HOUSE RESEARCH ORGANIZATION • TEXAS HOUSE OF REPRESENTATIVES P.O. Box 2910, Austin, Texas 78768-2910 (512) 463-0752 • https://hro.house.texas.gov
Steering Committee: Dwayne Bohac, Chairman Alma Allen, Vice Chairman
Dustin Burrows Donna Howard Andrew Murr Angie Chen Button John Frullo Ken King Eddie Lucio III Toni Rose Joe Deshotel Mary González J. M. Lozano Ina Minjarez Gary VanDeaver
HOUSE RESEARCH ORGANIZATION
daily floor report
Tuesday, April 23, 2019 86th Legislature, Number 50 The House convenes at 10 a.m. Part Four
One bill is on the Emergency Calendar, one bill is on the Major State Calendar, three joint resolutions are on the Constitutional Amendments Calendar, and 67 bills are on the General State Calendar for second reading consideration today. The bills and joint resolutions analyzed or digested in Part Four of today's Daily Floor Report are listed on the following page.
Dwayne Bohac Chairman 86(R) - 50
HOUSE RESEARCH ORGANIZATION Daily Floor Report Tuesday, April 23, 2019 86th Legislature, Number 50 Part 4
HB 2585 by Leach Valuing price in bids for government civil works and construction projects 168 HB 3011 by Turner Providing a school district certain data used in accountability ratings 173 HB 1632 by Bell Expanding student eligibility for additional instructional services 174 HB 2837 by Canales Changing regulations for certain slow-moving, heavy, or other vehicles 176 HB 2872 by Burrows Imposing certain tax obligations on marketplace rental providers 178 HB 2757 by Leach Clarifying that courts are not bound by the ALI's Restatements of the Law 181 HB 906 by Thompson Establishing a task force to study public school mental health services 183 HB 1399 by Smith Creating and storing DNA records upon arrest for certain felony offenses 188 HB 2861 by Landgraf Allowing TxDOT to enter federal agreements to provide road services 192 HB 1625 by Bell Creating a criminal offense for false reports against emergency responders 193 HB 3264 by Buckley Studying groundwater conditions in certain counties 196 HB 4674 by Bailes Creating the Chambers County Municipal Utility District No. 2 198 HB 4451 by Pacheco Recognizing Tap Pilam Coahuiltecan Nation as a Native American Tribe 201
HOUSE HB 2585 (2nd reading) RESEARCH Leach, Martinez ORGANIZATION bill analysis 4/23/2019 (CSHB 2585 by Holland)
SUBJECT: Valuing price in bids for government civil works and construction projects
COMMITTEE: State Affairs — committee substitute recommended
VOTE: 12 ayes — Phelan, Hernandez, Deshotel, Guerra, Harless, Holland, Hunter, P. King, Parker, E. Rodriguez, Smithee, Springer
0 nays
1 absent — Raymond
WITNESSES: For — Ken Stringer, LEM Construction, Texas Water Infrastructure Network; Perry Fowler, Texas Water Infrastructure Network; (Registered, but did not testify: Steven Albright, AGC of Texas-Highway Heavy Branch; Jon Fisher, Associated Builders and Contractors of Texas; Melissa Shannon, Bexar County Commissioners Court; Jim Keffer, Keffer Konsulting; Jennifer Fagan, Texas Construction Association; Donnis Baggett and Mike Hodges, Texas Press Association; Chris Keffer, The Iron Group LLC; Aryn James, Travis County Commissioners Court; Andrew Harris; Andrew Scott; Fred Shannon; Clayton Utkov)
Against — Scott Oliver, San Antonio Water System: (Registered, but did not testify: Jamaal Smith, City of Houston Mayor's Office; and seven individuals)
On — Veronica Ocanas, City of Austin; (Registered, but did not testify: Clifford Sparks, City of Dallas; Scott Houston, Texas Municipal League)
BACKGROUND: Government Code ch. 2269 establishes requirements for awarding contracts for construction projects using various procurement methods, including competitive sealed proposals and competitive bidding.
DIGEST: CSHB 2585 would add a price value weighting requirement and a prequalification process to Government Code ch. 2269 provisions on evaluating contractor qualifications in certain procurement and project delivery methods for civil works and other construction projects.
- 168 - HB 2585 House Research Organization page 2
Price value and scoring. The bill would require governmental entities preparing a request for competitive sealed proposals for construction projects to assign a weighted value to price of at least 50 percent of the total weighted value of all selection criteria. If an entity's governing body determined that assigning a lower weighted value to price would be in the public interest, the entity could assign a value to price of not less than 40 percent of the total weighted value of all selection criteria.
The bill would require governmental entities that were using a method other than competitive bidding for construction services to publish in the request for proposals a detailed methodology for scoring each criterion used to evaluate the offerors.
Prequalification process. A governmental entity would be allowed to implement a prequalification process to eliminate unqualified offerors and to prequalify potential offerors meeting minimum standards for a competitively bid civil works project. In implementing a prequalification process, the entity would have to establish minimum qualification requirements and a scoring process with a final pass or fail determination to identify qualified potential offerors who would be allowed to submit competitive bids. The entity could not short-list or rank potential offerors or combine qualification scores with competitive bids in awarding the contract.
During the prequalification process, a governmental entity could consider the potential offeror's:
experience with similar projects; commercial and financial history, stability, and capability; ability to self-perform the construction project services; familiarity and experience with area subcontractors and suppliers; involvement in litigation or arbitration with a governmental entity related to a construction project during the preceding five years; failure to complete a project for a governmental entity; management or project team qualifications and experience; and safety record for the previous three years.
- 169 - HB 2585 House Research Organization page 3
A potential offeror that had been involved in litigation or arbitration with a governmental entity over a construction project in the preceding five years would have to provide the name of the parties involved and a brief description of the nature and outcome of the litigation or arbitration.
