May 18, 2009 Volume 14 81st Legislature

INSIDE THIS ISSUE • Esther's Follies Event - Friday, June 26 • 81st Legislative Session Update • Bills of Interest

• Important Upcoming Hearings • The 2009 Star Awards Call for Entries is Open! • HOMEPAC

Esther's Follies Event - Friday, June 26

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81st Legislative Session Update

GOVERNOR – Last Monday, Governor announced a $6 million Enterprise Fund grant to Medtronic Inc. to open a new facility for its diabetes business unit in , creating nearly 1,400 new jobs and generating more than $23 million in capital investment. Governor Perry Said, “By expanding their diabetes division in San Antonio, I believe that Medtronic is sending a clear message that the core strength of Texas’ economy, built on our low taxes, fair legal system and predictable regulatory climate, make the Lone Star State the best place to live, work and raise a family. These factors, combined with our quality workforce and a $6 million investment from the Texas Enterprise Fund, make it possible for us to make today’s announcement about more jobs for Texas.”

On Thursday, Governor Perry signed HB 670, which provides a qualified privilege for journalists who receive a subpoena to prevent them from having to testify or produce documents gathered while acting as a journalist. It also allows journalists to protect their sources in certain cases. Exceptions to the bill include instances when the requestors have proven that they have exhausted all reasonable efforts to get the information elsewhere, the subpoena does not ask for more than is necessary, and the interest in obtaining the information outweighs the public’s interest in protecting journalists. Journalists are also required to identify a confidential source in a criminal case if the source was observed by the journalist committing a felony, confessed to the journalist that he or she committed a felony, or if there is probable cause to believe that the confidential source committed a felony. The governor said, “This was a complex issue that required thoughtful consideration, and I am pleased that lawmakers were able to strike a balance between protecting the rights of the people and the press.”

SENATE – The Senate was in session Monday through Friday of this week. On Monday, the Senate gave preliminary approval to SB 541 by Senator Kirk Watson (D-Austin) which would increase the amount of wind generated energy in Texas over the next decade and would encourage the development of other forms of renewable energy, like solar, geothermal and biomass generation. Senator Watson said, “Texas has the sun, the wind, the people and the demand. This is where the renewable energy industry wants to be if there is a long-term commitment.” It would increase the goal of tier 1 renewable energy capacity by 5,000 megawatts by 2015, and 10,000 megawatts by 2025. Also on Monday, the Senate passed SJR 42 by Senator Robert Duncan (R-Lubbock) which is a constitutional amendment that would prevent the taking of private land for the purposes of economic development or for enhancement of tax revenue.

On Tuesday, the Senate passed SB 1984 by Senator Carlos Uresti (D-San Antonio) which would allow physician assistants to certify a patient as eligible for a handicapped parking placard; HB 1622 by Representative Helen Giddings (D-), sponsored in the Senate by Senator Judith Zaffirini (D- Laredo), which would increase access to healthy food for children at risk of hunger or obesity; and HB 1510 by Representative Dennis Bonnen (R-Angleton), sponsored in the Senate by Senator Mike Jackson (R-La Porte) which seeks to educate new parents about the risks of sudden infant death syndrome.

On Wednesday, the Senate passed HB 3 by Representative Rob Eissler (R-The Woodlands), sponsored in the Senate by Senator Florence Shapiro (R-Plano), which is the public education accountability bill. The Senate had already passed the companion bill, SB 3, so when HB 3 came before the Senate Education Committee, they substituted the Senate-passed version of SB 3 and reported it out. In Senate floor debate, an amendment was added to require high school students to take at least one credit of fine arts instruction and one credit of physical education. Students would still have six elective hours available. Senator Shapiro said, “I do believe that this amendment will go a very long way toward preparing our students for college, and the workforce, and a healthy life.” Other bills passed by the Senate on Wednesday include: HB 205 by Representative Jimmie Don Aycock (R-Killeen), sponsored in the Senate by Senator Craig Estes (R-Wichita Falls) would exempt farm guard dogs from leash laws; and SB 763 by Senator Kirk Watson (D-Austin) which would increase the percentage of low emission vehicles in state fleets from 10 to 25 percent.

On Thursday, the Senate passed SB 1028 by Senator Kirk Watson (D-Austin) which would require all passengers on Texas roads to wear a seatbelt if the seat is equipped with one. Current law mandates seatbelts in the front seat for adults and in the backseat for passengers under 15. Senator Watson said, “This is about safety, it’s about making sure that people don’t end up dying or in the hospital.” In laying out his bill, Senator Watson said, “According to the Texas Department of Transportation, in 2006 there were nearly 400 traffic fatalities that could have been prevented by wearing a seatbelt, and passengers not wearing seatbelts are twice as likely to be hospitalized after a crash.” The Senate also passed SB 2573 by Senator Steve Ogden (R-Bryan) which would require all state agencies involved in biomedical research to submit a report detailing any research involving stem cells or human cloning. Senator Ogden said, “All of us, regardless of where you stand on the merits of this issue, I think, will benefit if we have more information.” Also on Thursday, the Senate rejected Governor Rick Perry’s appointment of Shanda Perkins of Burleson to the Board of Pardons and Paroles on a bi-partisan vote of 27 to 4.

