Weekly Legislative Update
April 14, 2017
DRC Activities:
This week the DRC dropped cards in support of HB 2861, which would provide a
Comprehensive Development Agreement for transportation projects in the North
Texas area. The Chamber also dropped a card in opposition to HB 3440, which the
bill mandates a study on high speed rail in Texas. We oppose this bill because a
study could slow down the construction of the project and send the wrong signal to
investors.
In the education realm, the DRC provided written testimony and dropped a card in
support of HB 2039 to create an optional Early Childhood – Third Grade Teacher
(EC-3) Certificate, and the bill was voted favorably out of the House Public
Education Committee. Additionally, we have supported SB 1407 in the Senate
Finance Committee, a bill to provide transparency in reporting the percentage of
locally collected property taxes that are invested in local public school districts.
GOVERNOR:
Gang-Related Violent Crime – On Monday, Governor Greg Abbott held a press
conference in Houston where he announced a new operation to crack down on the
rise and brutality of gang-related violent crime in Houston and Harris County. To
help combat this wave of gang-related violence, Governor Abbott immediately
directed state resources to a violent crime reduction operation in Harris County by:
 Establishing a Tactical Operations Center in Houston to enhance and
coordinate operations around the clock.
 Providing $500,000 in new funding from the Governor’s Criminal Justice
Division to increase Texas Anti-Gang Center resources in the Houston area.
 Deploying additional Texas Rangers and DPS Special Agents to support local
law enforcement.
 Deploying added technology, including air assets and patrol unit tracking, to
enhance timely collection and analysis of intelligence Harris County crime
statistics.
Department of Information Resources – On Tuesday, Governor Abbott has
appointed Sonya Medina Williams and reappointed Ben Gatzke to the governing
board of the Department of Information Resources (DIR) for terms set to expire on
February 1, 2023. The Governor additionally appointed Jeffrey Tayon to DIR for a
term set to expire on February 1, 2021. DIR coordinates, monitors, and directs
information resources management within state government.
1
Hulu Operations Headquarters Announcement – On Thursday, Governor Greg
Abbott announced that Hulu, LLC will open a new viewer experience operations
headquarters in San Antonio. The new operations headquarters will process
technology and service requests for Hulu subscriptions from millions of customers
across the United States. The San Antonio headquarters is expected to add hundreds
of new jobs to the area with millions in capital investment. A Texas Enterprise Fund
(TEF) grant offer of $1,284,000 has been extended to Hulu.
SENATE:
The Senate was in session Monday, Tuesday and Wednesday of this week.
On Monday, the Senate passed 19 bills including:
SB 264 by Charles Perry (R-Lubbock) would allow jailers and correctional
officers who can demonstrate they have completed firearm training to obtain a
license to carry a handgun without going through additional firearm training. The
committee substitute and one floor amendment were adopted and it passed
unanimously.
SB 293 by Juan “Chuy” Hinojosa (D-McAllen) would clarify the credible allegation of
fraud standard for Medicaid fraud and would define “a significant financial risk to
the state” as anything over $100,000. The committee substitute was adopted and it
passed unanimously.
SB 499 by Royce West (D-Dallas) would create the Uniform Partition of Heirs’
Property Act in the Texas Property Code. It passed unanimously.
SB 509 by Joan Huffman (R-Houston) would require public retirement systems to
have an independent firm evaluate the retirement system’s investment practices
and performance. The committee substitute was adopted and it passed unanimously.
SB 564 by Donna Campbell (R-New Braunfels) would remove the Department of
Information Resources from the statute allowing governmental bodies to conduct a
closed door meeting to deliberate information technology security practices. It
passed unanimously.
SB 626 by Charles Schwertner (R-Georgetown) would require a condemning
authority to specify which parcel of a landowner's property is needed for a desired
project and which is not subject to condemnation, and would require separate
compensation offers for each parcel. The committee substitute was adopted and it
passed unanimously.
SB 628 by Charles Schwertner (R-Georgetown) would strengthen existing
"Landowner's Bill of Rights" protections, which allow landowners the right to
repurchase property seized through eminent domain unless the condemning entity
can demonstrate "actual progress" on the project within a defined period of time. It
passed unanimously.