A governmental entity that implemented a prequalification process would have to advertise or publish notice of the prequalification process along with a request for qualifications 30 days before the invitation for bids was issued. In addition, the entity could directly solicit qualifications from potential offerors if competitive requirements and other applicable law were followed.
The implementation of a prequalification process would not affect the authority of a governmental entity to determine the responsiveness of any subsequent bids or to reject any and all bids.
Bid evaluations. CSHB 2585 would allow an offeror who submitted a bid, proposal, or response to a request for qualifications for a construction contract to make a request in writing for documents related to the evaluation of the offeror's submission after the contract was awarded. The documents would have to be delivered not later than 30 days after such a request was made.
A governmental entity using the competitive sealed proposal method of contracting would have to make its evaluations, including any scores, public and provide them to all offerors not later than the seventh business day after the date the contract was awarded.
The bill would extend the deadline for enforcing provisions of Government Code ch. 2269 through the filing of an action for declaratory or injunctive relief from the 10th day to the 15th calendar day after the date on which the contract was awarded.
Effective date. The bill would take effect September 1, 2019, and would apply only to contracts for which a governmental entity first advertised or solicited bids, proposals, offers, or qualifications on or after that date.
- 170 - HB 2585 House Research Organization page 4
SUPPORTERS CSHB 2585 would promote competition, transparency, and accountability SAY: in public civil works contracting law. By establishing price as a key factor in evaluating proposals submitted through requests for competitive sealed proposals, the bill would ensure the best value for public dollars invested in public works projects. Allowing governmental entities flexibility to use price weights of 40 percent to 50 percent would ensure they gave appropriate minimum consideration to price so that competitive sealed proposals would not be awarded on an overly subjective basis.
The permissible use of contractor prequalification would standardize this valuable tool across the state by requiring consideration of certain items such as previous project experience, financial stability, safety records, litigation history, and other factors.
Contractors not selected for a project should expect a reasonable explanation of the factors that resulted in the winning award. The bill would provide a mechanism for debriefing unsuccessful bidders within a reasonable time period without the need for bid protests or protracted legal discovery. This could help unsuccessful bidders be more competitive in future procurements and help the governmental entity improve its processes.
OPPONENTS The Legislature has recognized that not all public utility projects should SAY: be awarded based on the lowest price through a traditional competitive bidding process. In such cases, governmental entities are allowed to use the procurement method known as requests for competitive sealed proposals. CSHB 2585 would defeat that purpose by requiring that price be valued at a minimum of 40 percent and in some instances 50 percent of the selection criteria. The effect would be to deny a governmental entity the ability to decide when selection criteria besides price were more important for the public welfare.
Prequalifying contractors is a reasonable practice, but the bill would restrain governmental entities as to what factors they could consider when making their selection. While the factors listed in the bill are relevant, they could be too limiting for certain projects. Governmental entities should be allowed to consider any other factor that might help them select
- 171 - HB 2585 House Research Organization page 5 the most qualified contractor for a specific project.
- 172 - HOUSE (2nd reading) RESEARCH HB 3011 ORGANIZATION bill digest 4/23/2019 C. Turner
SUBJECT: Providing a school district certain data used in accountability ratings
COMMITTEE: Higher Education — favorable, without amendment
VOTE: 11 ayes — C. Turner, Stucky, Button, Frullo, Howard, E. Johnson, Pacheco, Schaefer, Smithee, Walle, Wilson
0 nays
WITNESSES: For — Kevin Barlow and Marcelo Cavazos, Arlington ISD; (Registered, but did not testify: Priscilla Camacho, Dallas Regional Chamber; Dominic Giarratani, Texas Association of School Boards; Dee Carney, Texas School Alliance)
Against — None
On — (Registered, but did not testify: Julie Eklund, Texas Higher Education Coordinating Board)
BACKGROUND: The Texas Success Initiative Assessment provides institutions of higher education information on incoming freshman to assess college readiness. The Texas Higher Education Coordinating Board collects this information in the form of raw data aggregated by school districts and shares it with the Texas Education Agency for accountability purposes.
DIGEST: HB 3011 would require the Texas Higher Education Coordinating Board, before the initial release of academic accountability ratings for a school year, to provide to each school district a copy of all source data as submitted to the board by an institution of higher education that was used by the Texas Education Agency in determining accreditation status or assigning performance ratings for the district.
The bill would take effect September 1, 2019, and would apply beginning with the 2019-2020 school year.
- 173 - HOUSE HB 1632 (2nd reading) RESEARCH K. Bell, et al. ORGANIZATION bill digest 4/23/2019 (CSHB 1632 by Talarico)
SUBJECT: Expanding student eligibility for additional instructional services
COMMITTEE: Public Education — committee substitute recommended
VOTE: 12 ayes — Huberty, Bernal, Allison, Ashby, K. Bell, Dutton, M. González, K. King, Meyer, Sanford, Talarico, VanDeaver
0 nays
1 absent — Allen
WITNESSES: For — Eduardo Ramos, Texas Association of School Business Officials, Pflugerville ISD; Shay Adams, Texas Association of School Business Officials; Vickie RabbWiggins; (Registered, but did not testify: David Anderson, Arlington ISD Board of Trustees; Jacquie Benestante, Autism Society of Texas; Chandra Villanueva, Center for Public Policy Priorities; Shannon Meroney and Serenity Owens, Impact Dyslexia; Jane McFarland, League of Women Voters of Texas; Kristin McGuire, TCASE; Christine Broughal, Texans for Special Education Reform; Courtney Hoffman, Texas Academic Language Therapy Association; Barry Haenisch, Texas Association of Community Schools; Casey McCreary, Texas Association of School Administrators; Grover Campbell, Texas Association of School Boards; Linda Litzinger, Texas Parent to Parent; Dee Carney, Texas School Alliance; Christy Rome, Texas School Coalition; Lisa Dawn-Fisher, Texas State Teachers Association; and six individuals)
Against — (Registered, but did not testify: Bill Kelberlau)
On — Monica Martinez, Texas Education Agency; (Registered, but did not testify: Christine Broughal, Texans for Special Education Reform; Eric Marin, Texas Education Agency)
BACKGROUND: Education Code sec. 29.081 requires school districts to use student performance data from state-mandated exams to design and implement appropriate compensatory, intensive, or accelerated instruction to enable students to perform at grade level at the conclusion of the next regular
- 174 - HB 1632 House Research Organization page 2
school term. Districts must evaluate and document the effectiveness of the accelerated instruction in reducing any disparity in performance on state exams between students at risk of dropping out of school and all other district students.
