May 09, 2011 Volume 14

82nd Legislature

INSIDE THIS ISSUE

82nd Legislative Session Update GOVERNOR – Last Tuesday, Governor criticized the Obama Administration for its denial of the state’s April 16th request for a federal Major Disaster Declaration to assist with the ongoing wildfire season, which has burned more than 2.2 million acres. Since the wildfire season began in November 2010, has responded to more than 9,000 fires across the state that have destroyed or damaged more than 400 homes. Governor Perry said, “I am dismayed that this administration has denied Texans the much needed assistance they deserve. It is not only the obligation of the federal government, but its responsibility under law to help its citizens in times of emergency. Our state has become a model for the nation in disaster preparedness and response, but Texas is reaching its capacity to respond to these emergencies. We will immediately look at all of our options, including appealing the denial so Texans can receive the resources and support they need as wildfires continue to threaten life and property across our state.” Rachel Racusen, a FEMA spokesperson, said that the Federal Emergency Management Agency has sent 25 local fire management assistance grants to help fight fires. She said, “FEMA has been in close contact with the state since the fires occurred, and based on the information provided, it was determined that there was not a need for additional support at this time. Over the past few months, FEMA has awarded over 20 fire management grants to the state which cover 75% of Texas’ costs for emergency response work, such as evacuations, equipment, field camps and meals for firefighters, police barricading and traffic control.”

On Friday, Governor Perry received recommendations from the Task Force on Unfunded Mandates, which he appointed in February to identify burdensome, unfunded mandates that have been passed down from the state to local governments. The governor’s office will review the report and work with lawmakers and state agencies to determine which recommendations should be implemented. Comprised of nine local government officials from across the state, the task force identified mandates in areas including education, public safety, transportation, jails, public health, retirement systems, human resources, public information, state judiciary, environmental regulation, licensing and elections. Governor Perry said, “I sincerely thank the members of this task force for their time and efforts, and I look forward to reviewing the task force’s recommendations. Texas must remain vigilant in the effort to streamline government operations and ensure the most prudent use of taxpayer dollars.” The task force recommended: Public Education – Provide student-teacher ratio flexibility; repeal expenditure restrictions on compensatory education funds; provide block grants for public education instead of telling school districts exactly what they must spend for each type of student and how to spend it; and require a periodic sunset review of the Texas Education Code. Public Safety – Provide flexibility for purchase of firefighting equipment; align firefighting statutes and rules to ensure clear, consistent standards; provide flexibility to ensure basic water supply in emergencies; and county elected representatives should govern county employee compensation. Transportation – Allow local governments to retain proceeds from red light cameras; and allow county governments to recover a higher portion of overweight vehicle costs or repeal the mandate that Texas Department of Transportation overweight permits apply to county roads and state roads. Jails – Align state and county jail standards; shorten duration a county jail must hold inmates; reimburse counties for holding parole violators or allow them to be sent to state facilities; and reimburse counties for housing defendants found incompetent to stand trial or send them to state facilities; and provide staff-offender ratio flexibility for juvenile detention facilities. Public Health – Extend from seven to 30 days the reporting time for public health incidents related to sexually transmitted diseases; and allow local governments to regulate public swimming pools. Retirement Systems – Allow greater flexibility on interest rates and benefit structures; and repeal county employee health insurance mandate. Human Resources – Eliminate mandates for local government health insurance plans; repeal mandated longevity pay for sheriff deputies in counties with a population greater than 150,000; repeal disability compensation mandate; repeal work hours mandate in counties with populations greater than 1 million; repeal Harris County liability insurance mandate and sheriff records mandate; repeal civil service system election mandate; repeal personnel and payroll records mandate; and repeal state health insurance mandate for community supervision employees. Public Information – Allow full cost recovery for public information requests; and change records management rules to guidelines. Judiciary – Repeal indigent defense in child protective services cases mandate, or require state reimbursement; repeal appointed counsel mandate or require state reimbursement; repeal professional services payment mandate; require state payment for administrative judicial regions; repeal longevity pay requirement for probate judges; victims assistance coordinators should be paid by counties who are allowed to utilize money from the Crime Victims Compensation Fund; allow courts to recoup administrative costs of collecting state fees; allow counties to cap their expenditures for visiting judges; repeal court reporter salary increase mandate; repeal county collections program mandate; and repeal the supplemental judicial pay mandate. Licensing – Allow local (rather than state) licensing inspection and maintenance of boilers, refrigeration units, elevators and escalators that they own; and exempt licensure and inspection of government-owned vehicles. Elections – Extend delivery time for voter registration certificates. Miscellaneous – Repeal county auditor budget mandate; repeal county historical commission mandate; and repeal mechanic lien notice mandate.

Bills passed both houses and sent to the governor this session: 72 Bills sent to the governor this week: 29

SENATE – Last Monday, the marked the news of the death of Osama bin Laden with a moving speech by Senator Brian Birdwell (R- Granbury), a retired Army Lt. Colonel, who was at the Pentagon when it was struck by one of the hijacked planes on September 11th. He was wounded in the attack and has endured a long recovery with many surgeries to repair the physical damage he suffered. Senator Birdwell remembered his colleagues at the Pentagon who were killed in the attack. He went on to say that the death of bin Laden sends a strong message to those who still wish to do harm to America. He said, “The question isn’t whether we as a nation are making our enemies mad. The question is - what are we doing to make sure that our enemies learn never to make us mad. Last night’s operation answered that question.”

Last Monday, the Senate debated HB 15 by Representative Sid Miller (R- Stephenville) and Senator Dan Patrick (R-) which requires the performance of a sonogram before an abortion. Senator Patrick said, “This is a landmark day in Texas for a woman’s right to know. This bill will restore the physician-patient relationship and provide a high level of informed consent in all abortion facilities. This bill ensures that women will be better informed and have more time to consider their decision after receiving all the facts. I believe this bill will result in the saving of over 10,000 future Texans every year.” It received final approval in the Senate on Tuesday. The House concurred in Senate amendments on Friday and it is on its way to the governor’s desk.

Also last week, the Senate passed HB 1555 by Representative Senfronia Thompson (D-Houston) and Senator Rodney Ellis (D-Houston) which allows a school district to add locally funded additional days of instruction prior to the uniform school start date. The Senate sponsor, Senator Ellis explained that the bill is an effort to continue the reforms launched by the Houston ISD to improve academic achievement. Last year, HISD established the Apollo 20 initiative, a ground breaking program in partnership with Harvard’s Education Innovation Laboratory to help turn failing schools around by adding additional days at the front of the school year to provide students additional time to prepare for AP and state exams.

Last Tuesday, Senate Finance Committee Chairman Steve Ogden (R-Bryan) made an attempt to bring up HB 1, the general appropriations bill, but the two- thirds rule to bring it up failed to suspend on a 19-12 party-line vote. Earlier in the day Senator Ogden had indicated that he would take out a provision in the bill reported out of the Senate Finance Committee that would have allowed $3 billion from the Rainy Day fund to be used if necessary to fund the budget. When it became obvious that Senate leadership was going to use the regular order of business rule on Wednesday (since Wednesday is a House bill day and HB 1 was at the top of the calendar) rather than the traditional two-thirds rule to bring up the appropriations bill, Senator Kirk Watson (D-Austin) said, “One of the Texas Senate’s most important traditions became one of the first victims of this budget. The quick and casual discarding of the Senate’s two-thirds rule is symbolic of this budget’s problems and processes. For years, the legislature has balanced the budget with a toxic mix of debt, diversions, and deception. Those bad habits will become even worse under this budget. It’s ironic and unfortunate that his bad budget will pass in such a way. The Senate rule and process exist to create consensus and care in the Senate’s business. But the proposed budget has neither of those things. And by discarding this tradition on such an important and devastating bill, Texans are losing twice.” Senator Ogden defended the action saying, “We were not sent down here to preserve the two-thirds rule. We were sent here to govern. The people of the state of Texas don’t give diddly about the two-thirds rule. They expect us to produce a budget that will meet their needs for the next two years and if we don’t, they’re going to fire us.” Lt. Governor Dewhurst added, “Our number 1 duty in the legislature pursuant to the Constitution is to pass a balanced budget. At the end of the day, I will pass a budget, whether I am standing on my head or whether I’m standing up straight.”

The Senate passed SB 1841 by Leticia Van de Putte (D-) which establishes the Alamo Preservation Advisory Board to clarify the state’s relationship with the Daughters of the Republic of Texas, caretakers of the Alamo. Senator Judith Zaffirini (D-Laredo) once again brought up her SB 5 which makes several changes to the administration of institutions of higher education to give them flexibility in dealing with budget cuts. And, once again, Senator Jeff Wentworth (R-San Antonio) proposed an amendment to allow concealed handgun license holders to bring guns onto college campuses. The amendment went on the bill, and Senator Zaffirini withdrew her bill again.