SB 669 by Jane Nelson (R-Flower Mound) would reform the property tax
appraisal process. Senator Nelson said, "Homeowners in Texas are shouldering a
significant share of the tax burden. We need to reduce this burden and ensure that
taxpayers are treated fairly in the appraisal process." The committee substitute was
adopted and it passed unanimously.
2
SB 750 by Brian Birdwell (R-Granbury) would repeal Sections 22.04 and 22.05 of
the Alcoholic Beverage Code, which prohibits a package store permit holder from
having an interest in more than five package stores. It passed by a vote of 24-7.
SB 944 by Bryan Hughes (R-Mineola) would be the Uniform Foreign-Country
Money Judgments Recognition Act. It passed unanimously. (Note: the companion,
HB 2122, was heard in the House Judiciary and Civil Jurisprudence Committee on
Tuesday, and left pending.)
SB 951 by Kelly Hancock (R-North Richland Hills) would authorize the holder of a
winery permit to buy bulk wine from the holder of a grower’s permit and store
bulk wine on behalf of the holder of a grower’s permit. It passed by a vote of 30-1.
SB 968 by Kirk Watson (D-Austin) would require postsecondary educational
institutions to provide an option for a student or employee of the institution to
electronically report an allegation of sexual assault, sexual harassment, dating
violence or stalking committed against or witnessed by the student or employee,
and must enable a student or employee to report the alleged offense anonymously.
The committee substitute was adopted and it passed by a vote of 30-1.
SB 969 by Kirk Watson (D-Austin) would provide amnesty to students who commit
a student conduct code violation ancillary to a sexual assault incident if they are a
victim of that sexual assault or a reporting witness. The committee substitute was
adopted and it passed by a vote of 30-1.
SB 1081 by Konni Burton (R-Colleyville) would specify that the prophylaxis to
prevent ophthalmia neonatorum is not required to be administered at childbirth if
the child’s parent or guardian does not consent, and the risk-screening is negative.
Provisions providing a Class B misdemeanor penalty for failing to administer the
prophylaxis to prevent opthalmia neonatorum would be removed. The committee
substitute was adopted and it passed unanimously.
SB 1090 would revise tethering requirements to ensure that dog tethering is done
in a humane manner. It passed by a vote of 29-2.
SB 1176 by Donna Campbell (R-New Braunfels) would allow the holder of a wine
and beer retailer’s permit to transfer alcoholic beverages between permitted
premises within the same county. The committee substitute was adopted and it
passed by a vote of 30-1. (Note: the companion, HB 2344, was voted favorably as
substituted from the House Licensing and Administrative Procedures on April 10,
2017.)
SB 1390 by Juan “Chuy” Hinojosa (D-McAllen) would provide an excise tax
exemption for cigarettes that are contained in a package labeled as “Experimental
Use Only,” “Reference Cigarettes,” or other similar wording indicating that the
manufacturer intends for the product to be used exclusively for experimental
purposes. One floor amendment was adopted and it passed unanimously. (Note: the
companion, HB 2692, was voted favorably as substituted from the House Ways and
Means Committee on April 12, 2017.)
SB 1524 by Robert Nichols (R-Jacksonville) would allow trucks carrying
intermodal shipping containers traveling within 30 miles of a port of entry or an
international bridge with approval of Texas Department of Transportation to
purchase an annual permit to carry cargo of up to 100,000 pounds in designated
3
counties that is sealed with a United States customs seal. The committee substitute
and four floor amendments were adopted and it passed by a vote of 27-4. (Note: the
companion, HB 3854, was heard in the House Transportation Committee on April 12,
2017 and was left pending.)
The Senate also gave preliminary approval to two bills:
SB 75 by Jane Nelson (R-Flower Mound) would require parental consent for a
minor to join a union.
SB 409 by Don Huffines (R-Dallas) changes the threshold for jurisdiction of justice
courts from $10,000 to $20,000. It passed to third reading by a vote of 21-10. It
received final approval on Tuesday by a vote of 20-11.
On Tuesday, the Senate passed ten bills. Two of those, SB 75 and SB 409, were on
third reading. The others included:
SB 313 by Charles Schwertner (R-Georgetown) is the sunset bill for the State Board
of Dental Examiners. The committee substitute and three floor amendments were
adopted and it passed unanimously.