Some have suggested expanding the definition of students at risk of dropping out of school to allow more students to benefit from additional instruction to boost their performance on STAAR exams.
DIGEST: CSHB 1632 would add students who had dyslexia or a related disorder or who were educationally disadvantaged to the definition of students at risk of dropping out of school for purposes of determining which students were provided with appropriate compensatory, intensive, or accelerated instructional services to improve their performance on state-mandated exams.
The 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, 2019.
- 175 - HOUSE HB 2837 (2nd reading) RESEARCH Canales ORGANIZATION bill digest 4/23/2019 (CSHB 2837 by Landgraf)
SUBJECT: Changing regulations for certain slow-moving, heavy, or other vehicles
COMMITTEE: Transportation — committee substitute recommended
VOTE: 10 ayes — Canales, Landgraf, Bernal, Y. Davis, Hefner, Krause, Leman, Martinez, Ortega, E. Thompson
0 nays
3 absent — Goldman, Raney, Thierry
WITNESSES: For — Dana Moore, Texas Trucking Association; (Registered, but did not testify: Peyton Schumann, Texas and Southwestern Cattle Raisers Association; Michael Pacheco, Texas Farm Bureau; Mark Borskey, Texas Recreational Vehicle Association)
Against — None
On — (Registered, but did not testify: Justin Chrane, Texas Department of Public Safety)
BACKGROUND: Some have raised concerns about the applicability and practicality of Transportation Code requirements for some vehicles, such as covered farm vehicles, slow-moving vehicles, and certain heavy trailers.
DIGEST: CSHB 2837 would make several changes to sections of the Transportation Code addressing slow-moving vehicles, covered farm vehicles, heavy trailers, and certain other kinds of vehicles.
The bill would exempt vehicles that were operated intrastate and were not driven for compensation or in the furtherance of a commercial enterprise from state regulation on commercial driver's licenses. Covered farm vehicles, as defined in federal statute, also would be exempt.
Under the bill, slow-moving vehicles designed to operate at a maximum speed of 25 miles per hour, including horse-drawn vehicles, would be exempt from limitations on driving on an improved shoulder.
- 176 - HB 2837 House Research Organization page 2
Motorists would be required to yield when being passed by an authorized emergency vehicle using only an audible or visual signal. The bill would remove certain limits on when and where operators could park or stand when operating authorized emergency vehicles.
The bill would raise the weight limit at which a trailer would have to be equipped with emergency brakes on all required wheels from 3,000 to 4,500 pounds.
The bill would repeal the offense for using, purchasing, possessing, manufacturing, selling, or distributing a license plate flipper.
The bill would take effect September 1, 2019, and apply only to an offense committed on or after the bill's effective date.
- 177 - HOUSE HB 2872 (2nd reading) RESEARCH Burrows, Murphy ORGANIZATION bill digest 4/23/2019 (CSHB 2872 by Murphy)
SUBJECT: Imposing certain tax obligations on marketplace rental providers
COMMITTEE: Ways and Means — committee substitute recommended
VOTE: 10 ayes — Burrows, Guillen, Bohac, Cole, Martinez Fischer, Murphy, Noble, Sanford, Shaheen, Wray
0 nays
1 absent — E. Rodriguez
WITNESSES: For — Don Schwent, Enterprise Holdings; (Registered, but did not testify: Melissa Shannon, Bexar County Commissioners Court; David Garcia, Cameron County; Jon Weist, City of Irving; Christine Wright, City of San Antonio; Amanda Schar, Harris County-Houston Sports Authority; John Kroll, HMWK LLC and clients of the firm; Bill Kelly, City of Houston Mayor's Office; Larry Gaddes, Tax Assessor-Collectors Association of Texas; Shanna Igo, Texas Municipal League; Jim Sheer, The Hertz Corporation)
Against — None
On — Karey Barton, Comptroller of Public Accounts; Nicholas Green, Getaround; (Registered, but did not testify: Robert Zeman, Allstate; David Edmonson, TechNet; Jeremiah Kuntz, Texas Department of Motor Vehicles; Caroline Joiner, Turo)
BACKGROUND: Tax Code ch. 152 requires an owner who rents a motor vehicle for consideration to collect, report, and remit to the comptroller a tax on gross rental receipts.
Local Government Code ch. 334 allows a municipality or county to impose by ordinance or order a tax on an owner's rental of a motor vehicle in the municipality or county.
DIGEST: CSHB 2872 would set out the obligations of marketplace rental providers and motor vehicle owners with regard to the collection, reporting, and
- 178 - HB 2872 House Research Organization page 2 payment of state and local taxes on the rental of motor vehicles through such providers.
Marketplace rental providers. The bill would define a marketplace rental provider as a person who:
operated a marketplace by which an owner advertised the rental of a motor vehicle for consideration in this state; facilitated the rental of the motor vehicle by communicating between the owner and the other person the terms and acceptance of the agreement; and collected or processed for the owner the receipts of rental charges paid by the person renting the motor vehicle.