On Friday, the Senate passed: HB 1672 by Representative Myra Crownover (R-Lake Dallas) and Senator Bob Deuell (R-Greenville) which would require the Texas Department of Health to include screening for the sickle-cell trait in the newborn screening program; and HB 4314 by Representative (D-Alpine) and Senator Eliot Shapleigh (D-El Paso) which would authorize the Court of Criminal Appeals to adopt rules providing for the electronic filing of documents in capital cases.

Total number of bills reported out of Senate Committees this week: 258 Total number of bills passed by the Senate this week: 168 Total number of bills passed on the Local and Uncontested Calendar: 52

HOUSE – The House was in session Monday through Friday last week. The House worked late every night debating House bills in order to pass as many bills as possible before the Thursday midnight deadline for the House to pass House bills (other than local or consent bills) on second reading. By the Thursday deadline, the House considered all the bills on their major state calendar but had only taken up 41 bills on the general state calendar leaving 217 bills to die on the calendar. An additional 329 House bills died in the House Calendars Committee; 47 more House bills died in the Local and Consent Calendars Committee; and another 13 House bills died because they were either withdrawn or knocked off of the Local and Consent calendar.

The House abruptly adjourned around 10:30 p.m. Tuesday night because Representative Edmund Kuempel (R-Seguin) was found collapsed in the capitol. He was resuscitated by his colleague, Representative (R-Katy), who is a physician. He remains in intensive care, but his condition continued to improve throughout the week and he is slowly coming out of a medically- induced coma. Representative reported on Saturday that he is now breathing on his own and his family is encouraged with his progress. Many prayers were offered up for Representative Kuempel and his family this week from the House floor (and otherwise).

On Monday, the House gave final approval to HB 300 by Representative Carl Isett (R-Lubbock), the Texas Department of Transportation sunset bill, by a vote of 138 to 6 after adding 18 third reading amendments to the committee substitute and 67 amendments that were adopted on second reading. And, they gave final approval to SB 61 by Senator Judith Zaffirini (D-Laredo) and Representative Allen Vaught (D-Dallas) which would require children under age 8 riding in passenger vehicles to sit secured in a booster seat or child safety seat unless he or she is 4 feet 9 inches tall. Current law requires children under age 5 and shorter than 36 inches to ride in child safety seats. Also on Monday, the House gave preliminary approval to HB 3646 by Representative Scott Hochberg (D-) which simplifies the public school finance system and increases funding for most school districts by flowing an additional $1.9 billion into the system. It also provides an across-the-board teacher pay raise of at least $800 per year. Representative Hochberg said, “This bill is a step in the right direction. Our school districts have an important job and we worked hard to give the schools more aid.” It received final approval on Tuesday by a vote of 144 to 2.

On Tuesday, the House gave preliminary approval to HB 1801 by Representatives Dwayne Bohac (R- Houston) and (D-San Antonio) which would add school supplies to the annual sales tax holiday which is the third weekend in August (this year it will be August 21-23). Currently, only clothing up to $100 per item is exempt during the Back-to-School sales tax holiday. Representative Bohac said, “Texas families work hard to provide their children with the best possible education. This legislation will help ensure that all Texas children are prepared to succeed.” Representative Martinez Fischer said, “We have been working since 2005 to make school supplies more affordable for Texas families, and I am pleased that through a bi-partisan effort we are about to make that a reality.” Also on Tuesday, the House gave preliminary approval to HB 2154 by Representative Al Edwards (D-Houston) which would increase the fee surcharge on initial and renewal registration permits for physicians from $400 to $425 to fund the Texas Physician Education Loan Repayment Program. After lengthy debate and parliamentary maneuvering that lasted longer than an hour and a half, the House approved an amendment changing the way smokeless tobacco is taxed. Currently, smokeless tobacco is taxed by price. Under the amendment, it would be taxed by weight. The additional revenue would fund repayment of education loans for doctors who agree to work in underserved areas.

On Wednesday, the House gave preliminary approval to HB 2730 by Representative Lois Kolkhorst (R- Brenham), the sunset bill for Texas Department of Public Safety and the Texas Private Security Board. It was approved after 46 amendments were added. Representative Kolkhorst said, “DPS needs internal and external direction. I believe that HB 2730 is the beginning of that.” The House also gave preliminary approval to HB 1657 by Representative Helen Giddings (D-Dallas) which would overturn the Texas Supreme Court’s 2007 ruling in Entergy Gulf States Inc. v. John Summers concerning a contract worker injured in a 2001 accident at an Entergy plant in Bridge City. It would clarify that owners are not general contractors for workers’ compensation purposes. It narrowly received final passage on Thursday by a verified vote of 73 to 71.

