state by a general or special law to exercise the power of eminent domain. The committee substitute and one floor amendment were adopted. It is set for a hearing in He House Land and Resource Management Committee for Monday, May 11, 2015.
Next Week:
House Calendar:
HB 1966 by Jim Keffer (R-Eastland) would establish that funds required to be deposited into a construction trust fund account for improvement of specific real property are trust funds, and would require a property owner who enters into a construction loan or financing agreement to pay toward the improvement of real property that is secured wholly or partly by a lien to deposit in a construction trust fund account not later than contemporaneously with payment to a contractor any money withheld from the payment as retainage. It is on the House calendar for Tuesday, May 12, 2015.
HB 2221 by Dan Huberty (R-Humble) would prohibit a strategic partnership agreement from providing for limited purpose annexation. It is on the House calendar for Monday, May 11, 2015 (committee substitute). Note: the companion, SB 1639, has been voted favorably as substituted from the Senate Intergovernmental Relations Committee.
PUBLIC EDUCATION:
Also on Tuesday, the Senate Education Committee took up:
HB 181 by Cecil Bell, Jr. (R-Magnolia) and Lois Kolkhorst (R-Brenham) would eliminate the inclusion of endorsements, performance acknowledgements and distinguished level of achievement on high school diplomas. It was reported favorably and recommended for the Local and Uncontested calendar. It is on Monday’s Senate Intent calendar. 84th Legislative Session Weekly Recap Week of May 4-8
Reported From Committee:
HB 3546 by Morgan Meyer (R-Dallas) would authorize school districts to establish a higher minimum passing standard on advanced placement examinations. It was reported favorably as substituted from the House Public Education Committee.
Passed the House:
HB 1431 by Susan King (R-Abilene) would require the State Board of Education, in consultation with the Commissioner of Higher Education and business and industry leaders to develop an advanced language course that a school district may use in the curriculum to provide students with instruction in industry-related terminology that prepares students to communicate in a language other than English in a specific professional, business, or industry environment. It passed by a vote of 134-6. There were no amendments.
HB 2014 by Kenneth Sheets (R-Dallas) would provide that a person who is a current or former member of the United States armed services is considered to have satisfied the requirement of a person seeking career and technology education certification for a specific trade to hold a credential if the person possess experience related to the trade that obtained through military service. One floor amendment was adopted.
HB 2349 by Jimmie Don Aycock (R-Killeen) would allow a student to earn a performance acknowledgement on the student’s diploma and transcript by passing an established, valid, reliable, and nationally norm-referenced preliminary college preparation assessment. The committee substitute and one floor amendment were adopted and it passed to Third Reading on Friday, May 8, 2015. It will be on the House calendar for final passage on Monday, May 11, 2015.
SB 925 by Lois Kolkhorst (R-Brenham) and Jimmie Don Aycock (R-Killeen) would require the Commissioner of Education to develop and make available literacy achievement academies for teachers who provide instruction to students at the kindergarten or first- through third-grade level. SB 925 was substituted for HB 1843 on the House floor and it passed by a vote of 125-13.
Passed the Senate: SB 313 by Kel Seliger (R-Amarillo) would provide guidelines for use by the State Board of Education in revising and reducing the number of curriculum standards under Texas Essential Knowledge and Skills (TEKS). The committee substitute and one floor amendment were adopted. Note: the companion is HB 1341 above.) 84th Legislative Session Weekly Recap Week of May 4-8
SB 496 by Kirk Watson (D-Austin) would require Foundation School Program funding for students enrolled in an optional flexible school day program be based on the same instructional hour requirements of the regular program rather than a full-time equivalent student basis that requires six hours of student contact time to qualify for a full day of attendance. It passed on the Senate Local and Uncontested Calendar. Note: the companion is HB 2660 above.
Next Week:
House Calendar:
HB 18 by Jimmie Don Aycock (R-Killeen) would require the Commissioner of Education to develop postsecondary education and career counseling academies for middle school counselors. It is on the House calendar for Monday, May 11, 2015.
HB 1091 by Mike Schofield (R-Katy) would authorize the Attorney General to petition the Chief Justice of the Texas Supreme Court for the formation of a special three-judge district court in any claim challenging the finances or operations of the state’s public schools or redistricting. It is on the House calendar for Monday, May 11, 2015 (committee substitute). Note: the companion is SB 455, has passed the Senate and been referred to the House Judiciary and Civil Jurisprudence Committee.
HB 1300 by Giovanni Capriglione (R-Southlake) would delete provisions allowing exceptions to the 2.75 grade point average minimum for persons admitted to educator preparation programs. It is on the House Calendar for Monday, May 11, 2015 (committee substitute).