On Wednesday, the Senate approved its version of HB 1, the state budget for 2012-2013 in a vote along party lines. Senate Finance Committee Chairman Steve Ogden (R-Bryan) said that given the state of the national economy, the Senate budget is a good bill. When HB 1 left the Senate Finance Committee, it included a contingency rider for using $3 billion from the Rainy Day Fund. In order to secure the votes for passage, Chairman Ogden amended the bill on the floor to remove that rider and replace it with one that would institute a $1.25 billion shift in health and human services funding in fiscal year 2013 and add a 1.2% across-the-board cut to state agencies, except the Permanent School Fund and debt service. Senator Ogden told the Senate that he believes the cuts will not actually be necessary as the Texas economy continues to improve.

On Thursday, the Senate passed two fiscal matters bills: SB 1583 by Senator Ogden sets a $24 fee for a driver’s license or personal identification certificate issued to a person who is not lawfully in the and creates the driver’s license system improvement fee, the record request standardization fee, and the driver’s license reinstatement or reissuance fee; increases the fee insurers pay for the Automobile Burglary and Theft Prevention Authority; and requires the DPS to designate some drivers license offices as temporary visitor stations. SB 1579, also by Ogden, allows the lease of state parking spaces and facilities, eliminates the publication and distribution of bound copies of general and special laws; allows a fee for documents filed with the Office of the Attorney General; allows a fee for legal review of comprehensive development agreements for toll projects; authorizes the Texas Historical Commission to use money in the Preservation Trust Fund for operating expenses; requires the comptroller to deduct a 10% handling fee from unclaimed property transactions; increases lobby registration fees; implements a tobacco user surcharge on participants covered in the state health plan; consolidates regional poison control centers; expands the use of tobacco settlement funds; allows Texas Enterprise Fund money to be used for the homeless housing and services program; and allows the Cancer Prevention and Research Institute to fund multi-year projects.

On Friday, the Senate passed SB 1584 by Senator Ogden, another fiscal matters bill which relates to natural resources and the environment. In addition to giving state agencies the authority to reduce or recover expenditures, it allows the Texas Animal Health Commission to collect fees for services it provides; extends the petroleum product delivery fee, authorize the Texas Parks and Wildlife Department to designate corporate partners and conduct fund-raising campaigns; establishes the Oil and Gas Regulation Cleanup fund to replace the Oil Field Cleanup Account, and requires the Railroad Commission to establish performance goals for oil and gas regulation.

The Senate also passed SB 1729 by Senator Judith Zaffirini (D-Laredo) which establishes the T-STEM (Texas Science, Technology, Engineering and Mathematics) Challenge Scholarship program for students at community colleges who are pursing degrees and certificates in high-demand fields. Senator Zaffirini said, “SB 1729 helps ensure that our state’s workforce remains competitive in today’s global economy. To compete for jobs in high-tech fields, Texas students need access to quality science, technology engineering and mathematics education.”

Total number of bills reported out of Senate Committees this week: 149 Total number of bills passed by the Senate this week: 103 Total number of bills passed on the Local and Uncontested calendar: 25

HOUSE – Last Monday, the House honored Texas peace officers who have fallen in the line of duty. The House also adopted a resolution (HR 1694) by Representative Joe Farias (D-San Antonio) commending President Obama’s actions in the commando raid that killed terrorist Osama bin Laden. 52 Republicans clarified in the House Journal that they were not endorsing all of the administration’s foreign policies.

The House debated over 100 amendments to SB 655 by Senator (R- Katy) and Representative (R-Eastland), the Railroad Commission sunset bill. It changes to name to the Texas Oil and Gas Association, retains the three-member state-wide elected governing commission, and continues the agency until 2023. The Senate version changes the commission to one statewide- elected commissioner. On Tuesday, the House took up HB 2608 by Linda Harper-Brown, the sunset bill for Texas Department of Housing and Community Affairs, and on Wednesday, they took up SB 656 by Senator Hegar and Representative Dennis Bonnen (R-Angleton) abolishing the Coastal Coordinating Council and transferring its functions to the General Land Office.

Also on Monday, the House debated HB 300 by Lois Kolkhorst (R-Brenham) which prohibits persons who collect health information from selling an individual’s protected health information and requires entities to notify individuals before protected health information can be disclosed electronically. Representative Kolkhorst said, “The attempt is to protect your health records as we move into the electronic age. This prohibits the sale of your most sensitive data. We can say to our constituents that this is a great attempt to protect their private data and health records.”

On Tuesday, the House passed HB 2671 by John Garza (R-San Antonio) which makes home owners’ associations subject to open meetings and open records laws and requires them to utilize the state’s record retention policy. Representative Garza said, “By ensuring open meetings, records retention and standardized inspection timelines, we will achieve uniformity and establish in statute the right of Texas homeowners to open governance of their property owners’ associations. Many property owners’ associations have extensive powers, including the power to make assessments, enforce land use regulations, contract on behalf of their members, sue and be sued on behalf of their members, foreclose on residential homesteads, and perform other such functions. Given the potential consequences of an association’s decision-making regarding the exercise of such powers, it is reasonable to expect an association to adhere to open meetings practices, reasonable recordkeeping and open access to such records.”

Also on Tuesday, the House approved HB 1224 by Representative Ronnie Reynolds (D-Missouri City) which allows school districts to expel students who hack into the district’s computer system. The House gave preliminary approval to SB 321 by Senator Glenn Hegar (R-Katy) and Representative Tim Kleinschmidt (R-Lexington) (it was ultimately approved on Wednesday) which would prohibit employers from restricting their employees from bringing guns into the employer’s parking lot and storing them in a locked vehicle. Representative Kleinschmidt said, “This is an attempt to balance rights between employers and employees.” A coalition of nine statewide associations including Texas Association of Manufacturers, Texas Association of Business, Texas Hospital Association, Texas Retailers Association, Texans for Lawsuit Reform, Texas Oil and Gas Association, Association of Electric Companies of Texas, TechAmerica, and Texas Civil Justice League urged House members to support an amendment to protect businesses from firearm liability if they are forced to allow firearms on their premises. Luke Bellsnyder, executive director of Texas Association of Manufacturers said, “As the bill is currently written, an employer has liability protection only if the gun discharges inside a locked vehicle. An employer would become liable for an incident if the firearm is unlawfully possessed or if the vehicle was unlocked during transport of the firearm. How could an employer know about an unlawful gun or an unlocked vehicle?” Representative Tryon Lewis’ amendment is necessary to provide liability protection for employers who would be required to allow guns on their premises.” Representative Lewis’ proposed liability amendment failed by a verified vote of 67 to 70.

The House passed HB 1942 by Representative Diane Patrick (R-Arlington) which includes “cyberbullying” in the definition of bullying and requires school districts to post formal policies on bullying, requires schools to teach staff how to recognize and react to bullying, and allows bullies to be transferred to different schools or classrooms.

On Wednesday, the House gave final approval to SB 257 by Senator John Carona (R-) and Representative Larry Phillips (R-Sherman) which will authorize “Choose Life” specialty license plates. The House also passed SB 894 by Senator Robert Duncan (R-Lubbock) and Representative Garnet Coleman (D- Houston) which will allow critical access hospitals, sole community hospitals, and hospitals located in counties with a population of 50,000 or less to hire doctors directly.

On Thursday, the House passed SB 201 by Senator Carlos Uresti (D-San Antonio) and Representative Bill Callegari (R-Katy) which will fix an unintended loophole in the disabled veterans’ property tax exemption created in 2009 when the Texas legislature approved a complete property tax exemption for veterans with a total or 100% disability rating due to a service-related disability. It applied to the veteran’s residence for the duration of the tax year, and if the veteran moved, the exemption would remain with the former household for the remainder of the year. SB 201 allows the exemption to move with the disabled veteran. Representative Callegari said, “I introduced this bill in response to a problem that a constituent of mine, who is a totally disabled veteran, experienced when he sold his home and bought a new one. After purchasing his house, he was given a property tax bill for his new property while the new owners of his old property, who were not disabled veterans, were allowed to enjoy his exemption. This was not what the legislature intended, and this bill will fix that problem. This bill ensures that the State of Texas honors its commitment to our disabled veterans. I believe that it was the right thing to do for those veterans who have given so much in their honorable service to our country.”

Also on Thursday, the House gave approval to HB 2038 by Representative Four Price (R-Amarillo) would grant the authority to local school boards to designate a concussion oversight team to develop a return-to-play protocol for students suspected of having sustained a concussion. Representative Price explained that the legislation will accomplish three things: an increased awareness of concussions, their symptoms and prevention; an immediate removal from play of any athlete suspected of having sustained a concussion; and the establishment of a return-to-play protocol that ultimately allows a student athlete to return to practice or play once cleared by a physician of their choice. .

