LEGISLATIVE UPDATE HONORABLE JEFF LEACH Member, Texas House of Representatives Gray Reed & McGraw, P.C. 1601 Elm Street, Suite 4600 Dallas, Texas 75201 [email protected] State Bar of Texas 16TH ANNUAL STATE BAR COLLEGE SUMMER SCHOOL COURSE July 17 – 19, 2014 Galveston Island CHAPTER 5 Reprinted with permission from the House Research Organization (HRO) OUR PEOPLE Jeff Leach’s practice is focused primarily in the areas of complex commercial and Jeff Leach civil litigation, construction law and real estate. Jeff is also a State Representative in ASSOCIATE the Texas House of Representatives, representing District 67, consisting of portions MEMBER, TEXAS HOUSE OF of Plano, Allen, Richardson and Dallas in Collin County. In the 83rd Legislature, Jeff REPRESENTATIVES serves on the House Committee on Criminal Jurisprudence, House Committee on Urban Affairs and the House Committee on Rules & Resolutions. Jeff also was D: 469.320.6072 elected to serve on the House Republican Caucus Policy Committee. T: 214.954.4135 F: 469.320.6859 Jeff’s philosophy is to be an effective advocate by advising and counseling clients 1601 Elm Street, Suite 4600, as to various options to resolve disputes and communicating directly with third Dallas, TX 75201 parties and their counsel, Judges, arbitrators and mediators in an effort to efficiently resolve disputes before they reach trial or arbitration. If necessary, Mr. Leach will [email protected] utilize his education and experience to advocate his client’s interests to Judges, Assistant Juries and/or arbitrators in adversarial settings. Vicki Lane D: 214.237.6319 Representative Experience [email protected] Obtained Summary Judgment on behalf of General Contractor in response to substantial bond claims asserted by a Subcontractor on a Project for the Trinity Education River Authority. B.A., Political Science, Represented design professional in dispute with Owner and General Contractor Baylor University, Student regarding services provided for the design and construction of the Venetian Body President, 2005 Phantom of the Opera Theatre Project in Las Vegas, Nevada. J.D., Southern Methodist Represented Developer in dispute with General Contractor regarding multi- University Dedman School of Law, 2008 million dollar hotel project, obtaining successful resolution of all affirmative claims and successful defense of all counterclaims asserted by Defendants. Bar Admission Represented Hotel Owner in Interpleader Action in District Court, successfully negotiating settlements with numerous subcontractors and suppliers and Texas, 2009 obtaining removal of liens from Hotel property. Court Admission Represented Environmental Subcontractor in dispute with General Contractor on massive waste-storage facility in South Texas, obtaining successful resolution of all claims prior to trial. United States District Court, Obtained successful results on behalf of Owners, General Contractors, Northern District of Texas Subcontractors and Sureties in disputes regarding commercial construction Projects throughout the United States. Practices Represented multi-million dollar Real Estate Developer in numerous lawsuits Commercial Litigation involving commercial properties across Texas, Alabama and Florida. General Civil Litigation Defended public official against citizen’s defaming, libelous and slanderous Construction remarks made in public forums and City Council Meetings. Assisted District Attorney’s office in sentencing of a Criminal Defendant who stole hundreds of thousands of dollars from client/victim in a ponzi scheme Represented commercial tenant in numerous dispute with landlord, obtaining complete recovery for tenant. Professional Activities, Memberships & Affiliations Dallas Bar Association Construction Law Section Business Litigation Section State Bar of Texas Construction Law Section Business Litigation Section TEXO - North Texas Association of General Contractors Member, Governmental Affairs Committee Community Activities, Memberships & Affiliations Baylor University Alumni Association Board of Directors, Past-Member Baylor Business Network Steering Committee, Past-Member Prestonwood Baptist Church © 2014 Gray Reed & McGraw, P.C. All rights reserved worldwide. Gray Reed Gray Reed a McGraw, P.c. JeffC.Leach Dallas | Houston | Tyler DirectDial: 469.320.6072 [email protected] July 27, 2014 Dear Fellow Texans (and Those Not So Fortunate), Welcome to the State Bar College 16"' Annual Summer School. By way of briefintroduction, I am a practicing lawyer at Gray Reed & McGraw, P.C., where I specialize in Commercial Litigation, General Civil Litigation and Construction Law. I am also blessed to represent the people of District 67 (Piano, Allen & Richardson in Collin County) in the Texas House of Representatives. I