On Thursday, the House took up HB 3245 by Representative Burt Solomons (R-Carrollton) which would have added various consumer protection provisions to statutes relating to electric service including guidelines for electric service disconnection in summer months, deferred payment options to prevent disconnection, a retail market monitor to detect and prevent market manipulations, mitigation options for market abuse, provisions regarding the cost for nodal implementation and the publication of natural gas and electric prices. But before debate could begin, it was killed by a point-of-order. As the deadline for passing House bills was looming, the House spent over an hour debating HB 836 by Representative Sid Miller (R-Stephenville), which would allow the hunting of feral hogs from helicopters. During the debate, several House members waved round stickers that said, “Support Pork Choppers.” Representative Miller said that the bill would allow landowners to lease their property to hunters using helicopters to thin the estimated two million feral hogs causing havoc in virtually every county. He said, “The problem continues to grow and it is out of hand.” After the midnight deadline for the House to pass House bills, a recording of “Taps” was played from the back microphone and several lawmakers marked the passing with an impromptu “memorial service” for the House bills that died at the stroke of midnight.

On Friday, the House gave final approval to HB 2962 by Representative (D-Houston) which would increase the income eligibility level for the Children’s Health Insurance Program to 300% of the federal poverty level and would allow a buy-in program for children whose net family income is between 300% and 400% of the federal poverty level. They also finally passed HB 2511 by Representative Todd Smith (R-Euless) which would provide that a political party accepting a contribution from a corporation or labor union could use the contribution only for its own administrative expenses or to administer a primary election or convention held by the party. Prohibited expenses would include issue advocacy or electioneering communications; political consulting to support or oppose a candidate; telephoning to communicate with the public; brochures and direct mail to persons, other than to a restricted class; political fund-raising; voter identification; polling; and recruiting candidates.

Total number of bills reported out of House Committees this week: 397 Total number of bills passed by the House this week: 460 Total number of bills passed on the Local and Consent Calendar: 283

BUDGET: Passed the House: HB 464 by Ken Paxton (R-McKinney) would require the Legislative Budget Board to prepare a dynamic fiscal impact statement based on dynamic scoring principles for each bill or joint resolution that raises or lowers the rate of a tax or fee and for which a fiscal note is prepared indicating a positive or negative impact on revenue of at least $100 million of up to five years. It passed the House unanimously. HB 2942 by Jim Dunnam (D-Waco) would be the Texas Government Accountability and Transparency Act of 2009. The committee substitute and seven floor amendments were adopted and it passed the House unanimously. HB 4583 by (R-Waxahachie) would un-dedicate all dedicated funds and accounts on August 31, 2009 in order to sweep the unexpended balances into the general revenue fund and then re-dedicates the dedicated funds. The committee substitute and three floor amendments were adopted and it passed the House by a vote of 140 to 1. HJR 37 by Richard Raymond (D-Laredo) proposes a constitutional amendment requiring all money received by the State from the operation of the lottery (excluding amounts paid for lottery prizes and administrative costs) to be dedicated to primary and secondary public school expenditures directly related to classroom teaching. The committee substitute and one floor amendment were adopted and it passed the House unanimously.

Passed the Senate: HB 2567 by Robert Duncan (R-Lubbock) would create the Federal American Recovery and Reinvestment fund for funds state agencies receive under the American Recovery and Reinvestment Act of 2009 to ensure accountability of the funds. Four floor amendments were adopted and it passed the Senate unanimously.

ECONOMIC DEVELOPMENT – On Wednesday, the House Technology, Economic Development, and Workforce Committee took up: SB 783 by Florence Shapiro (R-Plano) would make technical changes to the Texas Emerging Technology Fund. It was reported out favorably.

On Thursday, the House Technology, Economic Development and Workforce Committee took up: SB 1600 by Kirk Watson (D-Austin) would require the Texas Higher Education Coordinating Board to collect data and maintain a database on specialized technology research projects that are developed or conducted at institutions of higher education. It was reported out favorably as substituted.

ENVIRONMENT – On Tuesday, the House Natural Resources Committee took up: SB 1406 by Eliot Shapleigh (D-El Paso) would require effects of climate variability to be considered as part of the state and regional water plans by January 5, 2012. It was left pending. SB 2314 by Kip Averitt (R-Waco) would require the Water Development Board to administer the State Water Pollution Control Revolving Fund and the Safe Drinking Water State Revolving Fund. It was reported favorably as substituted and recommended for the Local and Consent calendar. SB 2315 by Kip Averitt (R-Waco) would require retail public utilities providing potable water to perform water loss audits every five years or annually if the utility is receiving any financial assistance from the Water Development Board. It was reported favorably. SB 2319 by Kip Averitt (R-Waco) would require groundwater conservation districts to be composed of territory within two or more contiguous counties unless the Texas Commission on Environmental Quality determines that a district composed of territory within noncontiguous counties will result in more effective or efficient groundwater management than other legal options. It was reported favorably.