On Thursday the House passed a package of bills by Representative Tan Parker (R-Flower Mound) regarding lake recreational safety. HB 596 prohibits the practice of boats circling individuals waterskiing or engaged in similar activities. HB 673 directs the Texas Parks and Wildlife Department to develop a video on water safety instruction that will reach high school students in Texas. HB 1395 requires a boat operation education course for all operators born after September 1, 1993 (current law requires boat operator education for individuals between the ages of 13 and 15 who wish to operate a watercraft without adult supervision.

The House gave preliminary approval to HB 2814 by Scott Hochberg (D- Houston) which would require the Secretary of State to implement a program to allow a person who has a valid driver’s license or personal identification card issued by the state to complete a voter registration application over the Internet. It received final approval on Friday.

On Friday, the House took up HB 12 by Representative Burt Solomons (R- Carrollton), the sanctuary cities bill which would prohibit local governmental entities from adopting rules, orders, ordinances, or policies that prohibit the enforcement of state or federal immigration laws. After several hours of debate on amendments, a point of order was raised that was sustained sending it back to the State Affairs Committee. The House then took up HB 400 by Representative Rob Eissler (R-The Woodlands), the public school flexibility bill that had already been knocked off the calendar once on a technicality. After another few hours of debate on amendments, a point of order was raised. Around 11:30 p.m. the Speaker adjourned the House for the night and said he would rule on the point of order Saturday morning.

The House started out with fireworks on Saturday morning. Speaker Straus sustained a point of order that sent HB 400, the public education flexibility bill, back to the Calendars Committee. Then, Representative Warren Chisum (R- Pampa) made the motion to put a call on the House because there was a rumor that the Democrats might try to break quorum to avoid debate on HB 274 by Brandon Creighton, the omnibus tort reform bill. Representative Sylvester Turner (D-Houston) moved to amend the motion for a call on the House to require the doors to be locked and the DPS sent to retrieve all absent members. Representative Chisum withdrew his motion for a call on the House and made the motion to suspend all necessary rules to take up the entire calendar, which would presumably include HB 400. After lengthy private discussion by several members around the Speaker’s podium, that motion was withdrawn. Representative Todd Hunter (R-Corpus Christi) Chair of the House Calendars Committee offered a motion that would have suspended rules for the House to take up HB 12 (sanctuary cities), HB 400 (education reform), HB 274 (tort reform), and HB 272 (Texas Windstorm Insurance Association) on Monday morning at which time they would not be subject to points of order. After heated protests from Democrats, that motion was withdrawn. Yvonne Davis asked to be recognized for a motion to adjourn “in light of the discord in the chamber.” That motion failed, and it was questionable as to whether there was a quorum present. The chair laid out HB 274, the tort reform bill and the sponsor Brandon Creighton moved the previous question which passed and HB 274 passed to third reading without debate or amendments. In a plea by Democratic Representative Craig Eiland of Galveston against the previous question motion, Eiland said, “You all can pass this bill and any other bill you want to without resorting to this depth of elimination of public debate and suppression of the minority voice.” A point of order was raised on the next bill on the calendar so the Speaker recognized a motion to adjourn until Monday and the House quit for the weekend.

Republican caucus chair Representative Larry Taylor was quoted in the Quorum Report commenting on the House passage of HB 274 without debate saying, “Republican members of the Texas House are supportive of open and honest debate. We place tremendous value in good-faith policymaking discussions that are rooted in respect and truthfulness. That is why I’m very disappointed by the actions on the part of some of my Democratic colleagues. I personally reached out to them on numerous occasions today to work toward a consensus but unfortunately the Democrats refused all efforts toward a resolution. Raising points of order after hours of debate reveal the tactics of the Democrats for exactly what they are – blatant attempts to stifle legislative debate and waste the valuable time of the Texas Legislature. Simply put, we are done playing games. We have parliamentary options to counter these tactics and the majority of the Texas House of Representatives will not sit idly by while the Democrats attempt to make a mockery of this session.”

Total number of bills reported out of House Committees this week: 322 Total number of bills passed by the House this week: 307 Total number of bills passed on the Local and Consent calendar: 180

This Week: Monday’s House calendar has HB 272 (Texas Windstorm Insurance Association), HB 274 (tort reform – third reading), all six of the fiscal matters bills (over 100 amendments have been pre-filed), HB 12 (sanctuary cities), HB 400 (public education flexibility), and over 100 bills on the general state calendar. End-of-session House deadlines start this week with Monday, May 9th being the last day House bills can be reported out of House committees, Thursday, May 12th at midnight being the deadline for the House to consider House bills, and Friday May 13th being the last day the House can consider House bills on the Consent calendar. A detail of the all the slow-down rules is at the end of this report.

BUDGET – The Senate passed HB 1, the general appropriations bill last Wednesday. The Senate budget would spend $176.5 billion in the next biennium, about $8 billion more than the House appropriated in its budget plan. It represents a cut of $11 billion to current funding levels. In the area of health and human services, it preserves eligibility in the Children’s Health Insurance Program, keeps money for assistive and rehabilitative services and maintains reimbursement rates for providers. The Senate budget assumes the passage of SB 22 by Senator Florence Shapiro (R-Plano) which is a school finance bill that would move away from the current system which promises schools the same level of funding they received in the 2005-2006 school year and moves gradually to a formula funding system. So far, the Senate has not had the votes to bring up SB 22.

On Monday, the Senate Finance Committee took up: HB 4 by (R-Waxahachie) is the supplemental appropriations bill for the state fiscal year ending August 31, 2011. It was reported favorably as substituted and is on Monday’s Senate Intent calendar.

Reported from Committee: SB 1588 by Steve Ogden (R-Bryan) would create and re-create funds in the state treasury to sweep unexpended balances in dedicated accounts. It was reported favorably as substituted from the Senate Finance Committee. It is on Monday’s Senate Intent calendar.

Passed the House: HB 257 by Harvey Hilderbran (R-Kerrville) would transfer unclaimed utility deposits to the state treasury after one year of being unclaimed; would presume money orders are abandoned in three (rather than seven)years; and would presume checking or savings accounts and matured certificates of deposit are abandoned if the account has been inactive for at least three years. The committee substitute and one floor amendment were adopted. HB 2969 by Rene Oliviera (D-Brownsville) would authorize the General Land Office to sell state property held by Texas Department of Criminal Justice, Texas Department of Transportation, Texas Facilities Commission, Health and Human Services Commission, Texas Parks and Wildlife Department, Texas Youth Commission, and Department of Aging and Disabilities Services and deposit the money into the general revenue fund. The committee substitute and two floor amendments were adopted.

Passed the Senate: SB 1579 by Steve Ogden (R-Bryan) would authorize general government agencies to reduce or recover expenditures. The committee substitute and 11 floor amendments were adopted. SB 1583 by Steve Ogden (R-Bryan) would authorize law enforcement and criminal justice agencies to reduce or recover expenditures. The committee substitute and two floor amendments were adopted. SB 1584 by Steve Ogden (R-Bryan) would authorize natural resources agencies to reduce or recover expenditures. The committee substitute and three floor amendments were adopted.

ECONOMIC DEVELOPMENT – It was announced on Wednesday that Texas has been ranked the top state for job growth and business development for the seventh year in a row in a survey of CEO’s by Chief Executive Magazine. The survey asked 550 CEO’s to consider a wide range of criteria, from taxation and regulation to workforce quality and living environment, in the magazine’s annual ranking of the best states for business. In the study, Texas received strong marks in all areas important for business creation, while highlighting the state’s low tax burden and robust job creation compared to other states. Additionally, the study credited the state’s predictable policies and regulation, positive attitude toward business and Texans’ strong work ethic with helping the state hold the top ranking since 2005.

Also on Wednesday, the Senate Economic Development Committee took up: HB 1560 by Connie Scott (R-Corpus Christi) would authorize counties to nominate projects located in the county and in the extraterritorial jurisdiction of a municipality primarily located in another county for designation as an enterprise project. It was left pending. HB 2457 by John Davis (R-Houston) would prohibit the governor from amending a Texas Enterprise Fund agreement without obtaining input from the speaker and lieutenant governor. It was voted out favorably as substituted. HB 2785 by John Davis (R-Houston) would establish the Select Committee on Economic Development to develop an economic development policy for the state. It was reported favorably and recommended for the Local and Uncontested calendar. It is on Monday’s Senate Intent calendar.