A marketplace rental provider would be required to register as a retailer with the comptroller.
Taxes. A marketplace rental provider would be required to collect, report, and pay state and local tax on the rental of a motor vehicle through the provider, unless the motor vehicle's owner had elected to do so. Such marketplace rental providers generally would be subject to the same collection, reporting, payment, and record-keeping requirements that currently apply to owners with regard to state and local motor vehicle rental taxes.
A marketplace rental provider collecting, reporting, and paying such taxes would be required to certify having done so to the motor vehicle's owner. An owner accepting in good faith the provider's certification would not be required to collect, report, or pay these taxes.
If the owner elected to report and pay state and local taxes, the owner would have to register with the comptroller as a retailer and inform the marketplace rental provider in writing of the election. The provider then would forward the tax collected by the provider to the owner.
Tax would not have to be collected on any separately stated charges for insurance not required for the rental of the motor vehicle that were purchased from the motor vehicle's owner or a marketplace rental - 179 - HB 2872 House Research Organization page 3
provider.
Reports. A marketplace rental provider would be required to send to the motor vehicle's owner a monthly report that showed the amount of tax collected, reported and paid for each motor vehicle that the owner rented through the provider. The provider would not have to send the report to an owner who elected to report and pay the tax.
The bill would take effect September 1, 2019, and would apply to a rental agreement entered into on or after this date.
NOTES: According to the Legislative Budget Board, the bill would have a positive impact of $757,000 on general revenue related funds through fiscal 2020- 21.
- 180 - HOUSE (2nd reading) RESEARCH HB 2757 ORGANIZATION bill digest 4/23/2019 Leach
SUBJECT: Clarifying that courts are not bound by the ALI's Restatements of the Law
COMMITTEE: Judiciary and Civil Jurisprudence — favorable, without amendment
VOTE: 9 ayes — Leach, Farrar, Y. Davis, Julie Johnson, Krause, Meyer, Neave, Smith, White
0 nays
WITNESSES: For — Brian Martin; (Registered, but did not testify: Joe Woods, American Property Casualty Insurance Association; James Grace Jr., CNA Insurance; Lee Ann Alexander, Liberty Mutual Insurance; Paul Martin, National Association of Mutual Insurance Companies; Lee Parsley, Texans for Lawsuit Reform; George Christian, Texas Civil Justice League; Beaman Floyd, Texas Coalition for Affordable Insurance Solutions; Marti Luparello, Texas Farm Bureau Insurance Companies; Nicole Hudgens, Texas Values Action; Cary Roberts, U.S. Chamber Institute for Legal Reform; Brad Schlueter, USAA; Greg Licciardi)
Against — (Registered, but did not testify: Idona Griffith; Thomas Phillips)
BACKGROUND: Civil Practice and Remedies Code sec. 5.001 states that the rule of decision in Texas consists of the constitution and laws of the state and those portions of the common law of England that are not inconsistent with the state's constitution or laws.
Concerns have been raised that Texas courts may rely on the American Law Institute's Restatements of the Law as dependable descriptions of existing law, even though these restatements sometimes go beyond the current state of legal thinking. It has been suggested that the rule of decision could be clarified to establish that these restatements are not controlling in any action governed by state law.
DIGEST: HB 2757 would prohibit the American Law Institute's Restatements of the Law from being controlling in any action governed by the laws of this state. The bill also would specify that the rule of decision in this state
- 181 - HB 2757 House Research Organization page 2 included the constitution of the United States and case law precedents set by a court of this state.
The bill would take effect September 1, 2019.
- 182 - HOUSE HB 906 (2nd reading) RESEARCH S. Thompson, et al. ORGANIZATION bill analysis 4/23/2019 (CSHB 906 by Coleman)
SUBJECT: Establishing a task force to study public school mental health services
COMMITTEE: Public Health — committee substitute recommended
VOTE: 10 ayes — S. Thompson, Allison, Coleman, Frank, Guerra, Lucio, Ortega, Price, Sheffield, Zedler
0 nays
1 absent — Wray
WITNESSES: For — Annalee Gulley, Mental Health America of Greater Houston; Ashley Arnold, Texas Association of School Psychologists; Denise Zimmermann; (Registered, but did not testify: Colby Nichols, Austin ISD; Jason Sabo, Children at Risk; Bill Kelly, City of Houston Mayor’s Office; Chris Masey, Coalition of Texans with Disabilities; Jeff Miller, Disability Rights Texas; Claire Bocchini, Erica Ding, Melinda Soeung, and Alyssa Thomason, Doctors for Change; Ashlea Turner, Houston ISD; Lindsay Lanagan, Legacy Community Health; Christine Yanas, Methodist Healthcare Ministries of South Texas, Inc.; Eric Kunish, National Alliance on Mental Illness-Austin; Alissa Sughrue, National Alliance on Mental Illness-Texas; Will Francis, National Association of Social Workers- Texas; Josette Saxton, Texans Care for Children; Tom Banning, Texas Academy of Family Physicians; Patty Quinzi, Texas American Federation of Teachers; Dax Gonzalez, Texas Association of School Boards; Paige Williams, Texas Classroom Teachers Association; Jan Friese, Texas Counseling Association; Reginald Smith, Texas Criminal Justice Coalition; Michelle Romero, Texas Medical Association; Darren Grissom and Carol Grothues, Texas Psychological Association; Lisa Dawn-Fisher, Texas State Teachers Association; Jennifer Lucy, TexProtects; Kyle Piccola, The Arc of Texas; Nataly Sauceda, United Ways of Texas; Knox Kimberly, Upbring; and 21 individuals)
Against — Alice Linahan, Women on the Wall
On — Lee Spiller, Citizens Commission on Human Rights; Alycia Welch, Texas Institute for Excellence in Mental Health University of Texas at
- 183 - HB 906 House Research Organization page 2
Austin; (Registered, but did not testify: Trina Ita, Health and Human Services Commission)
DIGEST: CSHB 906 would establish the Collaborative Task Force on Public School Mental Health Services to study and evaluate state-funded mental health services provided at school districts or open-enrollment charter schools to enrolled students, students' parents or family members, or school employees. The task force also would evaluate mental health services training provided to educators and the impact of the provided mental health services.
