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House Research Organization • Texas House of Representatives P.O 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 Tuesday, May 09, 2017 85th Legislature, Number 67 The House convenes at 10 a.m. Part Four Fifteen bills set for second-reading consideration on today's daily calendar are analyzed or digested in Part Four of today's Daily Floor Report. They are listed on the following page. Dwayne Bohac Chairman 85(R) - 67 HOUSE RESEARCH ORGANIZATION Daily Floor Report Tuesday, May 09, 2017 85th Legislature, Number 67 Part 4 HB 1152 by S. Davis Requiring a referendum before a school district can change names 74 HB 543 by Raney Adjusting rules for presidential electors 76 HB 4231 by White Allocating a portion of severance tax revenue to counties for roads 80 HB 1421 by J. Johnson Requiring TDCJ to report quarterly on inmate grievances 82 HB 2478 by S. Davis Creating a grant program for residency training in psychiatric fields 84 HB 2276 by Martinez Increasing fee for oversize or overweight cargo in Hidalgo County 87 HB 40 by Simmons Separating federal funds from the general revenue fund 89 HB 3238 by Nevárez Prohibiting political subdivisions from regulating unmanned aircrafts 91 HB 4047 by Workman Changing annexation requirements for certain special districts 93 HB 1749 by S. Thompson Allowing for expunctions in justice and municipal courts 95 HB 2250 by Darby Classifying certain entities as retail trade for purposes of the franchise tax 96 HB 1226 by Herrero Exempting firefighters and police officers from jury duty 98 HB 1922 by E. Rodriguez Determining eligibility for survivor benefits 100 HB 1620 by Sanford Creating a voluntary temporary caregiver program for certain children 103 HB 200 by Burkett Requirements for fetal tissue disposition and donation, banning its sale 106 HOUSE HB 1152 RESEARCH S. Davis, et al. ORGANIZATION bill analysis 5/9/2017 (CSHB 1152 by Koop) SUBJECT: Requiring a referendum before a school district can change names COMMITTEE: Public Education — committee substitute recommended VOTE: 8 ayes — Huberty, Bohac, Deshotel, Gooden, K. King, Koop, Meyer, VanDeaver 1 nay — Dutton 1 absent — Allen 1 present not voting — Bernal WITNESSES: For —Adrienne Murry, Houston Concerned Citizens; William Edmundson; Janet McMasters Against — None On — (Registered, but did not testify: Kara Belew and Von Byer, Texas Education Agency) BACKGROUND: Education Code, sec. 11.160 allows the board of trustees of an independent school district by resolution to change the name of the school district. DIGEST: CSHB 1152 would prohibit the board of trustees of a large school district in a certain populous county (Houston Independent School District) from changing the name of a school district or a campus before a majority of voters in a referendum election approved the name change. A referendum could be placed on the ballot for any type of district election, including an election of district trustees, a bond election, or a special election. If a majority of voters approved the name change, the board by resolution would be allowed to change the name of the district or campus. The school board would be required to give notice of the name change of a district or school by sending to the Commissioner of Education a copy of the resolution attested by the president and secretary - 74 - HB 1152 House Research Organization page 2 of the board and a copy of the election results. The district or school with the new name would be considered for all purposes a continuation of the district or campus as it was formerly named. 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. SUPPORTERS CSHB 1152 would allow voters in the Houston Independent School SAY: District (ISD) to have their voices heard before it made a decision about district or campus names that could have major fiscal implications. School or district name changes require substantial tax dollars to fix equipment, signage, and stationery, and public input should be sought and considered before a district the size of Houston ISD makes a change of this magnitude. Regardless of the reason the board might consider changing a school's name, it should be transparent and accountable. At one middle school in Houston ISD, a community poll revealed that 90 percent of respondents were opposed to a name change, and many believed a renaming committee that offered alternatives to changing the name was essentially ignored. Requiring a referendum for any change in a school's name would help ensure the school board made future decisions based on the will of the community. OPPONENTS Many recent name changes involving Houston schools were intended to SAY: address schools named for individuals tied to the Confederacy. Changing the names of those schools was not an arbitrary decision