am honored to join you today to provide the Conference with a Texas "Legislative Update." During the 83^^ Legislative Session in 2013, the Texas House of Representatives considered more than 6,000 legislative measures, enacting 1,437 bills and adopting 10 joint resolutions. We also enacted three important bills during the first Special Session, two bills during the Second Special Session and one bill during the Third Special Session. As you know, all of these measures touch and affect different areas and practices of the law. As such, it is virtually impossible for me to provide an exhaustive Legislative Update to this Conference in the 30 minutes I have been provided. In that regard, my brief remarks to the Conference will provide you with a general overview of the major issues addressed during the 83"^ Legislative Session and will offer an outlook on what 1see as the issues likely to be addressed in the 84"' Legislative Session, which convenes in January of2015. In addition, behind this letter you will find the "Focus Report" published by the House Research Organization, a nonpartisan independent department of the Texas House of Representatives. While not a comprehensive examination of every bill passed, this Focus Report includes detailed explanations ofmany of the major measures that were enacted into law last session, as well as some that were not. Furthermore, the Focus Report outlines the arguments (pro and con) for most of the major measures we debated and considered in the House and Senate. My hope is that this Focus Report will provide you more of a "Legislative Update" than I can offer in 30 minutes. If you have any questions or would like to discuss specific legislative measures affecting your area of practice, I invite and encourage you to contact medirectly at ileach@tiravi'ccd.com or on mycell phone at (469)855-0417. J#f Leach 2164567.1 1601 ELM STREET, Suite 4600 I Dallj^S, Texas 75201 i P: 214.954.4135 I F: 214.953.1332 I GRAYREED.COM ________________________________________________________________________________________________________Legislative Update Chapter 5 December 11, 2013 7 Business Regulation & Major Issues Economic Development of the 83rd Legislature, Regular Session Criminal Justice & 25 Judiciary and First, Second, and Third Called Sessions Energy & Environment 51 During its 2013 regular session, the 83rd Texas Legislature enacted 1,437 bills and adopted 10 joint resolutions after considering more than General Government & 6,061 measures filed. It also enacted three bills during the first called 65 Elections session, two bills during the second called session, and one bill during 81 Health & Human Services the third called session. This report includes many of the highlights of the regular session 105 Higher Education and the three called sessions. It summarizes some proposals that were approved and some that were not. Also included are arguments offered Public Education for and against each measure as it was debated. The legislation featured 119 in this report is a sampling and not intended to be comprehensive. Taxation & Revenue 135 Other House Research Organization reports covering the 2013 sessions include those examining the bills vetoed by the governor and 143 Transportation the constitutional amendments on the November 5, 2013, ballot, as well as an upcoming report summarizing the fiscal 2014-15 budget. Number 83-7 House Research Organization ________________________________________________________________________________________________________Legislative Update Chapter 5 Contents Page Legislative Statistics, 83rd Legislature, Regular Session 5 Business Regulation & Economic Development 7 * HB 86 Establishing a sunrise review of occupational licensing ...........................................8 * HB 194 State contracting with veteran-owned businesses ....................................................10 HB 318 Prohibiting employer access to personal accounts ..................................................11 * HB 800 Research and development tax credits .....................................................................12 * HB 1791/ * HB 2623 Legal protections for private space ventures ...........................................................14 HB 2782 Allowing TDI to disapprove insurance rate changes ...............................................16 * HB 3390 Extending and revising the Economic Development Act ........................................17 * SB 21 Drug screening program for unemployment benefits ..............................................20 * SB 515/* SB 516/ * SB 517/* SB 518/ * SB 639 Additional points of sale for small breweries ..........................................................21 Criminal Justice & Judiciary 25 * HB 8 Increased