Duties. The task force would have to gather data on:
the number of enrolled students in each school district and charter school; the number of individuals to whom each school district or charter school provided mental health services; the number of individuals to whom each school district or charter school had the resources to provide mental health services; and the race, ethnicity, gender, special education status, and geographic location of individuals who were provided mental health services.
The bill would require the task force to evaluate and make recommendations regarding the provided mental health services, the provided mental health services training, and the impact of those services. The task force would evaluate the effectiveness of programs, including in:
improving student academic achievement and attendance; reducing student disciplinary proceedings; providing prevention and intervention services to promote early mental health; preventing substance abuse and suicide; reducing violence in the district or school; and promoting a positive school climate and improving physical and emotional safety and well-being in the school, among other areas specified in the bill.
- 184 - HB 906 House Research Organization page 3
The task force also would address best practices to replicate services or training for all districts and schools and note disparities in race, gender, and other criteria of individuals receiving the services.
Membership. The task force would be composed of the commissioner of education or the commissioner's designee and the following commissioner-appointed members:
three parents of students who received state-funded mental health services provided at a school; one person who provided those services or related training and who was a licensed professional counselor, clinical social worker, or certified school counselor; one psychiatrist; two administrators of districts or schools that provided mental health services or training; one person who was a member of a foundation that invested in mental health services or training offered at schools; one person who is an employee of the higher education institution with experience in evaluating mental health services; one licensed specialist in school psychology; and one representative from any other entity the task force deemed necessary.
At its initial meeting, the task force would choose a presiding officer from among its members. After its initial organizational meeting, the task force would have to meet at least twice each year and could meet by teleconference. Members of the task force could not receive compensation or reimbursement for their service on the force.
The bill would require the commissioner of education to designate three public institutions of higher education with experience in evaluating mental health services to serve on or assist the task force. One institution would serve as the lead institution for the task force and provide faculty, staff, and administrative support services. Two institutions would assist the task force and lead institution as the task force deemed necessary. In designating the participating institutions of higher education, the
- 185 - HB 906 House Research Organization page 4
commissioner would give preference to at least one predominantly black institution as defined by federal law.
Funding. The commissioner of education could not provide for task force purposes more than 10 percent of state funds allocated to the Texas Education Agency (TEA) for public school mental health services. The bill would prohibit the task force from spending more than 10 percent of any money allocated to it for administrative expenses. The task force could accept gifts or grants from a private individual, a foundation, or the federal government.
Report. By November 1 of each even-numbered year, the task force would have to submit a report of the results of its activities and any legislative recommendations to the governor, lieutenant governor, House speaker, and the TEA.
Effective dates. By October 1, 2019, the commissioner of education would have to appoint the members of the task force and designate institutions of higher education to provide support services. The task force would be abolished on December 1, 2025.
The 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, 2019.
SUPPORTERS CSHB 906 would establish a task force to evaluate state-funded mental SAY: health services at public and charter schools, which would help ensure those services operated efficiently and produced positive outcomes for students. Schools are often the first point of contact for students with mental health issues, and undiagnosed mental health conditions can negatively affect students' academic performance, behavior, and school attendance. By requiring the task force to study the status of schools' mental health services and training, the bill would help remove inconsistencies in providing such services across the state. During this legislative session there have been multiple proposals for increasing state spending on mental health programs, and this bill would ensure schools are using those funds resourcefully.
- 186 - HB 906 House Research Organization page 5
OPPONENTS CSHB 906 would not address the primary reasons for the rise in students' SAY: mental health issues and so would not be effective in improving mental health care. Schools increasingly are focusing on students' behavioral health rather than their academic performance, which could have undesirable consequences.
- 187 - HOUSE HB 1399 (2nd reading) RESEARCH Smith, et al. ORGANIZATION bill analysis 4/23/2019 (CSHB 1399 by Burns)
SUBJECT: Creating and storing DNA records upon arrest for certain felony offenses
COMMITTEE: Homeland Security and Public Safety — committee substitute recommended
VOTE: 9 ayes — Nevárez, Paul, Burns, Calanni, Clardy, Goodwin, Israel, Lang, Tinderholt
0 nays
WITNESSES: For — Cheryl Lieck, Chambers County District Attorney; Eric Carcerano, Chambers County District Attorney's Office; Brian Hawthorne, Sheriffs' Association of Texas; Stacy Suits, Travis County Constable Precinct 3; Theresa Bastian; Carol Brown; Jayann Sepich; Ashley Spence; (Registered, but did not testify: Justin Berry, Austin Police Association; Richard Jankovsky III, Department of Public Safety Officers Association; Jessica Anderson, Houston Police Department; Jennifer Zoghby, Moms Demand Action; Walter West II (RET), Republican Party of Texas, Texas Senate District 4, and Veterans; Gary Tittle, Richardson Police Department; Jimmy Rodriguez, San Antonio Police Officers Association; Micah Harmon, Sheriffs' Association of Texas; James McLaughlin, Texas Police Chiefs Association; Noel Johnson, Texas Municipal Police Association; Lawrence Baitland; Priscilla Camacho; Janis Carter; Dana Harris; Alison Steele)
Against — (Registered, but did not testify: Chas Moore, Austin Justice Coalition; Emily Gerrick, Texas Fair Defense Project)
On — (Registered, but did not testify: Brady Mills, Texas Department of Public Safety Crime Lab)
BACKGROUND: Government Code sec. 411.1471 requires a defendant who is indicted or waives indictment for certain felonies to provide to a law enforcement agency a specimen to create a DNA record. If a defendant is acquitted or the case is dismissed, the court has to order the law enforcement agency taking the specimen to immediately destroy the record of the collection and require the Department of Public Safety to destroy the specimen and
- 188 - HB 1399 House Research Organization page 2
record of its receipt.