but one made to remove names that many people find offensive, which is a valid district decision that should not be subject to a referendum. NOTES: CSHB 1152 differs from the bill as filed in that the committee substitute would apply only to the Houston Independent School District. - 75 - HOUSE HB 543 RESEARCH Raney, et al. ORGANIZATION bill analysis 5/9/2017 (CSHB 543 by Fallon) SUBJECT: Adjusting rules for presidential electors COMMITTEE: Elections — committee substitute recommended VOTE: 7 ayes — Laubenberg, Israel, R. Anderson, Fallon, Larson, Reynolds, Swanson 0 nays WITNESSES: For —Eric Opiela, Republican Party of Texas; Bill Fairbrother, Texas Republican County Chairmen's Association; Virginia Abel; James Randall; (Registered, but did not testify: Alan Vera, Harris County Republican Party Ballot Security Committee) Against —Joanne Richards, Common Ground for Texans; William Greene; Curtis Nelson; Tara Ross; Matthew Stringer; (Registered, but did not testify: Dan Eckam; Rosemary Edwards; Hans Maverick; Naiman Rigby) On — Glen Maxey, Texas Democratic Party; Keith Ingram, Texas Secretary of State, Elections Division BACKGROUND: Elections Code, ch. 192, subch. A governs presidential electors. Eligibility and method. To be eligible to serve as a presidential elector, a person must be a qualified voter of Texas and must not hold the office of U.S. senator or representative, or any other federal office of profit or trust. To be eligible to serve as a presidential elector for a political party, the person must be affiliated with the party. To become a presidential elector candidate, a person must be nominated by a political party in accordance with party rules or be named as an elector candidate by an independent or write-in candidate for president. Vacancy. An elector candidate nominated by a political party may withdraw before the presidential election day by delivering written notice to the secretary of state and the state party chair. The party may then name a replacement candidate. If the party's rules do not provide the procedure - 76 - HB 543 House Research Organization page 2 for choosing a replacement, the party's state executive committee may choose a replacement. The state chair then must file with the secretary of state, before presidential election day, the name and residence address of the replacement candidate, and a written statement signed by the replacement stating that the individual consents to being a candidate. A replacement elector may be appointed by a majority vote of the qualified electors present at the meeting to vote for president and vice- president if: the vacancy occurred before the presidential election day and a replacement was not chosen; an elector is declared ineligible or dies on or after presidential election day; or the vacancy is declared at the meeting. Meeting. The secretary of state must arrange for the meeting place, notify the electors, and call the meeting to order at the state Capitol at 2 p.m. on the first Monday after the second Wednesday in December following their election. If an elector is absent at the time for convening, the electors may declare the position vacant by a majority vote of those present. DIGEST: CSHB 543 would make several changes to laws governing presidential electors, including changing the term for electors from "elector candidates" to "elector nominees." Eligibility and method. The bill would require the state chair of each political party to submit to the secretary of state the names of two qualified individuals: one designated elector nominee and one alternate elector nominee. The bill would require each political party holding a national presidential nominating convention to adopt rules providing for the selection of elector nominees and alternate elector nominees. The rules would have to require the presidential nominee of that party to provide a list of eligible persons for nomination as alternate elector nominees and for an alternate method of selecting alternate elector nominees in the event that the presidential nominee did not timely provide the list. - 77 - HB 543 House Research Organization page 3 Pledge. Each elector nominee and alternate nominee of an independent or write-in presidential candidate would have to execute a pledge before a notary agreeing to mark their ballots for that candidate and that candidate's vice-presidential running mate. If required by political party rule, each elector nominee and alternate nominee of the party would have to execute a pledge before a notary agreeing to mark their ballots for the candidates for president and vice president chosen by the party. Vacancy. The bill would allow an elector nominee or alternate elector nominee to resign on or after the presidential election day.
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