On Thursday, the Senate Natural Resources Committee took up: HB 469 by Phil King (R-Weatherford) would authorize the governor to contract for the state with an organization to implement a clean energy project. It was left pending.

Also on Thursday, the House Natural Resources Committee took up: SB 2313 by Kip Averitt (R-Waco) would establish the water plan projects fund. It was voted out favorably.

ENERGY/ELECTRIC UTILITY HB 432 by Eddie Lucio, III (D-San Benito) would require 20% (rather than 10%) of new state vehicles be low emission vehicles. It was left pending. HB 1467 by Warren Chisum (R-Pampa) would require state agencies that operate a fleet of more than 15 motor vehicles to have 50% use (rather than be capable of using) alternative fuels by September 30, 2010. It was left pending.

On Friday, the House Energy Resources Committee took up: SB 545 by Troy Fraser (R-Horseshoe Bay) would require the Public Utility Commission to establish a distributed solar generation incentive program to be implemented by electric utilities. It was left pending.

Committee Reports: HB 2318 by David Swinford (R-Amarillo) would add renewable methane to the Fuel Ethanol and Biodiesel Production Incentive Program. It was reported favorably from the Senate Natural Resources Committee and recommended for the Local and Uncontested calendar. HB 2667 by Allan Ritter (D-Nederland) would require manufacturers of water use devices to begin selling products that use less water phased in between 2010 and 2014. It was reported favorably from the Senate Natural Resources Committee and recommended for the Local and Uncontested calendar. SB 546 by Troy Fraser (R-Horseshoe Bay) would set the state’s goal for energy efficiency. It was reported favorably as substituted from the House Energy Resources Committee. SB 921 by Troy Fraser (R-Horseshoe Bay) would add new requirements on electric co-ops. It was reported favorably as substituted from the House State Affairs Committee.

GENERAL BUSINESS: Committee Reports: SB 544 by Rodney Ellis (D-Houston) would institute a statewide smoking ban in all workplaces, public places, and seating areas at an outdoor event. It was reported favorably as substituted from the Senate Health and Human Services Committee.

Passed the House: HB 2014 by (D-Houston) would prohibit postsecondary educational institutions from disclosing to a credit card issuer contact information regarding any student of the institution. The committee substitute was adopted and it passed the House unanimously. HB 2128 by Helen Giddings (D-DeSoto) would allow the attorney general or appropriate prosecuting attorney to investigate violations of failure to obtain the identity of people attempting to recycle plastic bulk merchandising containers. It passed the House by a vote of 127 to 12.

Passed the Senate: HB 523 by Helen Giddings (D-Dallas) would prohibit the printing of an individual’s driver’s license number on a sales receipt or document that evidences payment for a good or service that is provided to the individual. It passed the Senate on Thursday’s Local and Uncontested calendar. HB 2249 by Todd Hunter (R-Corpus Christi) would regulate staff leasing companies. It passed the Senate on Thursday’s Local and Uncontested calendar.

HUMAN RESOURCES/EMPLOYMENT - On Wednesday, the House Defense and Veterans’ Affairs Committee took up: SB 1498 by (D-San Antonio) would give employment preferences to veterans for employment with state agencies, universities, and local governmental entities. It was voted out favorably as substituted.

Passed the Senate: HB 415 by Carl Isett (R-Lubbock) would increase the definition of “small employer” from an employer with fewer than 50 to an employer with fewer than 100 full-time employees to meet the threshold for licensure as a child care facility. It passed the Senate unanimously. HB 762 by Brandon Creighton (R-Conroe) would authorize wage claims to be filed via fax. It passed the Senate on Tuesday’s Local and Uncontested calendar.

INSURANCE – On Wednesday, the House Defense and Veterans’ Affairs Committee took up: SB 1890 by Mario Gallegos (D-Houston) would authorize the Commissioner of Insurance to issue an order to suspend enforcement of the regulation of on-premises outdoor signs by municipalities during the period of a declared disaster. It was voted out favorably.

Passed the House: HB 4519 by Mark Homer (D-Paris) would increase standards for Independent Review Organizations. The committee substitute was adopted and it passed the House on Friday’s Local and Consent calendar.

Passed the Senate: SB 2136 by (R-Tyler) would authorize the Commissioner of Insurance to place types and lines of insurance coverage on a “export list” and would authorize agents to offer admitted and non- admitted coverage options for the lines of insurance on the list. The committee substitute was adopted and it passed the Senate on Thursday’s Local and Uncontested calendar.