DIGEST: CSHB 1399 would establish the Krystal Jean Baker Act and would require a defendant to provide to a law enforcement agency one or more specimens for creating a DNA record upon arrest for the following felonies:
murder; capital murder; kidnapping aggravated kidnapping; human smuggling; continuous human smuggling; human trafficking; continuous human trafficking; continuous sexual abuse of young child or children; indecency with a child; assault; sexual assault; aggravated assault; aggravated sexual assault; prohibited sexual conduct; robbery; aggravated robbery; burglary; theft; promotion of prostitution; aggravated promotion of prostitution; compelling prostitution; sexual performance by a child; or possession or promotion of child pornography
A defendant convicted of a felony would not have to provide a DNA sample as a condition of probation if it was already submitted on arrest or conviction under Government Code sec. 411.1471.
- 189 - HB 1399 House Research Organization page 3
The director of the Department of Public Safety would be required to apply for any available federal grants applicable to the creation and storage of DNA records of persons arrested for certain offenses.
The bill would take effect September 1, 2019, and would apply only to an offense committed on or after that date.
SUPPORTERS CSHB 1399 would expand the state's DNA database to more easily link SAY: offenders to crimes, helping law enforcement solve more cases and bringing justice to more victims and their families.
In 2001, Texas enacted SB 638 by Barrientos, which was the first DNA collection law in the country, requiring DNA samples from those indicted for certain felony offenses. However, some have raised concerns that current law has allowed offenders to slip through the cracks, including when they plead guilty to lesser charges. Currently, 18 states have enacted broader DNA collection laws that require DNA to be taken at the time of arrest from all felony offenders. Where enacted, these broader laws have increased the rate of solved cases.
The collection of DNA provides no more personal information than other items collected by a law enforcement agency upon arrest. Agencies can take fingerprints and photos of arrestees without running afoul of constitutional protections. DNA profiles created from samples do not provide genetic information, containing only non-coding markers selected for their uniqueness. The bill also would not affect current requirements that law enforcement dispose of DNA samples and remove them from the database if a person was found not guilty, ensuring that privacy of innocent people was protected.
OPPONENTS By requiring the collection of DNA samples upon arrest as opposed to SAY: waiting until conviction, CSHB 1399 could violate the due process rights of defendants who should be presumed innocent until proven guilty.
The number of samples in the DNA database, even if they are from felony offenders, should be kept to a minimum to protect privacy interests. DNA samples contain personal information that could be subject to misuse and abuse, and expanding the database increases the risk that such information - 190 - HB 1399 House Research Organization page 4
could be used for purposes other than law enforcement.
CSHB 1399 would create a burden on taxpayers related to the increase in collection and storage of DNA samples. According to the Legislative Budget Board fiscal note, the Department of Public Safety estimates it would sample about 40,000 more defendants a year, requiring additional full-time equivalent employees and lab equipment and increasing operating costs and capital expenditures. Due to concerns over privacy and due process rights, this would be an unnecessary use of state money.
NOTES: According to the Legislative Budget Board, the bill would have a negative impact of $2.8 million on general revenue related funds through fiscal 2020-21.
The Legislative Budget Board also estimates that making current DNA court cost assessments apply to additional felony convictions would generate additional revenue. Of the amount collected, the state would receive 90 percent, with 65 percent going to the Criminal Justice Planning Fund and 35 percent to the State Highway Fund. The remaining 10 percent of generated revenue would go to counties.
- 191 - HOUSE (2nd reading) RESEARCH HB 2861 ORGANIZATION bill digest 4/23/2019 Landgraf
SUBJECT: Allowing TxDOT to enter federal agreements to provide road services
COMMITTEE: Transportation — favorable, without amendment
VOTE: 10 ayes — Canales, Landgraf, Bernal, Y. Davis, Hefner, Krause, Leman, Martinez, Ortega, E. Thompson
0 nays
3 absent — Goldman, Raney, Thierry
WITNESSES: For — David Athey, U.S. Army; (Registered, but did not testify: Doug Williamson, Abilene Chamber of Commerce; Leticia Van de Putte, City of Del Rio; Dan Mays, City of Texarkana; Deirdre Delisi, San Antonio Chamber of Commerce; Scott Norton, TexAmericas Center; Trace Finley, United Corpus Christi Chamber of Commerce Military Facilities Task Force)
Against — None
On — (Registered, but did not testify: James Bass, Texas Department of Transportation)
BACKGROUND: Interested parties have noted that allowing TxDOT to partner with the federal government on road projects on military installations could provide cost savings for these projects and increase efficiency.
DIGEST: HB 2861 would allow the Texas Department of Transportation (TxDOT) to enter into agreements with the U.S. Department of Defense or any federal entity to allow TxDOT to assist with road services on military installations. The bill would prohibit state funds from being used to provide road services under such agreements.
The bill would take effect September 1, 2019.