SB 612 by Brian Birdwell (R-Granbury) would make it a defense to prosecution or
to imposition of a civil penalty for a violation of an ethics law if the person
requested a written advisory opinion from the Texas Ethics Commission and the
commission did not issue the requested opinion. The committee substitute and one
floor amendment were adopted and it passed unanimously.
SB 822 by Craig Estes (R-Wichita Falls) would direct the University of Texas at
Austin to transfer the Lions Municipal Golf Course property to the Texas Parks and
Wildlife Department. It passed by a vote of 21-10.
SB 970 by Kirk Watson (D-Austin) would require an affirmative consent standard
across all institutions of higher education. The committee substitute was adopted and
it passed by a vote of 30-1.
SB 1634 by Larry Taylor (R-Friendswood) would provide that if the district
anticipates providing less than 180 days of instruction for students during a school
year, the district would be allowed to reduce the number of teacher in-service
days proportionately; however, the district could not reduce an educator’s salary. It
passed unanimously. (Note: the companion, HB 1114, was heard in the House Public
Education Committee on April 11, 2017 and left pending.)
SB 1987 by Eddie Lucio, Jr. (D-Brownsville) would require notices be given to
landowners being included in a new municipal management district or being
annexed into an existing municipal management district. The committee substitute
was adopted and it passed unanimously. (Note: the companion, HB 4051, was heard in
the House Special Purpose Districts Committee on April 13, 2017 and left pending.)
They also gave preliminary approval to:
SB 522 by Brian Birdwell (R-Granbury) allows county clerks to recuse themselves
from signing marriage licenses if doing so violates a sincerely-held religious
belief and such notice has been provided to the local commissioners court. Senator
Birdwell said, “SB 522 creates a statutory balance between the religious liberties of
marriage-certifying officials and the rights of all couples to marry. In instances
4
where a county clerk recuses himself or herself, another ‘certifying official’ must be
appointed by the commissioners court to perform the duties of the clerk. This bill
also protects judges and magistrates by allowing them to perform or refuse to
perform any marriage ceremony for any reason other than a prohibited reason, such
as discrimination based on race. In recognizing the right of same-sex couples to
marry in light of the Supreme Court decision in Obergefell v. Hodges, this bill
provides clerks and judges specified, statutory authority under the protections
afforded by Article 1, Section 4 of the Texas Constitution, which guarantees that ‘no
religious test shall ever be required as a qualification to any office’ and that no one
can ‘be excluded from holding office on account of their religious sentiments.’” The
committee substitute and one floor amendment were adopted and it passed to third
reading by a vote of 21-10. It received final approval on Wednesday by the same vote.
The floor amendment requires counties to “ensure that all eligible persons applying for
a marriage license are given equal access to the process and are not subject to undue
burden due to a county clerk’s refusal to certify.”
Texas Freedom Network President Kathy Miller commented on the Senate’s vote
for SB 522 saying, “There are 17 such religious-refusal bills filed in the Legislature
this year. The Texas Senate today said it has no problem with public officials picking
and choosing which taxpayers they will serve. This bill opens the door to taxpayerfunded discrimination against virtually anyone who doesn’t meet a public official’s
personal moral standards. That means same-sex couples, divorced people, women
who have children outside of marriage and many others could be treated like
second-class citizens by the very people whose salaries they pay with their tax
dollars. That’s discrimination, not religious freedom.”
On Wednesday, in addition to giving final approval to SB 522, the Senate passed 11
other bills including:
SB 316 by Juan “Chuy” Hinojosa (D-McAllen) would implement a Sunset Advisory
Commission recommendation regarding the prescription of controlled
substances by veterinarians. The committee substitute and two floor amendments
were adopted and it passed by a vote of 24-7.
SB 461 by Eddie Lucio, Jr. (D-Brownsville) would standardize the information that a
political subdivision must include in a ballot proposition for the issuance of
bonds. The committee substitute was adopted and it passed unanimously. (Note: the
companion, HB 3335, is set for a hearing in the House Elections Committee on April 17,
2017.)
SB 627 by Charles Schwertner (R-Georgetown) would provide landowners with
increased disclosure of existing survey-related rights. The committee substitute
was adopted and it passed unanimously.