HB 1842 by Jimmie Don Aycock (R-Killeen) would allow the Commissioner of Education to identify deficiencies and possible solutions as an optional action that can be taken if a school district does not satisfy accreditation criteria. It is on the House Calendar for Monday, May 11, 2015 (committee substitute).
HB 1891 by Eddie Rodriguez (D-Austin) would outline the community in schools model in statute and allow a school to transition into a community school rather than under go reconstitution. It is on the House calendar for Monday, May 11, 2015 (committee substitute). Note: The companion, SB 1483, is on the Senate Intent calendar for Monday, May 11, 2015 - below.
HB 2609 by Marsha Farney (R-Georgetown) would require the Commissioner of Education to develop and make available mathematics achievement academies for teachers who provide mathematics instruction to students at the kindergarten or first, second, or third grade 84th Legislative Session Weekly Recap Week of May 4-8
level. It is on the House Calendar for Monday, May 11, 2015. Note: the companion, SB 934, has passed the Senate and been voted favorably from the House Public Education Committee.
HB 3700 by Bobby Guerra (D-McAllen) would require the Commissioner of Education to develop and implement a pilot program allowing students to participate in computer science courses that are focused on the creation and use of software and computing technologies in lieu of the third mathematics or science credit. It is on the House Calendar for Tuesday, May 12, 2015.
Monday’s Senate Intent Calendar:
SB 1241 by Larry Taylor (R-Friendswood) would allow school districts to establish innovation zones to encourage local community-based initiatives to improve educational outcomes with minimum state and local requirements and encourage innovation through shared resources and facilities.
TAX:
On Tuesday, the House Ways and Means Committee took up:
HB 722 by Travis Clardy (R-Nacogdoches) would institute a franchise tax credit of $1,000 for businesses that offer an internship of at least six weeks to a student enrolled in a career and technology education course at a high school campus that is assigned a performance rating of at lease recognized. It was left pending.
HB 1965 by Dennis Paul (R-Houston) would set the rollback rate on the current effective tax rate plus inflation. It was voted out favorably as substituted.
HB 2041/HJR 99 by Cecil Bell (R-Magnolia) would propose a constitutional amendment capping the annual amount by which appraisal of all real property, business or residential, can increase at 5% personal property is not affected. They were left pending.
HB 3484 by Dennis Bonnen (R-Angleton) would make several changes to the sales tax. It was voted out favorably as substituted.
HB 3867 by Gary Elkins (R-Houston) would raise the appraised value of property eligible for binding arbitration from $1 million to $3 million; and would establish a fee schedule for an application for binding arbitration and for the fee for the arbitrator based on the appraised 84th Legislative Session Weekly Recap Week of May 4-8
value of the property. It was voted out favorably as substituted. Note: the companion, SB 849, has passed the Senate and been referred to the House Ways and Means Committee.
HB 4021 by Abel Herrero (D-Robstown) would authorize the operator of an oil or natural gas well to apply for a $50,000 per well tax credit from oil and gas taxes, providing the hydraulic fracturing fluid consists entirely of fluids other than fresh water, and would require the Railroad Commission to collect and maintain the data to monitor qualification for the tax credit. It was left pending.
Reported From Committee:
HB 2154 by Harold Dutton (D-Houston) and Brian Birdwell (R-Granbury) is the sunset bill for the State Office of Administrative Hearings. It continues the office until 2027. It was reported favorably as substituted from the Senate State Affairs Committee and recommended for the Local and Uncontested calendar.
Passed the House:
HB 2691 by Tracy King (D-Batesville) would provide a sales and use tax exemption and a severance tax credit for the use of alternative base fluids in energized fracturing operations. It passed by a vote of 126-12. There were no amendments.
Passed the Senate:
SB 593 by Kirk Watson (D-Austin) would provide that if the chief appraiser makes a written offer of settlement to the property owner at least 45 days before the date of trial and a record of the offer is made to the court, the amount by which the owner’s tax liability is reduced as a result of the suit is computed by subtracting the amount of the owner’s tax liability resulting from the final determination of the court. The committee substitute and one floor amendment were adopted and it passed by a vote of 29-1. It is set for a hearing in the House Ways and Means Committee on Tuesday, May 12, 2015.
SB 755 by Van Taylor (R-Plano) would clarify that software used for web-hosting should be taxed once, specifically during the transaction where the end-user purchases software as part of the hosting package. The committee substitute was adopted. Note: the companion, HB 3174 has been reported favorably as substituted from the House Ways and Means Committee.