- 192 - HOUSE HB 1625 (2nd reading) RESEARCH K. Bell, et al. ORGANIZATION bill analysis 4/23/2019 (CSHB 1625 by Murr)
SUBJECT: Creating a criminal offense for false reports against emergency responders
COMMITTEE: Criminal Jurisprudence — committee substitute recommended
VOTE: 6 ayes — Collier, K. Bell, Hunter, Moody, Murr, Pacheco
1 nay — J. González
2 absent — Zedler, P. King
WITNESSES: For — John Bruce, City of Frisco Police Department; Richard Jankovsky III, DPS Officers Association; Larry Simmons, Grand Prairie Police Department, Texas Police Chiefs Association; Brad McCutcheon, Texas State Association of Firefighters; Yolanda Davis, Texas Municipal Police Association; David Lowthorp, Williamson County Sheriff's Office; (Registered, but did not testify: Bill Kelly, City of Houston Mayor's Office; Rita Ostrander, Combined Law Enforcement Associations of Texas; Frederick Frazier, Dallas Police Association; David Sinclair, Game Warden Peace Officers Association; Ray Hunt, Houston Police Officers Union; Jimmy Rodriguez, San Antonio Police Officers Association; Troy Alexander, Texas Medical Association; Monty Wynn, Texas Municipal League; Noel Johnson, Texas Municipal Police Association)
Against — Chris Harris, Just Liberty
DIGEST: CSHB 1625 would make it a class A misdemeanor (up to one year in jail and/or a maximum fine of $4,000) to knowingly and with the intent to deceive make a false report that a peace officer or emergency services personnel committed a crime while performing official duties with the purpose of initiating a criminal investigation against the officer or personnel.
If a criminal offense under the provisions of the bill also constituted an offense under another law, the actor could be prosecuted under either law or both laws.
The bill would take effect September 1, 2019.
- 193 - HB 1625 House Research Organization page 2
SUPPORTERS CSHB 1625 would protect peace officers and emergency services SAY: personnel from false reports of misconduct by creating a criminal offense for filing such reports. The bill also would prevent the waste of resources used to litigate false accusations against peace officers and first responders by discouraging false reports.
Although current statute provides penalties for perjury during court proceedings, false reports of misconduct made against peace officers and emergency services personnel are not covered under existing law. These false reports can be just as damaging to these individuals' careers as statements made under oath, even after allegations are shown to be false. The bill would discourage individuals from making these false reports by creating a criminal penalty for knowingly making unfounded accusations. This would supplement the perjury laws and provide further protections to law enforcement and emergency services personnel.
This bill would prevent the unnecessary use of taxpayer resources to litigate false accusations by creating a consequence for those filing inaccurate reports. Currently, state resources must be used to litigate accusations against peace officers and emergency responders. In addition, these personnel are often taken off duty while their cases are pending, which could lead to a manpower shortage.
The bill would not discourage individuals from making legitimate reports since the bill includes a high bar for prosecution. In order to be prosecuted under the provisions of the bill, an individual would have to have made a false report knowingly and with the intent to deceive and for the purpose of initiating a criminal investigation against the personnel in question.
In addition, the bill would strengthen the relationship between law enforcement and the community by ensuring that all complaints filed by members of the public were made in good faith and reflected accurate concerns.
OPPONENTS CSHB 1625 could undermine the relationship between law enforcement SAY: and local communities and could discourage reporting of police misconduct by creating a new criminal penalty. Although false reports are harmful to the personnel against whom they are made, legitimate - 194 - HB 1625 House Research Organization page 3 complaints could go unreported if there was a threat of prosecution for filing police reports.
Police and emergency personnel rely on the trust of the public to function effectively. This bill could breach that trust by discouraging civilians from making complaints to the police due to fears of retribution.
- 195 - HOUSE HB 3264 (2nd reading) RESEARCH Buckley ORGANIZATION bill digest 4/23/2019 (CSHB 3264 by Harris)
SUBJECT: Studying groundwater conditions in certain counties
COMMITTEE: Natural Resources — committee substitute recommended
VOTE: 10 ayes — Larson, Metcalf, Dominguez, Farrar, Harris, T. King, Lang, Nevárez, Price, Ramos
0 nays
1 absent — Oliverson
WITNESSES: For — David Blackburn and Tim Brown, Bell County; Dirk Aaron and Scott Brooks, Clearwater Underground Water Conservation District; (Registered, but did not testify: Alfonso Lucio, Austin Chamber of Commerce; Brad Schlueter, City of Killeen; Gary Young, Clearwater Underground Water Conservation District; Charles Flatten, Hill Country Alliance; Mary Cullinane, League of Women Voters of Texas; Sarah Floerke Gouak, Lower Colorado River Authority; Chris Mullins, Save Our Springs Alliance; Amber Blount, Texas Alliance of Groundwater Districts; Vanessa Puig-Williams, Trinity Edwards Spring Protection Association; Perry Fowler, Texas Water Infrastructure Network; Terry Cook, Williamson County Commissioners Court)
Against — None
On — (Registered, but did not testify: John Dupnik, Texas Water Development Board)
BACKGROUND: It has been noted that two decades have passed since the Texas Water Development Board last studied groundwater use in several Central Texas counties and that these counties have experienced significant population growth and urbanization. Some suggest a new study of groundwater usage in these areas is necessary to help the state better measure and manage available groundwater resources.
DIGEST: CSHB 3264 would require the Texas Water Development Board (TWDB) to study current and projected groundwater production and its effects on
- 196 - HB 3264 House Research Organization page 2 groundwater conditions for the Trinity and Edwards aquifers north of the Colorado River in Bell, Burnet, Milam, Travis, and Williamson counties.
The study would compile and evaluate data on groundwater levels, aquifer characteristics, and groundwater use and production in the area and fully assess the effects of current and projected production on groundwater conditions.
TWDB would be required to publish a public report with its findings by September 1, 2020. The bill's provisions would expire September 1, 2021.
The 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, 2019.
- 197 - HOUSE (2nd reading) RESEARCH HB 4674 ORGANIZATION bill digest 4/23/2019 Bailes
SUBJECT: Creating the Chambers County Municipal Utility District No. 2
COMMITTEE: Land and Resource Management — favorable, without amendment
VOTE: 7 ayes — Craddick, Muñoz, C. Bell, Biedermann, Leman, Minjarez, Thierry
0 nays
2 absent — Canales, Stickland
WITNESSES: For — (Registered, but did not testify: Michael Plank, Ameriport, LLC; Howard Cohen, Schwartz, Page and Harding, LLP)
Against — None
BACKGROUND: Water Code ch. 49 governs certain special purpose districts that engage in certain water, sewer, drainage, or flood control activities. A district under this chapter has eminent domain authority.