SB 736 by Kelly Hancock (R-North Richland Hills) would repeal statutes allowing
the General Land Office (GLO) to sell retail electric power to a state agency,
institution of higher education, school district or political subdivision; however, it
would allow the GLO to continue providing retail electric service under a contract
entered into prior to the repeal. One second reading floor amendment was adopted
and it passed to third reading by a vote of 21-10. An additional floor amendment was
adopted on third reading and it received final approval by a vote of 24-7. (Note: the
5
companion, HB 1685, was heard in the House Land and Resource Management
Committee on April 12, 2017 and left pending.)
SB 813 by Bryan Hughes (R-Mineola) would authorize a claimant to bring an action
against a state agency if the state agency takes a regulatory action against the
claimant that is frivolous, unreasonable or without foundation. It passed by a vote of
28-3.
SB 1083 by Charles Perry (R-Lubbock) would add to the definition of insurance
services for sales tax purposes a service performed by a certified public
accountancy firm if less than one percent of the firm’s revenue in the calendar year
is from services that would otherwise constitute insurance services. The committee
substitute and one floor amendment were adopted and it passed unanimously.
SB 1767 by Dawn Buckingham (R-Lakeway) would prohibit the appraisal review
board from determining the value of a property to be greater than the value
submitted by the chief appraiser unless agreed to by the parties to the protest. The
committee substitute was adopted and it passed unanimously.
The Senate also passed SCR 3 by Brandon Creighton (R-Conroe) would claim
sovereignty for the State of Texas under the Tenth Amendment to the U.S.
Constitution over all powers not otherwise enumerated and granted by the federal
government. It was adopted by a vote of 20-11.
Total number of bills reported out of Senate Committees this week:
Total number of bills passed by the Senate this week:
Total passed on the Local and Uncontested calendar this week: 0
140
41
Next Week: The Senate will re-convene on Tuesday, April 18th at 12:00 p.m. They
will have a Local and Uncontested Calendar on Wednesday, April 19, 2017.
HOUSE:
The House was in session on Monday through Thursday this week. On Monday, they
conducted routine business.
On Tuesday, the House gave preliminary approval to ten bills including:
HB 257 by Ana Hernandez (D-Houston) would require the Texas Workforce
Commission in consultation with the Texas Coordinating Council for Veterans
Services to submit an annual report to the governor and legislature identifying:
 The five most common military occupational specialties of service
members who are transitioning from military service to employment;
 The five occupations for which the military occupational specialties
identified best offer transferable skills that meet the needs of employers; and
 Any industry-based certifications that align with the military occupational
specialties identified.
It passed to third reading on a voice vote. It received final approval on Wednesday by a
vote of 130-16.
6
HB 271 by Rick Miller (R-Sugar Land) would establish the Veterans Recovery
Pilot Program to provide treatment facilities reimbursement for services to eligible
veterans who have post-traumatic stress disorder or a traumatic brain injury. The
committee substitute was adopted and it passed to third reading on a voice vote. It
received final approval on Wednesday by a vote of 140-6. (Note: the companion, SB
1075, is set for a hearing in the Senate Health and Human Services Committee on April
19, 2017.)
HB 280 by Donna Howard (D-Austin) would create a grant program administered
by the nursing resource section to prevent workplace violence against nurses. It
passed to third reading by a vote of 122-21. It received final approval on Wednesday
by a vote of 110-35.
HB 281 by Donna Howard (D-Austin) would establish a statewide electronic
tracking system for evidence in sex crimes. Representative Howard said, “HB 281
would establish a secure, confidential tracking system for rape kits." The committee
substitute and one floor amendment were adopted and it passed to third reading on a
voice vote, and it unanimously passed on final approval Wednesday.
HB 322 by Terry Canales (D-Edinburg) would establish a process for the automatic
expunction of arrest records for defendants who successfully complete a veterans
treatment court program. One floor amendment was adopted and it passed to third
reading on a voice vote and received final unanimous approval on Wednesday.
HB 878 by Ken King (R-Canadian) would allow school districts to extend the
district’s depository bank contract for three (instead of two) additional years. It
passed to third reading on a voice vote and received final unanimous approval on
Wednesday.