84th Legislative Session Weekly Recap Week of May 4-8
SB 1049 by Donna Campbell (R-New Braunfels) would institute a franchise tax exemption for new veteran-owned businesses for the first five years of operation. Two floor amendments were adopted and it passed by a vote of 27-4.
SB 1468 by Kirk Watson (D-Austin) would establish criteria for removal of an appraisal review board member. The committee substitute was adopted and it passed on the Senate Local and Uncontested calendar. Note: the companion, HB 3564, has been reported favorably as substituted from the House Ways and Means Committee and recommended for the House Local and Consent calendar.
Next Week:
House Calendar:
HB 964 by Donna Howard (D-Austin) would allow an optional calculation of the school district tax rollback rate to be the sum of the highest maintenance and operations tax rate adopted by the district for the 2007 tax year and the district’s current debt rate. It is on the House calendar for Monday, May 11, 2015.
HB 2114 by Jim Murphy (R-Houston) would repeal the inheritance tax and the 3 percent gross receipts tax on admission to a combative sporting event. It was on the House calendar for Tuesday, May 5, 2015 but was postponed to May 11, 2015. Note: the companion, SB 752, has passed the Senate and is set for a hearing in the House Ways and Means Committee for Tuesday, May 12, 2015.
HB 2712 by Charlie Geren (R-Fort Worth) would exempt tangible personal property that is necessary and essential to the operation of a qualified large data center project (if the capital investment is at least $500 million) from sales taxes for the first 20 years of operation. It was postponed to Monday, May 11, 2015 (committee substitute).
Monday’s Senate Intent Calendar:
SB 514 by Larry Taylor (R-Friendswood) would allow a franchise tax deduction for costs associated with federal contracts under Federal Acquisition Regulations by defense companies. (committee substitute)
HB 2083 by Drew Darby (R-San Angelo) and Kelly Hancock (R-North Richland Hills) would provide that appeals to the Appraisal Review Board or to court based on the selection of comparable properties and the application of appropriate adjustments be based upon the application of generally accepted appraisal methods and techniques. 84th Legislative Session Weekly Recap Week of May 4-8
The House Ways and Means Committee will meet on Tuesday, May 12, 2015 at 8:30 a.m. in E2.010 of the capitol extension to take up:
SB 1/SJR 1 by Jane Nelson (R-Flower Mound) would propose a constitutional amendment increasing mandatory homestead exemption for school district taxes from $15,000 to 25 percent of the median market value of all residential homesteads in the state and prohibiting a real estate transaction tax.
SB 7 by Jane Nelson (R-Flower Mound) would reduce the business franchise tax rate by 15 percent.
SB 757 by Charles Perry (R-Lubbock) would repeal the production taxes on crude petroleum and sulphur.
TORT:
On Tuesday, the House Judiciary and Civil Jurisprudence Committee took up:
HB 3176 by John Smithee (R-Amarillo) would prohibit a person from sending a demand letter making, in bad faith, a claim of patent infringement against a Texas resident, and in connection with the claim file or threaten to file a lawsuit alleging patent infringement, to make a demand for compensation or damages or payment of a license fee based on the alleged patent infringement. It was left pending.
HJR 90 by Richard Raymond (D-Laredo) would propose a constitutional amendment abolishing the court of criminal appeals and establish one supreme court with civil and criminal appellate jurisdiction. It was left pending.
WORKERS’ COMPENSATION:
Passed the House:
SB 901 by Kevin Eltife (R-Tyler) and Nicole Collier (D-Fort Worth) would allow injured workers who make less than $10 an hour to receive 75% of their average weekly wages for the first 26 weeks after an injury. The current law allows 75% TIBs for the first 26 weeks to those making less than $8.50 an hour. SB 901 was substituted for HB 1607 on the House calendar and it passed the House by a vote of 144-1.
84th Legislative Session Weekly Recap Week of May 4-8
Next Week:
House Calendar:
HB 1390 by Senfronia Thompson (D-Houston) would waive a governmental entity’s immunity from retaliation lawsuits brought by public employees. It would effectively overrule the Texas Supreme Court’s decision in Travis Central Appraisal District v. Norman. It is on the House calendar for Monday, May 11, 2015.
HB 1668 by Paul Workman (R-Austin) would clarify that unless a general contractor and subcontractor enter into an agreement for the general contractor provides workers’ compensation insurance coverage to the subcontractor and its employees then the general contractor is not considered the employer of the subcontractor and its employees. It is on the House calendar for Monday, May 11, 2015.