Reported from Committee: SB 1047 by Mike Jackson (R-La Porte) would add the Lyndon B. Johnson Space Center to the list of eligible organizations that can receive funding from the Texas Emerging Technology Fund. It was reported favorably from the House Economic Development Committee and recommended for the Local and Consent calendar.

Passed the House: HB 2853 by John Davis (R-Houston) would add to the definition of “project costs” the actual costs of the remediation of conditions that contaminate public or private land or buildings, the actual costs of the preservation of the façade of a public or private building, and the actual costs of the demolition of public or private buildings for tax increment financing purposes. The committee substitute was adopted and it passed on the Local and Consent calendar. SB 1086 by Craig Estes (R-Wichita Falls) would authorize the Texas Department of Agriculture to sell advertising and Go Texan program merchandise to promote agriculture, horticulture, and other industries that grow, process, or produce products in Texas. There were no amendments.

ENERGY – On Tuesday, the Senate Business and Commerce Committee took up: HB 1064 by Jim Pitts (R-Waxahachie) would require a transmission and distribution utility to waive the application of demand ratchet provisions for each nonresidential secondary service customer that has a maximum load factor set by commission rule. It was reported favorably and recommended for the Local and Uncontested calendar.

Also on Wednesday, the House Business and Industry Committee took up: SB 238 by Royce West (D-Dallas) would prohibit a property owners’ association from enforcing provisions in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device. It was voted out favorably.

Reported from Committee: HB 2435 by Joe Deshotel (D-Beaumont) would allow the Public Utility Commission or the governing body of a municipality to approve a tariff or rate schedule in which the rate for gas utility service is adjusted based on changes in the gas utility’s revenues, expenses, or investments. It was reported favorably as substituted from the House Energy Resources Committee. HB 3254 by Mark Strama (D-Austin) would establish renewable energy reinvestment zones and would provide a property tax abatement for a renewable energy company located in the zone. It was reported favorably from the House Energy Resources Committee and recommended for the Local and Consent calendar. HB 3310 by Eddie Rodriguez (D-Austin) would allow a new light-duty motor vehicle powered in part by an electric motor, including a vehicle that draws power from a battery or a hybrid engine, to be eligible for a $2,500 incentive. It was reported favorably as substituted from the House Energy Resources Committee. HB 3595 by Warren Chisum (R-Pampa) would require each electric utility to provide through market based standard offer programs or market transformation programs, incentives sufficient for retail electric providers and competitive energy service providers to acquire additional cost-effective energy efficiency for residential and commercial customers. It was reported favorably as substituted from the House Energy Resources Committee and recommended for the Local and Consent calendar. HB 3754 by Harvey Hilderbran (R-Kerrville) would rename the Office of Public Interest Counsel as the Office of Public Utility Counsel; and would require the office to represent the interests of residential and small commercial consumers. It was reported favorably as substituted from the House State Affairs Committee. SB 20 by Tommy Williams (R-The Woodlands) would require the Texas Commission on Environmental Quality to establish and administer the Texas Natural Gas Vehicle Grant Program. It was reported favorably from the House Energy Resources Committee. SB 1150 by Kel Seliger (R-Amarillo) would require non-ERCOT utilities to comply with energy efficiency goals. It was reported favorably from the House State Affairs Committee and recommended for the Local and Consent calendar.

Passed the House: HB 2077 by Eddie Rodriguez (D-Austin) would establish a pilot program to provide loans to churches and community-based organizations to finance energy efficiency measures and renewable energy technology in buildings they own or operate. It was not amended. HB 2663 by Warren Chisum (R-Pampa) would provide that the rules and standards adopted by the Railroad Commission relating to the liquefied petroleum gas industry preempt and supersede any ordinance, order, or rule adopted by a political subdivision. Two floor amendments were adopted. SB 1153 by Tommy Williams (R-The Woodlands) would allow the Public Utility Commission to order an electric utility to interact with, join, or submit to the operational control of a regional transmission organization. Two floor amendments were adopted.

Passed the Senate: SB 1742 by Troy Fraser (R-Horseshoe Bay) would allow a motor vehicle displaying the “plug-in electric vehicle” insignia to use a high occupancy vehicle lane regardless of the number of occupants in the vehicle unless the use would impair the receipt of federal funds. The committee substitute and one floor amendment were adopted.

ENVIRONMENT – On Tuesday, the Senate Business and Commerce Committee took up: HB 218 by Pete Gallego (D-Alpine) would make possessing a glass container within the boundary of a state-owned riverbed a Class C misdemeanor for the first offense and a Class B misdemeanor for subsequent offenses. The vote failed in committee. HB 965 by Bill Callegari (R-Katy) would require the Texas Commission on Environmental Quality to provide a method for a person who holds a license to certify at the time the license is renewed that the license holder has complied with the commission’s continuing education requirements. It was reported favorably and recommended for the Local and Uncontested calendar. It is on Monday’s Senate Intent calendar. HB 1901 by Jim Keffer (R-Eastland) would add bonds issued by a public utility agency to the list of items that do not apply to the prohibition on an entity issuing bonds without permission from the Public Utility Commission. It was reported favorably and recommended for the Local and Uncontested calendar. HB 2694 by Wayne Smith (R-Baytown) is the sunset bill for Texas Commission on Environmental Quality. It was reported favorably as substituted and is on Monday’s Senate Intent calendar. SCR 32 by Kel Seliger (R-Amarillo) would express the legislature’s opposition to any attempt by the federal government to diminish the jurisdiction of individual states over their intrastate water resources. It was reported favorably and is on Monday’s Senate Intent calendar.

Also on Wednesday, the House Natural Resources Committee took up: SB 660 by Juan “Chuy” Hinojosa (D-McAllen) is the Texas Water Development Board sunset bill. It was voted favorably as substituted.

On Thursday, the House Environmental Regulation Committee took up: SB 694 by Royce West (D-Dallas) would add several products to the list of regulated metals. It was voted out favorably as substituted. SB 875 by Troy Fraser (R-Horseshoe Bay) would allow a person who is subject to an administrative, civil, or criminal action brought under the Regional Waste Disposal Act for nuisance or trespass to have an affirmative defense to that action if the person’s actions that resulted in the alleged nuisance or trespass were authorized by a rule, permit, order, license, certificate, registration, approval, or other form of authorization issued by the Texas Commission on Environmental Quality or the federal government. It was voted out favorably.

Reported from Committee: HB 695 by Alma Allen (D-Houston) would create the Mercury-Added Thermostat Collection Program and would require a person who removes a mercy-added thermostat from service to take the thermostat to a point of collection with a collection bin operating in accordance with this law. It was reported favorably as substituted from the House Environmental Regulation Committee and recommended for the Local and Consent calendar. HB 2025 by Ruth Jones McClendon (D-San Antonio) would allow counties to regulate solid waste collection, handling, storage, and disposal by establishing a mandatory program in a municipality’s extraterritorial jurisdiction only if the area has a population density of more than 3,000 persons per square mile; and the county or municipality has determined that the area has an established problem with the illegal dumping of household garbage. It was reported favorably as substituted from the House Environmental Regulation Committee. HB 3251 by Warren Chisum (R-Pampa) would require the Texas Commission on Environmental Quality to provide an opportunity for a public hearing and comment on an application for a permit amendment for an electric generating facility seeking authorization to comply with the Federal Clean Air Act amendments of 1990. It was reported favorably from the House Environmental Regulation Committee. HB 3273 by Allan Ritter (R-Nederland) would establish the State Water Implementation Fund for Texas as a special fund in the state treasury to be administered by the Texas Water Development Board. It was reported favorably as substituted from the House Natural Resources Committee. HJR 138 by Allan Ritter (R-Nederland) would propose a constitutional amendment creating the State Water Implementation Fund for Texas to provide a method for financing projects included in a statewide water plan adopted by the Texas Water Development Board. It was reported favorably as substituted from the House Natural Resources Committee. SB 329 by Kirk Watson (D-Austin) would create a Television Recycling Program in the State of Texas. It was reported favorably as substituted from the House Environmental Regulation Committee and recommended for the Local and Consent calendar. SB 660 by Juan “Chuy” Hinojosa (D-McAllen) is the Texas Water Development Board sunset bill. It was reported favorably as substituted from the House Natural Resources Committee. SB 1074 by Mike Jackson (R-La Porte) would provide that a water district’s rates are presumed just and reasonable and not unreasonably preferential, prejudicial, or discriminatory unless a ratepayer proves at a hearing on appeal that the district had no reasonable basis for its action. It was reported favorably from the Senate Natural Resources Committee and recommended for the Local and Uncontested calendar. It is on Tuesday’s Local and Uncontested calendar.