PROPERTY – On Monday, the House Judiciary and Civil Jurisprudence Committee took up: SB 1153 by Juan “Chuy” Hinojosa (D-Mission) would provide that a landowner would not be liable for property damages arising from an incident or accident caused by livestock of the landowner due to an act or omission of a peace officer or a firefighter acting within the scope of his/her authority with or without the permission of the landowner. It was left pending.

On Thursday, the Senate Intergovernmental Relations Committee took up: HB 2665 by Allan Ritter (D-Nederland) would authorize county commissioners to adopt standards and specifications for the design and installation of address number signs to identify properties located in unincorporated areas of the county. It was voted out favorably.

Also on Thursday, the Senate Business and Commerce Committee took up: HB 3502 by Joe Pickett (D-El Paso) would delete the requirement that seller’s disclosure notices must acknowledge that the property complies with smoke detector requirements. It was voted out favorably as substituted.

Passed the House: HB 489 by Joe Pickett (D-El Paso) would allow a county or municipality to remove graffiti from private property at the owner's expense. One floor amendment was adopted and it passed the House by a vote of 92 to 48. HB 3065 by Dwayne Bohac (R-Houston) would allow a municipality to require registration of a vacant building. The committee substitute and one floor amendment were adopted and it passed the House on Friday’s Local and Consent calendar. HB 3682 by Debbie Riddle (R-Houston) would allow the Harris County commissioners court to regulate uninhabitable, unsafe, or abandoned structures. The committee substitute was adopted and it passed the House on Friday’s Local and Consent calendar. HB 4542 by Richard Raymond (D-Laredo) would authorize counties of more than 193,000 (rather than 1.3 million) to exercise urban renewal powers in the unincorporated areas of the county. The committee substitute was adopted and it passed the House on Tuesday’s Local and Consent calendar. HJR 14 by Frank Corte (R-San Antonio) proposes a constitutional amendment to require the state or a political subdivision of the state that takes, damages, or destroys property to prove by clear and convincing evidence that the contemplated use of the property is public and necessary at the time an attempt is made to take, damage, or destroy the property, and the “contemplated use” would be a judicial question. The committee substitute and three floor amendments were adopted and it passed the House unanimously. HJR 132 by Frank Corte (R-San Antonio) proposes a constitutional amendment to allow the legislature to authorize a municipality or county to issue bonds or notes to finance the acquisition of buffer areas or open spaces adjacent to a military installation. The committee substitute and three floor amendments were adopted and it passed the House unanimously. SB 820 by Robert Duncan (R-Lubbock) would authorize the governing body of a municipality to establish a Model Codes Advisory Board to review and recommend the adoption of and an amendment and/or addition to national model codes to govern the construction, renovation, use, or maintenance of buildings and building systems in the municipality. It passed the House on Tuesday’s Local and Consent calendar.

Passed the Senate: HB 1203 by Gary Elkins (R-Houston) would require property owners that designate a person to act as the agent of a property owner in a property tax matter to make the authorization on a form prescribed by the comptroller. It passed the Senate unanimously. SB 2253 by Judith Zaffirini (D-Laredo) would clarify the grandfathering provisions regarding the sale of colonia property and would allow utility connections to be made without a re-platting of land. The committee substitute was adopted and it passed the Senate on Thursday’s Local and Uncontested calendar. SJR 42 by Robert Duncan (R-Lubbock) proposes a constitutional amendment to prohibit eminent domain for the acquisition of property for the primary purpose of economic development. The committee substitute and one floor amendment were adopted and it passed the Senate unanimously.

TAXATION – On Monday, the House Ways and Means Committee took up: SB 252 by Craig Estes (R-Wichita Falls) would authorize municipalities with a population of less than 10,000 to enter into an agreement with an owner of real property in or adjacent to an area in the municipality that has been approved for funding under a revitalization or redevelopment program to prohibit ad valorem tax increases on the owner’s property for a limited period. It was voted out favorably. SB 636 by Kel Seliger (R-Amarillo) would authorize the comptroller to provide a county with information relating to sales taxes paid by a person doing business in the county who annually remits sales tax payments of more than $25,000 upon request of the county. It was voted out favorably. SB 947 by Robert Duncan (R-Lubbock) would define goods-in-transit as tangible personal property that is stored under a contract of bailment by a public warehouse operator at one or more public warehouse facilities in this state that are not in any way owned or controlled by the owner of the personal property. It was voted out favorably.

Also on Monday, the Senate Finance Committee took up: HB 2591 by (D-Houston) would regulate property tax consultants. It was reported favorably as substituted. SB 1315 by Jeff Wentworth (R-San Antonio) would provide that for franchise tax purposes, an entity receiving more than 50% of its total revenue from Internet hosting meaning receipts from Internet hosting are receipts from business done in this state if the place from which the entity’s customer’s trade or business is directed or managed in Texas. It was left pending.