HB 1178 by John Kuempel (R-Seguin) would make theft of dangerous controlled
drugs from Texas pharmacies, hospitals, clinics and nursing homes a third degree
felony. It passed to third reading by a vote of 137-7. On Wednesday, it received final
approval by a vote of 139-6.
HB 1862 by Eddie Lucio, III (D-Brownsville) would designate creeks in Presidio,
Marion, Cass, Morris, Red River, Bowie, and Brewster counties as having unique
ecological value. The committee substitute was adopted and it passed to third
reading by a vote of 97-47. It was finally passed on Wednesday by a vote of 91-55.
HB 2005 by Lyle Larson (R-San Antonio) would require the Texas Water
Development Board, in consultation with groundwater conservation districts,
regional water planning groups and potential sponsors of aquifer storage and
recovery (ASR) projects to:
 Conduct studies of ASR projects identified in the state water plan or by
interested persons; and
 Report the results of each study to regional water planning groups and
interested persons.
It passed to third reading by a vote of 142-3, and was finally passed on Wednesday by
a vote of 143-3.
HB 2007 by Scott Cosper (R-Killeen) would authorize the Board of Dental
Examiners to issue a military limited volunteer license to practice dentistry or
dental hygiene to a qualified dentist or hygienist if they only practice at a clinic that
7
primarily treats indigent patients, and if they do not receive compensation for
services rendered. It passed to third reading unanimously on Tuesday and on final
passage on Wednesday.
On Wednesday, the House gave preliminary approval to 12 bills including:
HB 9 by Giovanni Capriglione (R-Keller) is a cybercrime bill that would make it a
third degree felony for a person to intentionally interrupt or suspend access to a
computer system or computer network without the effective consent of the owner.
The committee substitute and one floor amendment were adopted and it passed to
third reading on a voice vote. It received unanimous final passage on Thursday.
HB 13 by Four Price (R-Amarillo) would establish a matching grant program to
support community mental health programs for individuals experiencing mental
illness. Three floor amendments were adopted and it passed to third reading on a
voice vote. It received final passage on Thursday by a vote of 133-6.
HB 66 by Ryan Guillen (D-Rio Grande City) would provide that if a student
appointed to receive a Texas Armed Services Scholarship fails to maintain
eligibility, the elected official who appointed the student would be allowed to
appoint another student. The committee substitute was adopted and it passed to third
reading on a voice vote. It received unanimous final approval on Thursday. (Note: the
companion, SB 49, passed the Senate on March 6, 2017.)
HB 394 by Donna Howard (D-Austin) would designate the Lady Bird Johnson
Wildflower Center at the University of Texas at Austin as the state botanical garden
and arboretum. The committee substitute was adopted and it passed to third reading
on a voice vote. It received final approval on Thursday by a vote of 130-6.
HB 827 by Cesar Blanco (D-El Paso) would require the Workforce Commission to
develop and maintain a searchable database through which prospective employers
could qualify a veteran’s military service experience and employment
qualifications related to specific skills. The committee substitute was adopted and it
passed to third reading on a voice vote. It received final passage on Thursday by a vote
of 115-24.
HB 915 by Ed Thompson (R-Pearland) would prohibit an insurer writing
automobile insurance from delivering, issuing for delivery, or renewing a named
driver policy unless the named driver policy is an operator’s policy. It passed to
third reading by a vote of 133-11 and received final approval on Thursday by a vote of
126-11.
HB 970 by Philip Cortez (D-San Antonio) would require the Department of State
Health Services (DSHS) to establish a state plan for streptococcus pneumoniae
education and prevention. One floor amendment was adopted and it passed to third
reading by a vote of 126-19. On Thursday, it received final passage by a vote of 118-19.
HB 1731 by Ken King (R-Canadian) would eliminate students receiving treatment in
a residential facility from consideration in determining the drop-out rate for school
accountability purposes. It passed to third reading on a voice vote and received
unanimous final approval on Thursday.
8
On Thursday, the House passed 11 third reading bills on the General Calendar and
30 bills on its first Local and Consent Calendar of the session. Some of the bills that
passed on the Local and Consent Calendar are listed in the issue categories below.
Total number of bills reported out of House Committees this week:
Total number of bills passed by the House this week:
Total passed on the Local and Consent calendar this week:
30
171
51
Next Week: The House will re-convene on Monday, April 17th at 2:00 p.m.