Passed the House: HB 2826 by Jim Murphy (R-Houston) would require a notice of an application for a municipal setting designation to include a statement that an affected municipality or public utility has 120 days from the date of receipt of the notice to pass a resolution opposing the application. It was not amended. HB 3391 by Doug Miller (R-New Braunfels) would authorize financial institutions to consider making loans for developments that will use harvested rainwater as the sole source of water supply. The committee substitute was adopted. SB 360 by Troy Fraser (R-Horseshoe Bay) would add money transferred to the Rural Water Assistance Fund from the Water Assistance Fund including proceeds from the sale of political subdivision bonds by the board to the Texas Water Resources Finance Authority that are deposited in the water assistance fund; money from gifts, grants, or donations to the fund; and any other fees or sources of revenue that the legislature may dedicate for deposit to the fund to the list of things the rural water assistance fund consists of. It was not amended. SB 1258 by Robert Duncan (R-Lubbock) and Rick Hardcastle (R-Wichita Falls) would allow the Texas Commission on Environmental Quality to issue a permit by rule to authorize the governing body of a county or municipality with a population of 10,000 or less to dispose of demolition waste. It passed on the Local and Consent calendar. SJR 4 by Juan “Chuy” Hinojosa (D-McAllen) and Allan Ritter (R-Nederland) would propose a constitutional amendment authorizing the issuance of up to $6 billion in general obligation bonds to maintain the Texas Water Development Board. No amendments were adopted.

Passed the Senate: HB 1808 by (R-Corsicana) is the sunset bill for the state Soil and Water Conservation Board. It was not amended.

GENERAL BUSINESS: Reported from Committee: HB 2291 by Bill Callegari (R-Katy) would provide that an individual may engage in an occupation not prohibited by law without being subject to statutes, administrative rules, or government practices that regulate the occupation and that are unnecessary and substantially burdensome. It was reported favorably as substituted from the House Government Efficiency and Reform Committee. HB 3166 by Bill Callegari (R-Katy) would abolish and consolidate agencies. It was reported favorably as substituted from the House Government Efficiency and Reform Committee.

Passed the House: SB 748 by John Carona (R-Dallas) would make several updates and technical changes to statutes relating to business organization and corporations. The two committee amendments were adopted. SB 1168 by John Carona (R-Dallas) would prohibit a plaintiff in an action against a personnel services provider from obtaining the revocation of a certificate authorizing the defendant to engage in business in the state. It was not amended. SB 1568 by Craig Estes (R-Wichita Falls) would delete provisions in statutes relating to business mergers providing that to the extent a shareholder of a corporation has standing to institute or maintain a derivative proceeding on behalf of the corporation immediately before a merger may not be construed to limit or terminate the shareholder’s standing after the merger. It was not amended.

HUMAN RESOURCES/EMPLOYMENT – On Tuesday, the House took up HJR 122/HB 2494 by Ken Legler (R-Pasadena) would propose a constitutional amendment authorizing the garnishment of wages for recovery of fraudulently obtained unemployment benefits. It was passed to third reading by a vote of 86 to 56, but since constitutional amendments require a two-thirds vote (100 votes in the House), Representative Legler postponed it and HB 2494 to July 4, 2011 (after the session, effectively killing the bills).

On Wednesday, the Senate Economic Development Committee took up: HB 2831 by Drew Darby (R-San Angelo) would require the Texas Workforce Commission to adjust the extended benefit eligibility unemployment benefits period as necessary to maximize the receipt of any fully funded federal extended unemployment benefits, if full federal funding for those benefits is available. It was reported favorably and recommended for the Local and Uncontested calendar.

Passed the House: SB 321 by Glenn Hegar (R-Katy) and Tim Kleinschmidt (R-Lexington) would prohibit an employer from restricting an employee from bringing a handgun into the employer’s parking lot. The committee substitute and three floor amendments were adopted.

INSURANCE: Reported from Committee: HB 2924 by Larry Taylor (R-Friendswood) would authorize an insurer to file and would require the Texas Department of Insurance to approve policy forms or endorsements that provide for a contractual limitations period for filing suit for first party claims under a policy; and would provide that the contractual limitations period in a residential or commercial property insurance policy for a first party claim must not be less than two years from the date of the loss. It was reported favorably as substituted from the House Insurance Committee. HB 3154 by Raul Torres (R-Corpus Christi) would allow for the issuance of emergency licenses for insurance adjusters if a catastrophe or an emergency arises out of a disaster, act of God, riot, civil commotion, conflagration, or other similar occurrence. It was reported favorably as substituted from the House Insurance Committee.

Passed the House: HB 1772 by Larry Taylor (R-Friendswood) would specify that exclusive provider benefit plans are regulated in the same manner as preferred provider benefit plans. The committee substitute and one floor amendment were adopted. HB 2655 by Kenneth Sheets (R-Dallas) would require insurers to give 30 days notice before reducing coverage under a property and casualty insurance policy upon renewal. One floor amendment was adopted and it passed on the Local and Consent calendar.

Passed the Senate: SB 1806 by Eddie Lucio, Jr. (D-Brownsville) would allow the Commissioner of Insurance to assess a surplus lines insurance agent a fee for filing a surplus lines insurance policy with the stamping office after the deadline. The committee substitute and one floor amendment were adopted.

PROPERTY - The Senate and House both adopted the conference committee report on SB 18, the eminent domain bill. The Senate sponsor Senator Craig Estes (R-Wichita Falls) said, “Private property and the right to own and profit from it, are fundamental to not only our economic liberty, but also our personal liberty. We know that Texas is thriving as a state and property is a valuable asset, but that growth should not come at the expense of property owners. This is the most important bill to strengthen private property rights for landowners.” As finally passed and sent to the governor, SB 18 contains provisions requiring that condemning authorities make a good faith offer before condemning procedures begin, prohibiting the taking of private property unless it is for a public use, improving notice and disclosure by condemning entities, applying condemnation rules to all condemning entities, and providing property owners with the opportunity to buy back property at the original purchase price if the taken property is not used for its public purpose in ten years.

Reported from Committee: HB 263 by Harvey Hilderbran (R-Kerrville) would require an excavator to notify a notification center as promptly as possible (rather than as promptly as reasonably possible) of a notice to dig. It was reported favorably as substituted from the House State Affairs Committee. HB 2729 by Bill Callegari (R-Katy) would authorize a local governmental entity to contract with a private entity to act as the local governmental entity’s agent in the design, development, financing, maintenance, operation, or construction, including oversight and inspection, of a civil works project or improvement to real property. It was reported favorably as substituted from the House Urban Affairs Committee and recommended for the Local and Consent calendar. SB 1353 by Kevin Eltife (R-Tyler) would exempt real estate brokers from statutory provisions governing deceptive trade practices except for a claim arising from an unconscionable action or course of action that cannot be characterized as advice, judgment, or opinion. It was reported favorably from the House Licensing and Administrative Procedures Committee and recommended for the Local and Consent calendar.