Water Code ch. 54 governs municipal utility districts that may be created for several purposes, including flood control, irrigation, and water conservation.
Interested parties have suggested creating a special purpose district to benefit undeveloped land in Chambers County.
DIGEST: HB 4674 would create the Chambers County Municipal Utility District No. 2. The bill would outline the governing body, election process, and powers of the district and would describe the initial district territory.
Governing body. The district would be governed by a board of five elected directors who would serve staggered four-year terms.
On or after the effective date of this bill, the owners of a majority of the assessed value of the property in the district could submit a petition to the Texas Commission on Environmental Quality (TCEQ) requesting five
- 198 - HB 4674 House Research Organization page 2 temporary directors. TCEQ would have to appoint the individuals named by the petition to serve until permanent directors were elected or for four years after the bill's effective date. If permanent directors were not elected during that time, successor temporary directors would be appointed or reappointed in the same manner.
Temporary directors would be required to hold an election to confirm the creation of the district and to elect five permanent members. An election could not be held without the consent of each municipality in whose corporate limits or extraterritorial jurisdiction the district was located.
General powers. The district would be a municipal utility district with the powers and duties provided under Water Code chs. 49 and 54.
The bill would allow the district to design, acquire, construct, finance, issue bonds for, improve, operate, maintain, and convey certain roads or road improvements. Road projects would have to meet all applicable construction standards, zoning and subdivision requirements, and regulations of each municipality or county in which they were located.
If the state would maintain and operate the road, the Texas Transportation Commission would have to approve project plans and specifications.
Bond authority. HB 4674 would allow the district to issue bonds or other obligations payable wholly or partly from property taxes, impact fees, revenue, contract payments, grants, other money, or any combination of those sources. The district could issue bonds or obligations secured by contract payments or revenue other than property taxes without an election.
Property tax. The district would have to hold an election to obtain voter approval before imposing a property tax or issuing bonds payable from a property tax.
When the district issued bonds payable wholly or partly from property taxes, the board would have to provide for the annual imposition of a continuing direct property tax, without limit as to the rate or amount, while all or part of the bonds were outstanding. - 199 - HB 4674 House Research Organization page 3
Bonds payable from a property tax could not be issued to finance a road project unless it was approved by a vote of two-thirds majority of the district voters. The total principal amount of bonds or obligations issued to finance road projects could not exceed one-fourth of the assessed value of real property in the district.
Operation and maintenance tax. If approved by district voters, the district could impose an operation and maintenance tax on taxable property in the district. The district board would have to determine the tax rate, which could not exceed the rate approved at the election.
Contract tax. HB 4674 would allow the district to impose a tax other than an operation and maintenance tax and use the tax revenue to make payments under a contract that had been approved by district voters. A contract could contain a provision allowing the contract to be modified or amended by the board without further voter approval.
Eminent domain. If the bill did not receive a two-thirds vote of the membership of each house, the district would be prohibited from exercising the power of eminent domain. The bill would specify that this provision was not intended to be an expression of legislative interpretation of certain constitutional requirements.
Notice requirements. HB 4674 would specify that the legal notice of the intention to introduce this bill was published as required by law.
The 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, 2019.
- 200 - HOUSE (2nd reading) RESEARCH HB 4451 ORGANIZATION bill digest 4/23/2019 Pacheco, Cortez
SUBJECT: Recognizing Tap Pilam Coahuiltecan Nation as a Native American Tribe
COMMITTEE: State Affairs — favorable, without amendment
VOTE: 11 ayes — Phelan, Deshotel, Guerra, Harless, Holland, Hunter, P. King, Parker, Raymond, E. Rodriguez, Springer
0 nays
2 absent — Hernandez, Smithee
WITNESSES: For — Ramon Vasquez, American Indians in Texas Spanish Colonial Missions; Raymond Hernandez, Tap Pilam Nation; Mark Baez; Alston Thoms; (Registered, but did not testify: Art Martinez de Vara, Tap Pilam Coahuiltecan Nation; Javier Cervantes; Joe Black Horse Garcia; Alexis Reyes; Jesus J. Reyes, Jr.; Joshua Somers)
Against — None
BACKGROUND: The Tap Pilam Coahuiltecan Nation is a tribal community of affiliated bands and clans of the Papaya, Pacoa, Borrado, Pakawan, and other nations modernly known as "Coahuiltecans." Their traditional homeland consists of, in today's political boundaries, Texas in the United States and Coahuila, Tamaulipas, Nuevo Leon, and Northern Potosi in Mexico.
The 77th Legislature in 2001 passed HR 787 by B. Turner and SR 1038 by Zaffirini that recognized the Tap Pilam Coahuiltecan Nation for its contributions to Texas and commended their preservation of cultural and spiritual heritage and traditions. The nation petitioned for federal recognition in 1997 but remains unrecognized by the United States.
Some have suggested that Texas should recognize the Tap Pilam Coahuiltecan Nation as a Native American Indian Tribe so members could be eligible for certain government programs, services, and benefits.
DIGEST: HB 4451 would designate and recognize the Tap Pilam Coahuiltecan Nation as a Native American Indian Tribe exercising substantial
- 201 - HB 4451 House Research Organization page 2 governmental powers and duties.
The tribe would be eligible for all programs, services, and other benefits provided to state-recognized Native American Indian Tribes by the United States, Texas, or any other state because of tribe members' status as Native American Indians.
The bill would take effect September 1, 2019.
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