And on Monday, the Senate Government Organization Committee took up: HB 2447 by (R-Canton) would abolish the Board of Tax Professional Examiners and transfer its functions to the Texas Board of Licensing and Regulation. It was reported favorably as substituted and recommended for the Local and Uncontested calendar.

On Wednesday, the House Ways and Means Committee took up: SB 1024 by Steve Ogden (R-Bryan) would change the due dates for split payment of ad valorem taxes from December 1st to December 31st and the second payment would remain July 1. It was left pending. SB 1202 by Bob Deuell (R-Greenville) would clarify that a sale is consummated at the place of business of a retailer where the retailer first accepts payment in person by the purchaser of the taxable item. It was voted out favorably. SB 1311 by Robert Duncan (R-Lubbock) would authorize the commissioners court of a county to enter into a tax abatement agreement with a lessee of taxable real property located in a reinvestment zone to exempt from ad valorem taxes all or a portion of the value of fixtures, improvement, or other real property used for renewable energy electric generation. It was left pending.

Also on Wednesday, the Senate Intergovernmental Relations Committee took up: HB 3612 by John Otto (R-Dayton) would require the State Office of Administrative Hearings to develop a three-year pilot program in Bexar, Dallas, El Paso, Harris, Tarrant and Travis counties for property owners to appeal an appraisal review board order to SOAH. It was left pending.

On Thursday, the Senate Intergovernmental Relations Committee took up: HB 1030 by Bill Callegari (R-Houston) would allow the chairman of an appraisal review board (rather than the board) to grant a property owner’s request for postponement of a hearing if the hearing for which the postponement is requested is scheduled to occur before the next regular meeting of the board. It was voted out favorably as substituted.

Also on Thursday, the Senate Finance Committee took up: HB 422 by (D-Rio Grande City) would require the comptroller to include information on applications for tax permits or licenses issued by the comptroller stating, “You may be required to obtain an additional permit or license from the State of Texas or from a local governmental entity to conduct business” and referring them to a link on the TexasOnline portal with permit and registration information. It was voted out favorably as substituted. HB 1257 by Ken Legler (R-Pasadena) would authorize installment payments of ad valorem taxes on property owned by a business located in a disaster area if the business had less than $5 million in gross receipts. It was reported favorably and recommended for the Local and Uncontested calendar.

WORKERS’ COMPENSATION: Committee Reports: HB 1058 by Burt Solomons (R-Carrollton) would only allow death benefits under the workers’ compensation system to be paid to eligible parents who file a claim for benefits unless good cause exists for the failure to file a claim. It was reported favorably from the Senate State Affairs Committee and recommended for the Local and Uncontested calendar. SB 394 by Eddie Lucio, Jr. (D-Brownsville) would allow a claimant to request a court-appointed attorney to represent the claimant in a trial initiated by an insurance carrier if the court determines that the claimant made a good faith effort to obtain representation. It was reported favorably from the House Business and Industry Committee.

Passed the House: HB 1657 by Helen Giddings (D-DeSoto) would clarify that owners are not general contractors for workers’ compensation purposes. One floor amendment was adopted and it passed the House by a vote of 73 to 71.

SLOWDOWN RULES – Some of the slow down rules which establish deadlines for the House and Senate to consider bills kicked in this week. The House can no longer consider House bills other than local bills. Additional rules are coming up next week: May 11th is the last day for House committees to report HB’s and HJR’s May 14th is the last day for the House to consider 2nd reading HB’s and HJR’s May 15th is the last day for the House to consider consent HB’s and HJR’s May 22nd is the last day for the House to consider local HB’s May 23rd is the last day for House committees to report SB’s and SJR’s May 26th is the last day for the House to consider 2nd reading SB’s and SJR’s May 27th is the last day for the House to consider local and consent SB’s and SJR’s May 27th is the last day for Senate to consider all Bills and JR’s May 29th is the last day for the House to consider Senate Amendments. May 31st is the last day for the House to adopt Conference Committee Reports. May 31st is the last day for Senate to concur in House Amendments or adopt Conference Committee Reports. June 1st only corrections will be allowed in both the House and Senate.

To look up any bill, visit the Online.

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Bills of Interest

HB 8 (John Otto, R-Dayton) Relating to certain studies and reviews of appraisal districts conducted by the comptroller of public accounts. This bill allows the comptroller review appraisal districts at least once every two years. The comptroller also will conduct a study will have an advisory committee comprised of members of the legislature, representatives of appraisal districts, taxpayers of the state and representatives of school districts.