Passed the House: HB 8 by Drew Darby (R-San Angelo) would provide that a private transfer fee obligation would not be binding or enforceable against a subsequent owner or subsequent purchaser of an interest in real property except fees paid to a seller, real estate commissions, payments to a lender, payments made to a lessor under a lease, a real estate transfer fee, governmental fees, payments owed to a property owner’s association, or payments owed for a club membership related to the property. The committee substitute and five floor amendments were adopted. HB 1071 by Sarah Davis (R-Houston) would allow a residential real estate subdivision to extend restrictions by the written consent of the owners of a majority of the lots in the subdivision. Two floor amendments were adopted. HB 1111 by Will Hartnett (R-Dallas) would establish procedures for appealing a residential eviction suit for failure to pay rent if a tenant files a pauper’s affidavit. The committee substitute was adopted and it passed on the Local and Consent calendar. HB 1278 by Garnet Coleman (D-Houston) would prohibit a property owner’s association from enforcing or adopting a restrictive covenant that prohibits a property owner from displaying or affixing on the entry to the owner’s or resident’s dwelling religious items. It was not amended. HB 1390 by Joe Deshotel (D-Port Arthur) would require notice from a subcontractor of a potential retainage lien to be delivered after completion, as opposed to coming at the start of work on a project. Three floor amendments were adopted. HB 1604 by Ryan Guillen (D-Rio Grande City) would prohibit a county from imposing a higher standard for streets or roads in a subdivision than the county imposes on itself for the construction of streets or roads in a similar type and amount of traffic; would authorize counties to require each subdivider of land to prepare a plat if at least one of the lots of a subdivision is more than five acres but more than 10 acres; and would establish regulations on advertising the property. The committee substitute and five floor amendments were adopted. HB 1643 by John Zerwas (R-Fulshear) would remove the 15 year time limitation on a development agreement between the governing body of a municipality and the owner located in the extraterritorial jurisdiction of the municipality. The committee substitute was adopted and it passed on the Local and Consent calendar. HB 1649 by Marisa Marquez (D-El Paso) would authorize counties to charge a fee of up to $25 for each new residential construction project to defray the costs of administering building code requirements. The committee substitute and four floor amendments were adopted. HB 2205 by Rene Oliviera (D-Brownsville) would prohibit a person with delinquent ad valorem taxes from participating in the public sale of real property. It passed on the Local and Consent calendar. HB 2902 by John Zerwas (R-Fulshear) would require a general-law municipality with a population of less than 3,000 located in a county with a population of more than 500,000 adjacent to a county with a population of more than four million to release an area from its extraterritorial jurisdiction within 10 days of a petition request. The committee substitute and one floor amendment were adopted. HB 3096 by Lois Kolkhorst (R-Brenham) would authorize a county to deny the cancellation of a subdivision if the county determines that the cancellation will prevent the proposed interconnection or infrastructure to pending or existing development. It was not amended. HB 3246 by Gary Elkins (R-Houston) would allow a public improvement district to include two or more separated noncontiguous areas; and would add recreation facilities and facilities and equipment for firefighters, police, sheriffs, and emergency service providers to the list of authorized public improvement projects that a governing body may undertake. Two amendments were adopted and it passed on the Local and Consent calendar. HB 3483 by (R-Center) would require a person who sells an interest in residential real property to give to the purchaser of the property written notice that specifies the nature of any contamination, including the contaminant, the source, if known, and the location and extent of the contamination. It was not amended. HJR 63 by Joe Pickett (D-El Paso) would propose a constitutional amendment to allow counties (current law allows cities) to issue bonds to finance the development or redevelopment of an unproductive, underdeveloped, or blighted area. One floor amendment was adopted. SB 656 by Joan Huffman (R-Houston) and Dennis Bonnen (R-Angleton) would abolish the Coastal Coordination Council and transfer its duties to the General Land Office. The committee substitute and one floor amendment were adopted.

Passed the Senate: SB 1399 by Dan Patrick (R-Houston) would regulate foundation repair contractors. The committee substitute was adopted. SB 1471 by Juan “Chuy” Hinojosa (D-McAllen) would require the Texas Commission on Environmental Quality to obtain comments from a political subdivision prior to awarding a permit for a land reclamation project using tires. It passed on the Local and Uncontested calendar. SB 1816 by Judith Zaffirini (D-Laredo) would implement recommendations of the Colonia Task Force and would require the Secretary of State to provide a statewide system for identifying colonias; would require subdividers of land to provide a plat of a proposed subdivision to counties; and would authorize counties to regulate subdivisions. It passed on the Local and Uncontested calendar.

Next Week: SB 1363 by Eddie Lucio, Jr. (D-Brownsville) would allow counties within 50 miles of an international border to regulate land development by requiring new residential construction in the unincorporated area of the county to conform to building code standards. It is on Monday’s Senate Intent calendar.

TAX – Last Monday, the House Ways and Means Committee took up ten bills concerning property tax exemptions for disabled veterans, their surviving spouses, and persons with disabilities. They also took up three constitutional amendments requiring a supermajority to adopt tax bills. They were left pending. And, they took up: HB 1282 by Tim Kleinschmidt (R-Lexington) would require chief appraisers to be elected (rather than appointed) to two-year terms. It was left pending.

On Wednesday, the Senate Intergovernmental Relations Committee took up: SB 1405 by Juan “Chuy” Hinojosa (D-McAllen) would authorize persons exempt from registration as a property tax consultant who files a protest on behalf of a property owner to receive notices from the appraisal review board. It was reported favorably and recommended for the Local and Uncontested calendar. It is on Monday’s Senate Intent calendar.

Reported from Committee: HB 262 by Harvey Hilderbran (R-Kerrville) would make the $1 million total revenue exemption in the franchise tax permanent. It was reported favorably as substituted from the House Ways and Means Committee. HB 590 by Senfronia Thompson (D-Houston) would authorize local taxing jurisdictions to request an independent audit review of the Comptroller’s determination that local taxes must be reallocated to another jurisdiction if the amount of taxes the Comptroller proposes to reallocate is the lesser of $200,000 or 10% of the tax revenue received by the local taxing jurisdiction in the previous calendar year. It was reported favorably as substituted from the House Ways and Means Committee and recommended for the Local and Consent calendar. HB 1090 by Naomi Gonzalez (D-El Paso) would cap the interest rate on ad valorem tax refunds at 8%. It was reported favorably as substituted from the House Ways and Means Committee and recommended for the Local and Consent calendar. HB 2338 by Ken Paxton (R-Frisco) would require the chief appraiser to post on the appraisal district’s Internet website information for the most recent five tax years on the tax rate, maintenance and operations rate, debt rate, effective tax rate, effective maintenance and operations rate, and the rollback rate. It was reported favorably as substituted from the House Ways and Means Committee and recommended for the Local and Consent calendar. HB 2461 by Dennis Bonnen (R-Angleton) would make property tax arbitrators immune from civil liability that is based on the arbitrator’s determination of the value of property or of the appropriate award of a remedy or relief. It was reported favorably from the House Ways and Means Committee. HB 2582 by Jim Murphy (R-Houston) would repeal the partial exemption (25% exemption) for beer produced by Texas producers whose annual production is less than 75,000 barrels. It was reported favorably from the Senate Business and Commerce Committee and recommended for the Local and Consent calendar. HB 2696 by Craig Eiland (D-Texas City) would clarify that replacement structures would not be considered a new improvement if the improvement is to satisfy the requirements of a building code, fire code, or other local ordinance. It was reported favorably from the House Ways and Means Committee. HB 3727 by Harvey Hilderbran (R-Kerrville) would require the chief appraiser to determine the market value of temporary production aircraft on January 1 to be 10% of the published list price. It was reported favorably as substituted from the House Ways and Means Committee.

Passed the House: HB 2280 by Craig Eiland (D-Texas City) would require at least one member of the advisory committee to the Texas Commission on Environmental quality on implementation of the ad valorem tax exemption for pollution control property to be a representative of a school district, or junior college district in which property is located that is or previously was subject to the exemption. It passed on the Local and Consent calendar. HB 2387 by Jose Menendez (D-San Antonio) would authorize appraisal districts to hire a general counsel at a compensation level set by the board. It passed on the Local and Consent calendar. HB 2599 by Allan Ritter (R-Nederland) would define chewing tobacco as any leaf tobacco that is not snuff and that is suitable for chewing or not to be smoked for purposes of tobacco taxes. The committee substitute was adopted. HB 2972 by Todd Smith (R-Bedford) would allow municipalities that have had at least two previous elections authorizing a sales tax for maintenance and repair of municipal streets to call a reauthorization election to adopt a sales and use tax for eight years for maintenance and repair of municipal streets. The committee substitute was adopted and it passed on the Local and Consent calendar. SB 201 by Carlos Uresti (D-San Antonio) would clarify that homestead exemptions for disabled veterans would follow the veterans to whatever homestead the veteran owns. Two floor amendments were adopted. SB 934 by Tommy Williams (R-The Woodlands) would allow felony cases of criminal conspiracy, organized criminal activity, money laundering, or tax fraud under the tax laws to be prosecuted in any county. There were no amendments. SB 1341 by Kel Seliger (R-Amarillo) would prohibit a taxing unit from being a party in a suit to compel an appraisal review board to order a change in an appraisal roll. There were no amendments.

Passed the Senate: SB 682 by Joan Huffman (R-Houston) would authorize appraisal review boards to provide criminal history record information to the local administrative district judge or to the appraisal review board commissioners appointed by the local administrative district judge. It passed on the Local and Uncontested calendar. SB 1120 by Kel Seliger (R-Amarillo) would exempt property of a local government corporation from property taxes. The committee substitute was adopted. SB 1404 by Juan “Chuy” Hinojosa (D-McAllen) would increase the deadline for filing a suit to compel an appraisal review board to change an appraisal roll from 45 days to 60 days after receiving notice of the appraisal review board’s determination of a motion. There were no amendments. SB 1546 by Dan Patrick (R-Houston) would require appraisal review boards to reschedule hearings upon request if the property owner or agent fails to attend a hearing through human error; and would require the comptroller to appoint a peer review committee to review complaints concerning property tax appeal. The committee substitute was adopted.

TECHNOLOGY: On Monday, the Senate Government Organization Committee took up: HB 2499 by Byron Cook (R-Corsicana) is the sunset bill for the Department of Information Resources. It was left pending.

Also on Monday, the House Ways and Means Committee took up: HB 1152 by Ryan Guillen (D-Rio Grande City) would require the comptroller to establish a system of making payments by electronic pay card. It was left pending.