BUDGET:
Next Week: The House Appropriations Committee will meet on Monday, April 17,
2017 at 2:00 p.m. in E1.030 of the capitol extension to take up:
HB 40 by Ron Simmons (R-Carrollton) would require the comptroller to maintain
money received from the federal government separately from general revenue
fund money and ensure that the federal money is used for the purpose for which the
federal money is received.
HB 855 by Giovanni Capriglione (R-Keller) would require the portion of the Rainy
Day Fund that must be invested under the “prudent person” rule to be the amount
that exceeds 30 percent of the fund’s cap as defined under the Texas Constitution.
HB 935 by John Zerwas (R-Fulshear) would establish the emergency medical air
transportation account as a dedicated account in the general revenue fund.
HB 3026 by Dade Phelan (R-Port Neches) would abolish the used oil recycling
account and transfer the funds into the water resource management account.
HB 3529 by Giovanni Capriglione (R-Keller) would clarify the comptroller’s
authority to invest money held outside the state treasury.
HB 3537 by Charlie Geren (R-Fort Worth) would clarify that interest earned on
federal funds subject to the Federal Wildlife Restoration Act in the deferred
maintenance fund account are subject to the same use restrictions as other funds
in the account.
HB 3765 by Oscar Longoria (D-Edinburg) is a payment of claims and judgments
against the state bill.
HB 3849 by John Zerwas (R-Fulshear) is the funds consolidation bill that
dedicates and rededicates state funds and accounts.
The House State Affairs Committee will meet on Wednesday, April 19, 2017 at
10:30 a.m. in Room JHR 140 of the John H. Reagan State Office Building to take up:
HB 826 by Cesar Blanco (D-El Paso) would require the comptroller to prepare an
annual report containing a comprehensive financial analysis of the impact of
undocumented immigrants on the state budget and economy.
ECONOMIC DEVELOPMENT:
On Monday, the House Government Transparency and Operation Committee
took up:
HB 4038 by Dwayne Bohac (R-Houston) would add to the definition of “qualifying
job” for purposes of the sales tax exemption for tangible personal property
9
associated with a data center a new employment position staffed by a third-party
employer if a written contract exists between the third-party employer and a
qualifying owner, operator or occupant that provides that the employment position
is permanently assigned to an associated qualifying data center. It was initially left
pending, but on Wednesday, it was reported favorably and recommended for the Local
and Consent Calendar.
On Thursday, the House Economic and Small Business Development Committee
took up:
HB 2004 by Charles “Doc” Anderson (R-Waco) would expand the Texas Department
of Agriculture’s Texas Economic Development Fund to allow it to be used for;
 Encourage the export of Texas agricultural products or products
manufactured in rural Texas; and
 An economic development program established through an agreement with a
federal agency, foreign governmental entity, public university, or state
governmental entity to encourage rural economic development.
It was left pending.
HB 3172 by Angie Chen Button (R-Garland) would require the Department of
Information Resources to establish a common electronic application and reporting
system for economic development incentives. It was left pending.
HB 3294 by Tan Parker (R-Flower Mound) would make two NASCAR races eligible
for Major Events Reimbursement Program funding, the All-Star race and the
championship race. It was left pending.
HB 3360 by Angie Chen Button (R-Garland) would require the Economic Incentive
Oversight Board to evaluate the Texas Economic Development Act; to develop a
performance matrix to facilitate evaluation of the program; and to develop a
schedule to regularly review the program and make recommendations for
improvement. It was left pending.
HB 3488 by Gina Hinojosa (D-Austin) would authorize a for-profit corporation to
elect to become a public benefit corporation. It was left pending.
HB 3772 by Angie Chen Button (R-Garland) would establish the Texas Leverage
Fund administered by the Texas Economic Development Bank to be used to make
loans to economic development corporations for eligible projects; to pay
administrative costs of the fund; and to pay the principal and interest on the bonds.
It would authorize the Texas Economic Development Bank to issue bonds secured
by local economic development sales and use tax revenue from economic
development corporations. It was left pending.