HB 25 (David Leibowitz, D- San Antonio) Relating to the regulation of solar energy devices by a property owner’s association. This bill amends Chapter 202, Property Code by adding Section 202.008 to not allow a property owner’s association to include or enforce a provision that may restrict a property owner from installing a solar energy device.

HB 3215 (Joe Farias, D- San Antonio) Relating to the establishment of a down payment assistance program for certain professional educators by the Texas State Affordable Housing Corporation. Creates a down payment assistance program for teachers at the Texas State Affordable Housing Corporation.

HB 3253 (Robert Miklos, D-Mesquite) Relating to the acquisition, construction, or improvement of a rainwater harvesting system in a public improvement district established by a county or municipality. This bill allows PID projects to include rainwater harvesting.

HB 3613 (John Otto, R-Dayton) Relating to the determination of the market value of a residence homestead for ad valorem tax purposes on the basis of the property's value as a residence homestead. This bill states that the market value of a residence homestead should be only be determined by the property’s value, not the highest and best use.

SB 293 (, R-Dallas) Relating to the pledge of certain revenue of a regional transportation authority to the payment of bonds. This bill amends the Transportation Code with regard to how a transportation authority secures bonds with pledged taxes and revenues.

SB 361 (Dan Patrick, R-Houston) Relating to the requirement that water and sewer service providers ensure operations during an extended power outage. Amends Sec. 13.139 of the Water Code to require utilities (retail public utilities, exempt utilities, or providers of wholesale sewer or potable water service) to ensure the operation of their water and sewer systems during an extended power outage, as well as adopt an emergency preparedness plan that demonstrates the entity's ability to continue to provide water and sewer services during an extended power outage.

SB 545 (Troy Fraser, R-Horseshoe Bay) Relating to the creation of a distributed solar generation incentive program. This bill creates a distributed solar generation incentive program for residential and commercial customers to increase the amount of solar generation in a cost-effective market-neutral manner. The bill calls for the commission to adopt rules for the provision of a solar generation cost recovery factor which may not exceed 10 cents per month for residential customers, $1 per month for commercial customers, or $10 per month for industrial customers. The bill also states that incentives provided by utility companies can be adjusted or eliminated to the extent that he cost of energy from solar generation become competitive with the cost of grid-supplied energy.

SB 820 (Robert Duncan, R- Lubbock)/HB 554 (, D-San Antonio) Relating to the adoption and amendment of model building codes by municipalities. This bill provides that a municipality may establish “Model Codes Advisory Board” to review and recommend the adoption of and amendment to national model codes. The Advisory Board membership is defined and includes, among others, home builder, architect, engineer, HVAC contractor, electrician and master plumber. If a municipality chooses not to create the Advisory Board they must allow a person to register with the city and receive notifications when code issues will be discussed at least thirty days in advance. The bill also includes language that requires cities to wait thirty days before implementing any new code or code amendment.

SB 1609 (Glenn Hegar, R-Katy) Relating to the control of access to state highways by the Texas Department of Transportation. This bill established new rules and procedures for when a TXDOT district engineer can deny access and how appeals are handled.

To look up any bill, visit the Texas Legislature Online.

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Important Upcoming Hearings

Senate Transportation and Homeland Security: Monday, May 18 at 8:00 a.m. in room E1.016. TAB is tracking: HB 300 (Carl H. Isett, R-Lubbock) Relating to the continuation and functions of the Texas Department of Transportation, including the transfer of certain functions to the Texas Department of Motor Vehicles. HB 3070 (Burt Solomons, R-Carrollton) Relating to the administration and powers of a coordinated county transportation authority.

Senate Economic Development: Monday, May 18 at 1:30 p.m. in room E1.028. TAB is tracking: HB 1134(Kirk England, R-Grand Prairie) Relating to the authority of the Dallas County Flood Control District No. 1 to enter into a tax abatement agreement and to designate a reinvestment zone. HB 1770 (Robert Miklos, D-Mesquite) Relating to the designation of an area as a reinvestment zone under the Tax Increment Financing Act. HB 3983 (Eddie Rodriguez, D-Austin) Relating to certain homestead preservation reinvestment zones.

Senate Government Organization: Monday, May 18 at 1:30 p.m. in room 2E.20. TAB is tracking: HB 431 (Eddie Lucio III, D-Rancho Viejo) Relating to the design and construction standards for newly constructed or renovated state buildings.

Senate Committee on Administration: Monday, May 18 at 3:30 p.m. in room E1.714. TAB is tracking: HB 2697 (Roland Gutierrez, D-San Antonio) Relating to the licensing and regulation of plumbers.