TELECOMMUNICATIONS - On Tuesday, the Senate Business and Commerce Committee took up: SB 712 by Glenn Hegar (R-Katy) would require the universal service fund to assist telecommunications providers in providing basic local telecommunications service at reasonable rates in high cost rural areas under two plans: the Texas High Cost Universal Service Plan and the Small and Rural incumbent Local Exchange Company Universal Service Plan. It was reported favorably and was on Thursday’s Senate Intent calendar but not taken up. HB 2680 by Tracy King (R-Eagle Pass) would authorize incumbent local exchange companies to offer a packaged service or a new or promotional service. It was reported favorably and recommended for the Local and Uncontested calendar. It is set on Tuesday’s Local and Uncontested calendar.

Reported from Committee: SB 1087 by John Carona (R-Dallas) would allow cable and video service providers that have not already terminated a municipal franchise and applied for a state-issued certificate of franchise authority to serve the same area can do so before January 1, 2012. It was reported favorably as substituted from the House State Affairs Committee.

Passed the House: HB 442 by Ryan Guillen (D-Rio Grande City) would establish an interoperable statewide emergency radio infrastructure account to be used for planning, development, provision, enhancement or ongoing maintenance of an interoperable statewide emergency radio infrastructure funded through 12% of court costs (eliminating the fugitive apprehension account and making it the emergency radio infrastructure account). One floor amendment was adopted. SB 980 by John Carona (R-Dallas) and Kelly Hancock (R-North Richland Hills) would make several telecommunications reforms. One floor amendment was adopted.

TORT – On Monday, the House Judiciary and Civil Jurisprudence Committee took up: HB 2641 by Lon Burnam (D-Fort Worth) would establish a cause of action against every person who, under color of any statute, ordinance or regulation subjects or causes to be subjected, a person to the deprivation of any rights, privileges, or immunities secured by the constitution or laws of this state; would provide that injunctive relief against a judicial officer acting in his official capacity could not be granted unless a declaratory decree is violated; and would allow a court to award attorneys fees. It was left pending. SB 1271 by Robert Duncan (R-Lubbock) would allow entities and units of government to resolve disputes in an alternative dispute resolution system; and would allow a criminal case, with the written consent of the state, to be referred to an alternative dispute resolution system. It was left pending.

On Thursday, the House Judiciary and Civil Jurisprudence Committee took up: SB 1717 by Robert Duncan (R-Lubbock) would limit county court at law jurisdiction to $200,000 and create uniform rules for magistrates. It was voted out favorably as substituted.

Passed the House: HB 1354 by Sarah Davis (R-Houston) would provide that a certified municipal inspector, acting in his official capacity, would not be liable for civil damages for services performed in response to a proclaimed state of emergency or natural disaster unless the act, error, or omission constitutes gross negligence or wanton, willful, or intentional misconduct. It was not amended. HB 2471 by Larry Phillips (R-Sherman) would limit liability for a person and an animal control agency who provides or obtains medical care or treatment for a nonlivestock animal that is injured or in distress because of an emergency, is abandoned, is running at large, or is a stray. The committee substitute was adopted and it passed on the Local and Consent calendar. SB 1160 by Kel Seliger (R-Amarillo) and Jim Jackson (R-Carrollton) would eliminate the duty of care that an owner, lessee, or occupant of land owes to a trespasser on the land; and would provide that the owner, lessee, or occupant may be liable for an injury to a child younger than 16 caused by a condition the owner should have known, or reasonably should have known existed and realized or should have realized involved an unreasonable risk of death or serious bodily harm to such children. Two floor amendments were adopted. SB 1716 by Robert Duncan (R-Lubbock) would provide for fee forfeiture and additional damages in cases procured through barratry. It was not amended.

Passed the Senate: SB 1417 by Juan “Chuy” Hinojosa (D-McAllen) would provide that a landowner is not liable for any damages or injury that arises from the actions of a peace officer or federal law enforcement officer when that officer enters or causes to enter the landowner’s property with or without permission; and would provide that a landowner is not liable for any damages or injury to any person or property that arises from the actions of an individual who enters because of the actions of a peace officer or federal law enforcement officer. The committee substitute was adopted.

WORKERS’ COMPENSATION - On Thursday, the Senate State Affairs Committee took up: HB 625 by Burt Solomons (R-Carrollton) would require staff leasing companies to provide, within 60 days of a written request by a client company, a list of claims associated with that client company made against the staff leasing company’s workers’ compensation policy as well as the payments made and reserves established on each claim. It was reported favorably and recommended for the Local and Uncontested calendar.

Reported from Committee: HB 2089 by John Smithee (R-Amarillo) would establish a procedure to allow carriers to seek reimbursement for overpayments; and would also allow injured workers to seek additional compensation for underpayments. It was reported favorably as substituted from the House State Affairs Committee and recommended for the Local and Consent calendar. HB 3362 by John Smithee (R-Amarillo) would allow for the appointment of an attorney to represent an injured worker in an action filed by an insurance carrier in District Court; would require payment of attorneys’ fees from the Subsequent Injury Fund; and would require carriers to pay the appointed attorney’s fees in the event the carrier loses on an issue. It was reported favorably as substituted from the House State Affairs Committee. SB 800 by Robert Duncan (R-Lubbock) would authorize the Commissioner of Workers’ Compensation to designate and contract with a data collection agent. It was reported favorably from the House State Affairs Committee.

Passed the House: HB 528 by Burt Solomons (R-Carrollton) would allow prescription medication or services related to workers compensation to be delivered through a voluntary or informal network provided the insurance carrier and health care provider have a contract in place which includes a fee schedule; and would assess insurance carriers, regardless of fault, an administrative violation for failure to comply with reporting requirements contained within the new statute. The committee substitute and one floor amendment were adopted.

WORKFORCE - On Wednesday, the Senate Higher Education Committee took up: SB 1763 by Jose Rodriguez (D-El Paso) would transfer adult education and literacy programs from the Texas Education Agency to the Texas Higher Education Coordinating Board. It was reported favorably as substituted and is on Monday’s Senate Intent calendar.

Reported from Committee: HB 3461 by Dee Margo (R-El Paso) is the companion to SB 1763 (above). It was reported favorably as substituted from the House Higher Education Committee.

SLOWDOWN RULES – The slow down rules which establish deadlines for the House and Senate to consider bills start on May 9th. May 9th is the last day for House committees to report HB’s and HJR’s May 12th is the last day for the House to consider 2nd reading HB’s and HJR’s May 13th is the last day for the House to consider consent HB’s and HJR’s May 20nd is the last day for the House to consider local HB’s May 21rd is the last day for House committees to report SB’s and SJR’s May 24th is the last day for the House to consider 2nd reading SB’s and SJR’s May 25th is the last day for the House to consider local and consent SB’s and SJR’s May 25th is the last day for Senate to consider all Bills and JR’s May 27th is the last day for the House to consider Senate Amendments. May 29st is the last day for the House to adopt Conference Committee Reports. May 29st is the last day for Senate to concur in House Amendments or adopt Conference Committee Reports. May 30th only corrections will be allowed in both the House and Senate.

Upcoming Hearings Senate Finance: Monday, May 9 at 9:00 A.M. in E1.036. TAB is tracking: HB 205 (Pickett/Rodriguez) Relating to the imposition by certain municipalities and municipal transit departments of the local sales and use tax in certain federal military installations. HB 252 (Hilderbran/Estes) Relating to eligibility for an exemption from ad valorem taxation of the residence homestead of a person.

Senate Committee on Administration: Monday, May 9 at 9:00 A.M. in E1.714. TAB is tracking: HB 1168 (Miller, Doug/Van de Putte) Relating to smoke alarms and fire extinguishers in residential rental units.

Senate State Affairs: Monday, May 9 at 9:00 A.M. in Senate Chamber. TAB is tracking: HB 360 (Jackson, Jim/Duncan) Relating to ballot language for a proposition to approve the imposition or increase of a tax or the issuance of bonds.

House State Affairs: Monday, May 9 On adj. in JHR 140. TAB is tracking: SB 15 (Fraser) Relating to state energy policy and the planning of energy development and utilization.

Senate Agriculture and Rural Affairs: Monday, May 9 at 1:30 P.M. OR ADJ. in E1.012. TAB is tracking: HB 92 (Cook/Estes) Relating to the regulation of slaughterers by certain counties.

Senate Government Organization: Monday, May 9 at 1:30 P.M. or Adj. in 2E.20. TAB is tracking: HB 1774 (Taylor, Larry/Huffman) Relating to the continuation and functions of the office of injured employee counsel under the workers' compensation program. HB 2605 (Taylor, Larry/Huffman) Relating to the continuation and functions of the division of workers' compensation of the Texas Department of Insurance. SB 1460 (Harris) Relating to energy savings performance contracts.

