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HOUSE RESEARCH ORGANIZATION focus report MAJOR ISSUES OF THE 77th LEGISLATURE REGULAR SESSION July 2, 2001 Number 77-11 HOUSE RESEARCH ORGANIZATION P.O. BOX 2910 • AUSTIN, TEXAS 78768-2910 • (512) 463-0752 • FAX 463-1962 Tom Whatley, Director July 2, 2001 Number 77-11 MAJOR ISSUES OF THE 77TH LEGISLATURE, REGULAR SESSION During its 2001 regular session, the 77th Texas Legislature enacted 1,601 bills and adopted 20 joint resolutions after considering over 5,700 measures filed. This report provides an overview of some of the session’s highlights, summarizing some proposals that were approved and some that were not. Also included is a brief review of the arguments offered for and against each measure as it was debated during the session. The measures featured in this report are a sampling and are not intended to be comprehensive. Other reports already published or being prepared by the House Research Organization examine other legislation approved by the 77th Legislature, including SB 1, the general appropriations act for fiscal 2002-03, the bills vetoed by the governor, and the proposed constitutional amendments on the November 6, 2001, ballot. Steering Committee: Peggy Hamric, Chairman Roberto Gutierrez, Vice Chairman Tom Craddick Mike Krusee Robert Puente Dianne White Delisi Bob Hunter Brian McCall Elliott Naishtat Bob Turner Harold Dutton Carl Isett Jim McReynolds Joe Pickett Steve Wolens 77TH LEGISLATURE, REGULAR SESSION Introduced Enacted* Percent Enacted House bills 3,701 992 26.8 % Senate bills 1,843 609 33.0 % TOTAL bills 5,544 1,601 28.9 % HJRs 114 13 11.4 % SJRs 48 7 14.6 % TOTAL joint 162 20 12.3 % resolutions *Includes 82 vetoed bills — 60 House bills and 22 Senate bills COMPARISON OF 1999 AND 2001 REGULAR SESSIONS 1999 2001 Percent Change Bills filed 5,766 5,544 - 3.9 % Bills enacted 1,622 1,601 - 1.3 % Bills vetoed 31 82 164.5 % JRs filed 142 162 14.1 % JRs adopted 17 20 17.6 % Legislation sent or 1,193 1,494 25.2 % transferred to Calendars Committee Legislation sent to 1,292 1,070 - 17.2 % Local and Consent Calendars Committee Source: Texas Legislative Information System (TLIS) House Research Organization 1 CONTENTS * Finally approved or on November 6, 2001, ballot Page: Agriculture and Wildlife *HB 892 Swinford Allowing wineries to sell and ship wine to ultimate consumers 7 *SB 305 Harris Continuing the Texas Parks and Wildlife Department 9 Criminal Justice HB 236 Hinojosa Prohibiting death penalty for the mentally retarded 13 HB 367 Hinojosa Requiring background checks on firearm sales at gun shows 16 HB 514 Hinojosa Defense to gambling offense on Indian reservations 17 *HB 587 Thompson Enhancing criminal penalties for hate crimes 18 *HB 1118 Goodman Revising juvenile justice system procedures 20 *HB 1649 Gallego Credit for parole time if parole revoked and parole board revisions 21 *HB 2351 Hinojosa Requiring corroboration of testimony by certain undercover agents 23 HJR 56/HJR 59 Placing a moratorium on the death penalty 25 *SB 3 Duncan Procedures for post-conviction testing of DNA evidence 27 *SB 7 Ellis Providing attorneys for indigent criminal defendants 29 SB 85 Lucio Life without parole for capital murder 32 *SB 133 West Prohibiting use of race as a predictor of future criminal behavior 34 *SB 536 Ellis Increasing compensation for wrongful imprisonment 35 *SB 1074 West Prohibiting racial profiling, requiring data collection on traffic stops 37 Economic Development and Finance *HB 7 Chisum Creating the Office of Rural Community Affairs 41 *HB 2102 Eiland Setting benchmark rates for certain lines of insurance 43 *SB 272 Carona Authorizing higher interest rates on small loans 45 *SB 309/HB 3452 Continuing the Texas Department of Economic Development 46 *SB 317 Sibley Continuing the Office of Consumer Credit Commissioner 48 SB 431 Carona Specialty insurance license for residential landlords 50 SB 1837 Shapleigh Creating a Texas Border Strategic Investment Commission 51 House Research Organization 2 Elections HB 2 Gallego Revising campaign reporting requirements 53 Environment and Land Management *HB 2134 Chisum Vehicle emissions testing requirements 57 *HB 2912 Bosse Continuing the Texas Natural Resource Conservation Commission 59 *HJR 81 Counts Additional $2 billion bond authorization for water projects 62 *SB 2 Brown Developing and managing water resources 63 *SB 5 Brown Creating the Texas Emissions Reduction Plan 65 *SB 310 Harris Continuing the Railroad Commission of Texas 68 SB 517 Lucio Expanding border counties’ land-use authority to prevent colonias 70 SB 1541 Duncan Managing low-level radioactive waste 71 Families and Children *SB 399 Duncan Prohibiting minor passengers in open beds of trucks and trailers 73 SB 488 Harris Barring recognition of same-sex marriages 74 Government Affairs *HB 1922 McCall State-collected information restrictions and privacy task force 77 *HB 2600 Brimer Revising the workers’ compensation insurance system 78 *SB 292 Armbrister Revising ERS health and retirement benefits 81 *SB 311 