Senate Business and Commerce: Tuesday, May 19 at 9:00 a.m. in the Betty King Room. TAB is tracking: HB 882 (Eddie Rodriguez, D-Austin) Relating to a residential tenant’s right of restoration after certain unlawful conduct. HB 2649 (Wayne Smith, R-Baytown) Relating to the regulation and practice of engineering. HB 3073 (Charlie Geren, R-River Oaks) Relating to charges at closing of certain real property transactions. HB 3309 (Dan Gattis, D-Georgetown) Relating to consolidation of certain proceedings on an application for a certificate of convenience and necessity. HB 3866 (Elliott Naishtat, D-Austin) Relating to fire safety inspections. HB 4338 (John Smithee, R-Amarillo) Relating to insolvency requirements regarding title insurance agents.

Senate Subcommittee on Base Realignment: Tuesday, May 19 at 1:30 p.m. in room 2E.20. TAB is tracking: HJR 132 (Frank J. Corte, Jr., R-San Antonio) Proposing a constitutional amendment relating to municipal and county financing of the acquisition of buffer areas or open spaces adjacent to a military installation for certain purposes.

Senate Intergovernmental Relations: Wednesday, May 20 at 9:30 a.m. in room E1.028. TAB is tracking: HB 871 (Jessica Farrar, D-Houston) Relating to the method of mailing notice a municipal management district may use to notify a property owner about a scheduled hearing. HB 1063 (Joe Farias, D-San Antonio) Relating to emergency vehicle access to certain gated communities and multiunit housing projects. HB 1730 (Jim Pitts, R-Waxahachie) Relating to authorizing the issuance of bonds for the reimbursement of the cost of public improvements located in public improvement districts in certain counties. HB 2121 (Dora Olivo, D-Missouri City) Relating to participation in the process for evaluating an application for a low income housing tax credit. HB 2692 (Eddie Rodriguez, D-Austin) Relating to the preservation and creation of affordable housing opportunities near commuter rail stations. HB 2888 (Trey Martinez Fischer, D-San Antonio) Relating to recipients of financial assistance administered by the Texas Department of Housing and Community Affairs. HB 3009 (Garnet Coleman, D- Houston) Relating to the authority of municipal management district to consolidate. HB 3025 (Garnet Coleman, D-Houston) Relating to regulation by a property owners’ association of certain religious displays.

Senate Jurisprudence: Wednesday, May 20 at 1:30 in room E1.012. TAB is tracking: HB 3128 (Sylvester Turner, D-Houston) Relating to service of process or notices by a municipality with a population of more than 1.9 million on certain condominiums.

House Criminal Jurisprudence: Wednesday, May 20 at 2:00 p.m. in room E2.028. TAB is tracking: SB 1391 (Jeff Wentworth, R-San Antonio) Relating to the prosecution and punishment of the offense of criminal trespass.

To review committee schedules and to further research a bill, visit the Texas Legislature Online. Top

The 2009 Star Awards Call for Entries is Open! The Calls for Entries are now available for download at www.TexasBuilders.org. This year we have separate Calls for Entries for the following: Custom Builder, Volume Builder, Remodeler, Developer, Green Building and Individual Achievement.

The Star Awards recognizes excellence in all areas of the home building industry. Both members of the Texas Association of Builders (TAB) and non-members may enter to win one of these prestigious awards that recognize the industry’s best from the Southwest region of the : Texas, Arkansas, Louisiana, New Mexico and .

All home building, remodeling and promotional projects completed between January 1, 2008 and July 13, 2009 may be entered for consideration. If you meet our Early Bird submission deadline of 5 p.m., June 22, 2009, the entry fees are $100 per entry for members, and $200 per entry for non-members. The final deadline to receive entries is 5 p.m., Monday, July 13, 2009. The TAB member fee is $125 per entry; the non-member fee is $225 per entry.

The entries will be judged by a distinguished panel of industry experts. Finalists will be notified in September, and the 2009 Star Awards Gala will be held on Friday, October 30, at the Gaylord Texan Resort in Grapevine, Texas. The awards ceremony is held in conjunction with the annual Sunbelt Builders Show™ and Education Conference (www.SunbeltBuildersShow.com).

If you have questions or need additional information after you have downloaded the entries from www.TexasBuilders.org, please call TAB at (800) 252-3625.

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HOMEPAC

Contributing to HOMEPAC just got easier! Visit the HOMEPAC page on the TAB website at www.TexasBuilders.org/homepac and make your contributions online.

Thank you for your generous past support of HOMEPAC, the Texas Association of Builders political action committee. TAB’s continued legislative success at the Texas Capitol is due to your commitment as a HOMEPAC contributor. We encourage you to donate at one of the following annual levels of giving so that you, along with the other builder, developer and associate members of TAB may continue to play a crucial role in Texas politics. Whichever level you choose, your donation will have an impact.

We need you to make a difference!

Capitol Club - $5,000 Diamond Key - $3,000 Platinum Key - $1,500 Gold Key - $1,000 Silver Star - $500 Lone Star - $250

Thank you to our 2009 Rally Day Partners!

Texas Panhandle Builders Association PAC

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