HB 3082 by Rene Oliveira (D-Brownsville) would increase a workers’ compensation carrier’s liability for death benefits from $6,000 to $10,000. It is on the House calendar for Monday, May 11, 2015.
WORKFORCE:
Passed the House:
HB 1155 by Carol Alvarado (D-Houston) would create the Recruit Texas program to provide rapid response workforce development services to employers who are looking to expand or move to our state. Representative Alvarado said, “In order for Texas to stay competitive with other states we must continue to strengthen our workforce so we can attract businesses that will bring quality high skilled jobs in many fast growing occupations to our state. Recruit Texas would be an innovative program that would identify any up-front workforce or training needs for prospective employers and provide grants to community colleges or technical institutes for rapid curriculum development, instructor certification, the development of customized training programs specific to business needs, and training equipment that leads to certification and employment. Employers are asking Texas to provide them not only a skilled workforce, but one that is either already trained Recruit Texas will be one additional tool in our tool box that will help us attract world class companies and address the increased demand for workforce development in our state.” Two floor amendments were adopted and it received final approval in the House by a vote of 92-48.
84th Legislative Session Weekly Recap Week of May 4-8
End-Of Session Slow-Down Rules – Rules that institute deadlines prior to the end of the legislative session begin to kick in Monday, May 11 2015:
May 11, 2015 – Last day for House committees to report House Bills and House Joint Resolutions (119th day).
May 12, 2015 – Last House Daily Calendar with House Bills and House Joint Resolutions must be distributed by 10:00 p.m. due to the 36-hour layout rule for calendars (120th day).
May 13, 2015 – Last House Local and Consent Calendar with Consent House Bills must be distributed by 9:00 a.m. due to the 48-hour layout rule for Local and Consent calendars (121st day).
May 14, 2015 – Last day (midnight deadline) for the House to consider Second Reading House Bills and House Joint Resolutions on the regular calendar (122nd Day).
May 15, 2015 – Last day (midnight deadline) for House to consider consent House Bills on Second and Third Reading and all Third reading House Bills and House Joint Resolutions on the regular calendar (123rd Day).
May 20, 2015 – Last House Local and Consent Calendar with local House Bills must be distributed by 9:00 a.m. due to the 48-hour layout for Local and Consent calendars (128th day).
May 22, 2015 – Last day for the House to consider local House Bills on Second and Third Reading. First day the Senate can consider bills and resolutions the first day they are posted on the Intent Calendar (130th Day).
May 23, 2015 – Last day for House Committees to report Senate Bills and Senate Joint Resolutions (131st Day).
May 24, 2015 – Last House Daily Calendar with Senate Bills and Senate Joint Resolutions must be printed and distributed (10:00 p.m. deadline) due to the 36-hour layout rule for regular calendars (132nd Day).
May 25, 2015 – Last House Local and Consent Calendar with Senate Bills must be distributed by 9:00 a.m. due to the 48-hour layout rule for Local and Consent calendars (133rd Day).
84th Legislative Session Weekly Recap Week of May 4-8
May 26, 2015 – Last day for the House to consider Second Reading Senate Bills and Senate Joint Resolutions on the regular calendar (134th Day).
May 27, 2015 – Last day for the House to consider local and consent Senate bills on Second and Third Reading and to consider all Third Reading Senate bills and Senate Joint Resolutions on the regular calendars. Last day for the Senate to consider all bills and joint resolutions on Second or Third Reading (135th Day).
May 28 2015 – All Senate amendments must be distributed in the House before midnight due to the 24-hour layout rule (136th Day).
May 29, 2015 – Last day for the House to act on Senate amendments. Senate copies of conference committee reports on tax, general appropriations and reapportionment bills must be printed and distributed before midnight due to the 48-hour lay-out rule (137th Day).
May 30, 2015 – In the House, all conference Committee reports must be printed and distributed by midnight due to the 24-hour layout rule. In the Senate, all conference committee reports must be printed and distributed (other than those required to be printed the 137th day) before midnight due to the 24-hour lay-out rule (138th Day).
May 31, 2015 – Last day for the House to adopt conference committee reports and to discharge conference committees and adopt Senate amendments. Last day for the Senate to adopt conference committee reports or concur in House amendments (139th Day).
June 2, 2015 – Corrections only in the House and Senate. Last day of the session with midnight deadline to adjourn Sine Die (140th Day).
State Websites - Additional information can be obtained via the Senate, House, and capitol websites: www.senate.state.tx.us www.house.state.tx.us www.capitol.state.tx.us