Zaffirini Replacing the General Services Commission 82 *SB 322 Lucio Continuing the Department of Housing and Community Affairs 84 *SB 1458 Duncan Coordinating electronic government initiatives 86 Health and Human Services *HB 102 Maxey Exempting some food stamp recipients from fingerprint imaging 89 *HB 915 Gray Creating a state bulk purchasing program for pharmaceuticals 91 *HB 1005 Naishtat Creating a state program for needy two-parent families 93 *HB 1094 Gray State prescription drug program for Medicare beneficiaries 96 *HB 3507 Maxey Revising regulation of dental services 98 *SB 11 Nelson Protecting the privacy of medical records 100 *SB 43 Zaffirini Simplifying Medicaid enrollment for children 102 House Research Organization 3 *SB 367 Zaffirini Requiring appropriate care settings for people with disabilities 105 *SB 527 Moncrief Revising regulation of assisted living facilities 108 *SB 535 Carona Continuing the Texas Department of Aging 110 *SB 789 Moncrief Regulation and reimbursement of telemedicine services 112 SB 1156 Zaffirini Revising the state Medicaid program 114 *SB 1839 Moncrief Long-Term Care Facility Improvement Act 116 Higher Education *HB 1839 Junell Creating higher education excellence and research funds 120 *HB 2531 Junell Increasing higher education tuition rates 122 *SB 555 Ellis Creating a state-sponsored higher education savings plan 124 *SB 1596 Bivins Expanding the TEXAS Grants program 126 Judiciary SJR 3 Duncan Revising judicial selection of appellate judges 129 Public Education *HB 6 Dunnam Revising regulation of charter schools 131 HB 1143 Grusendorf Teacher mentoring, certification, and service bonuses 134 *HB 1144 Grusendorf Public school accountability and mathematics initiatives 136 *HB 3343 Sadler State-funded health insurance for public school employees 138 HB 3631 S. Turner Delaying the end of social promotion 141 *SB 108 Lucio Prohibiting mid-August or earlier school start dates 143 *SB 273 Armbrister Revisions to the Teacher Retirement System 145 SB 512 Duncan Management of the Permanent School Fund 147 *SB 1196 Truan Prohibiting use of seclusion in public schools 149 Redistricting HB 150/SB 499 Redistricting the House of Representatives and the Senate 152 SJR 35/HJR 95 Legislative redistricting in special session 153 House Research Organization 4 Taxation and Revenue *HB 1200 Brimer School property tax incentives for new industrial investments 155 HB 3106/ HJR 46/HJR 88 Raising motor-fuel tax rates and reallocating gasoline revenues 158 HB 3382/HB 3650/ SB 1688 Changing the method of taxing smokeless tobacco products 159 *SB 248 Carona Exempting personal-use leased vehicles from ad valorem taxation 160 SB 344 Bivins Sliding-scale adjustment of severance tax rates 162 *SB 1689 Ellis Treatment of business loss carryforward for franchise tax purposes 163 *SJR 6 Duncan Exempting goods in transit from property taxes 164 Transportation and Motor Vehicles *HB 5 Dunnam Prohibiting open containers of alcohol in vehicles 167 *HB 63 Wolens Extending license suspension for drunk drivers refusing breath test 169 *HB 299 Gallego Raising the daytime speed limit to 75 mph on rural highways 171 HB 1115 Driver Authorizing cities to implement photographic traffic systems 173 *SJR 16/ *SB 4 Shapiro Creating the Texas Mobility Fund to finance highway projects 174 SJR 10/SB 241/ SJR 7/SB 190 Authorizing grant anticipation revenue vehicles (GARVEE bonds) 176 *SJR 16/ *SB 342 Shapiro Authorizing state funding of toll roads 178 *SB 577 Bivins Establishing graduated driver’s licensing 180 Utilities *HB 472 Solomons Regulating telemarketing solicitation 182 *HB 1692 Chisum Delaying electric deregulation in the Texas Panhandle 184 HB 2107 S. Turner Returning “negative stranded costs” to electric ratepayers 186 SB 1783 Sibley Statewide broadband Internet access 187 Index by Bill Number 189 House Research Organization 5 Agriculture and Wildlife Page: *HB 892 Swinford Allowing wineries to sell and ship wine to ultimate consumers 7 *SB 305 Harris Continuing the Texas Parks and Wildlife Department 9 Allowing wineries to sell and ship wine to ultimate consumers HB 892 by Swinford, et al. Effective September 1, 2001 HB 892 establishes the Texas Wine Marketing Assistance Program to help the Texas wine industry promote and market its products and educate the public about the industry. Among other activities, the program will organize a network of package stores to participate in a program under which Texas wineries may ship wine to ultimate consumers. An advisory committee will help the agriculture commissioner implement the program. HB 892 allows holders of winery permits to ship wine to participating package stores for pickup by the ultimate consumer. The package store may charge a handling fee of up to $3.50 for each order picked up and may make arrangements to ship the wine directly to the purchaser. A person who buys wine at a winery may have the wine shipped to his or her residence if the buyer is at least 21 years old, but the buyer must be present when the wine is delivered.