House Judiciary and Civil Jurisprudence: Monday, May 9 at 2:00 p.m. or adj. in E2.010. TAB is tracking: SB 791 (Duncan) Relating to the delivery of proposed state agency rules to the lieutenant governor, a member of the legislature, or a legislative agency. SB 1216 (Estes) Relating to determination of the validity and enforceability of a contract containing an arbitration agreement.

House Ways and Means: Monday, May 9 at 2:00 P.M. OR ADJ. in E2.014. TAB is tracking: SB 915 (Wentworth) Relating to the ad valorem taxation of manufactured homes. SB 627 (Davis, Wendy) Relating to the participation by certain taxing units in tax increment financing and the payment of tax increments into the tax increment fund for a reinvestment zone. SB 540 (Van de Putte) Relating to a study of the fiscal impact of adjusting the amount of the ad valorem tax exemption to which disabled veterans and the surviving spouses and children of disabled veterans are entitled

Licensing and Administrative Procedures: Tuesday, May 10 at 8:00 A.M. in E2.012. TAB is tracking: SB 1000 (Eltife) Relating to self-directed and semi- independent status of the Texas Real Estate Commission. SB 1244 (Carona) Relating to the eligibility requirements for licenses for certain air conditioning and refrigeration contractors.

House Pensions/Investments/Financial Services: Tuesday, May 10 at 8:00 a.m. in E2.014. TAB is tracking: SB 1319 (Lucio) Relating to home loans that are not federally related mortgage loans.

Senate Business and Commerce: Tuesday, May 10 at 8:00 A.M. in E1.016. TAB is tracking: SB 301 (Wentworth) Relating to filing a complaint against a person licensed to engage in a business, occupation, or profession. SB 1459 (Harris) Relating to prohibiting certain private transfer fees and the preservation of private real property rights. HB 3389 (Workman/Watson) Relating to a seller's disclosure of natural or liquid propane gas on residential real property.

House Human Services: Tuesday, May 10 at 8:30 A.M. in E2.030. TAB is tracking: SB 63 (Zaffirini) Relating to the creation of the individual development account program to provide savings incentives and opportunities for eligible persons to pursue home ownership, postsecondary education, and business development.

House Homeland Security and Public Safety: Tuesday, May 10 at 8:30 A.M. in E2.028. TAB is tracking: SB 9 (Williams) Relating to homeland security.

House Economic and Small Business Development: Tuesday, May 10 at 9:00 a.m. in E1.010. TAB is tracking: SB 1714 (Duncan) Relating to certain actions against an employer by an employee who is not covered by workers' compensation insurance.

Senate Natural Resources: Tuesday, May 10 at 9:00 A.M.in E1.012. TAB is tracking: HB 240 (Parker/Nelson) Relating to requiring the Texas Commission on Environmental Quality to adopt rules preventing accidental or unintentional access to on-site sewage disposal systems. HB 1814 (Lucio III/Lucio) Relating to the provision of water and certain equipment by water supply or sewer service corporations for use in fire suppression and the liability of those corporations. HB 3372 (King, Tracy/Jackson, Mike) Relating to standards for a structure that is connected to a public water supply system and has a rainwater harvesting system.

House Insurance: Tuesday, May 10 at 1:30 P.M. OR ADJ. in E2.026. TAB is tracking: SB 1598 (Carona) Relating to the inspection of portable fire extinguishers.

Senate Transportation and Homeland Security: Wednesday, May 11 at 8:00 A.M. in E1.016. TAB is tracking: HB 423 (Guillen/Williams) Relating to the powers of rural and urban transit districts. HB 630 (Pickett/Nichols) Relating to the authority of the Texas Department of Transportation, counties, and regional tollway authorities to enter into funding agreements to expedite environmental review duties related to certain projects. HB 805 (Callegari/Hegar) Relating to the requirement that certain water service providers ensure emergency operations during an extended power outage. SB 1254 (Carona) Relating to the creation of the offense of employing an individual not lawfully present in the United States.

House Transportation: Wednesday, May 11 at 8:00 A.M. in E2.028. TAB is tracking: SB 548 (Nichols) Relating to the Texas Department of Transportation's environmental review process. SB 802 (Hegar) Relating to allowing the Aransas County Commissioners Court to charge interest on assessments for certain county road improvements.

Senate Intergovernmental Relations: Wednesday, May 11 at 9:30 A.M. in E1.028. TAB is tracking: HB 364 (Turner, Sylvester/Ellis) Relating to condominiums in certain municipalities, including the exercise of eminent domain authority by those municipalities with respect to certain condominiums. HB 975 (Dutton/Gallegos) Relating to eligibility to serve on the appraisal review board of an appraisal district. HB 2869 (Harper-Brown/Shapiro) Relating to the powers and duties of certain master mixed-use property owners' associations.

House Urban Affairs: Wednesday, May 11 at 10:30 A.M. OR ADJ. in E2.016. TAB is tracking: SB 173 (West) Relating to civil remedy of violations of certain municipal health and safety ordinances. SB 759 (West) Relating to the state low income housing plan and report developed by the Texas Department of Housing and Community Affairs. SB 768 (Watson) Relating to the creation of the Rio de Vida Planning and Improvement District No. 1. SB 992 (Lucio) Relating to allocation of loans made under the owner-builder loan program.

Senate Veteran Affairs/Military Installations: Wednesday, May 11 at 1:30 p.m. or adj. in 2E.20. TAB is tracking: HB 1127 (Gutierrez/Van de Putte) Relating to notice of relief available to certain members of the military required to be provided in certain real property documentation. HB 1665 (King, Susan/Fraser) Relating to the notification requirements regarding certain land use regulations in an area near military facilities.

House Energy Resources: Wednesday, May 11 at 2:00 P.M. OR ADJ. in E2.010. TAB is tracking: SB 1434 (Carona) Relating to certain low-income weatherization programs.

2011 STAR AWARDS CALL FOR ENTRIES

The Texas Association of Builders (TAB) is now accepting submissions for the 2011 Star Awards. The highly-coveted Star Awards are given annually to recognize excellence in all areas of the home building industry.

Both members of the Texas Association of Builders and non-members may enter to win one of these prestigious awards that recognize the industry’s best from the Southwest region of the United States: Texas, Arkansas, , New Mexico and .

The Call for Entries this year includes categories for Custom Builders, Volume Builders, Remodelers, Developers, Multifamily Builders, Associate Members and Individual Achievements. Entries can be submitted online at www.TexasBuilders.org.

All home building, remodeling and promotional projects completed between January 1, 2009 and July 8, 2011 may be entered for consideration. The Early Bird entry fee is $100 per entry received by the deadline of 5 p.m. on June 17, 2011. The entry fee for submissions after June 17, 2011 is $125. The final deadline to receive entries is 5 p.m., Friday, July 15, 2011.

Entries will be judged by a distinguished panel of industry experts. Finalists and winners will be showcased during the Sunbelt Builders Show™ October 20 - 22, 2011 at the AustinConvention Center.

82nd Legislature Dates of Interest Monday, May 9, 2011 (119th Day) Last day for House committees to report House Bills and House Joint Resolutions.

Friday, May 13, 2011 (123rd Day) Last day for House to consider consent House Bills on 2nd and 3rd reading and all 3rd reading House Bills/House Joint Resolutions on supplemental calendar.

Saturday, May 21, 2011 (131st Day) Last day for House committees to report Senate Bills and Senate Joint Resolutions.

Wednesday, May 25, 2011 (135th Day) Last day for House to consider local and consent Senate Bills on 2nd and 3rd reading and all 3rd reading Senate Bills/Senate Joint Resolutions on supplemental calendar. Last day for Senate to consider all bills and joint resolutions on 2nd or 3rd reading.

Friday, May 27, 2011 (137th Day) Last day for House to consider Senate amendments (Concur or go to conference committee).

Sunday, May 29, 2011 (139th Day) Last day for House to adopt concurrent resolutions and last day for Senate to concur on House amendments or adopt concurrent resolutions.

Monday, May 30, 2011 (140th Day) Last day of 82nd Regular Session. The Legislature adjourns Sine Die.

Sunday, June 19, 2011 (20th Day Following Final Adjournment) Last day governor can sign or veto bills passed during the regular legislative session.

Monday, August 29, 2011 (91st Day Following Final Adjournment) Date that bills without specific effective dates (that could not become effective immediately) become law.

Helpful Links Texas House of Representatives

Texas Senate

To research bills of interest, visit the Texas Legislature Online.

Thank you to our 2011 Rally Day Partners!

Texas Panhandle Builders Association PAC