Next Week: The Senate Natural Resources and Economic Development
Committee will meet on Tuesday, April 18, 2017 at 9:00 a.m. in E1.012 of the
capitol extension to take up:
SB 600 by Konni Burton (R-Colleyville) would repeal Chapter 313 of the Tax Code,
the Texas Economic Development Act.
10
The House Economic and Small Business Development Committee will meet on
Thursday, April 20, 2017 at 8:00 a.m. in E2.010 to take up:
HB 671 by Eric Johnson (D-Dallas) would require 10 percent of the unencumbered
balance of the Texas Enterprise Fund to be transferred to the Capital Access Fund
at the beginning of each fiscal biennium.
HB 3160 by Angie Chen Button (R-Garland) would allow the Texas Enterprise
Fund to be used for commercialization of property derived from research
developed through an institution of higher education that is also supported by one
or more private entities participating in the project.
HB 3364 by Angie Chen Button (R-Garland) would authorize the governor to use
the Texas Enterprise Fund to reimburse a grant recipient for up to 15 percent of of
expenses incurred for the purchase of goods or services from a business in Texas.
HB 3740 by Ron Reynolds (D-Richmond) would require information about
historically underutilized businesses and the expansion of the small business
development center network to be added to the CTE curriculum.
ENERGY:
On Monday, the House Energy Resources Committee took up:
HB 1931 by Shawn Thierry (D-Houston) would require major commercial
contractors to submit an annual plan to the State Energy Conservation Office
specifying efforts taken to increase Historically Underutilized Business (HUB)
contract procurement. It was left pending.
HB 2715 by Drew Darby (R-San Angelo) would require administrative penalties
assessed by the Railroad Commission to be deposited in the Oil and Gas Regulation
and Cleanup Fund. It was left pending.
HB 2813 by Drew Darby (R-San Angelo) would repeal the Transportation
Infrastructure Fund and repeals County Energy Transportation Reinvestment
Zones (CETRZs). It was left pending. (Note: the companion, SB 1305, passed the
Senate on Tuesday. It has been referred to the House Energy Resources Committee and
is eligible to be substituted for HB 2813.)
HB 3726 by Tony Dale (R-Cedar Park) would eliminate examination and continuing
education requirements for holders of a liquefied petroleum gas license. It was
left pending.
On Tuesday, the Senate Business and Commerce Committee took up:
SB 83 by Bob Hall (R-Canton) would establish the electromagnetic threat
preparedness task force to develop a comprehensive threat protection and
recovery plan to protect critical infrastructure and vital utility facilities against
electromagnetic, geomagnetic, terrorist, and cyber-attack threats. It was left pending.
SB 1510 by Charles Perry (R-Lubbock) would require transmission and distribution
utilities that operate solely in ERCOT and provide service to fewer than 100,000
meters to provide service to nonprofit places of worship on a kilowatt hour basis. It
was left pending.
SB 1976 by John Whitmire (D-Houston) would require the Department of Health
and Human Services to assist in developing an automatic process to provide for
identification of low-income customers to retail electric providers to enable
11
them to offer customer service, discounts, bill payment assistance or other
assistance to those customers. It was left pending.
Also on Tuesday, the Senate Natural Resources and Economic Development
Committee took up:
SB 568 by Jose Rodriguez (D-El Paso) would require the Railroad Commission to
post enforcement information related to inspection and enforcement activity,
violations, and penalties assessed on the commission’s Internet website. It was left
pending.
On Wednesday, the House State Affairs Committee took up:
HB 1475 by Yvonne Davis (D-Dallas) would prohibit a person who is not a
customer of a retail electric provider from discontinuing service provided at a
specified address and initiate service with a different retail electric provider. It was
left pending.
HB 2114 by Mary Ann Perez (D-Houston) would authorize the Health and Human
Services Commission to provide the Public Utility Commission with a list of
individuals receiving medical or nutrition assistance from the state; and would
authorize the PUC to use that list to assist utilities to provide bill payment
assistance to their customers who are on the list. It was left pending.
HB 3379 by Chris Paddie (R-Marshall) would require the Department of Health and
Human Services, upon request from the Public Utility Commission to assist in
developing an automatic process to help retail electric providers to identify lowincome customers to offer assistance. It was left pending.
Also on Wednesday, the House Land and Resource Management Committee took
up:
HB 1685 by Travis Clardy (R-Nacogdoches) would repeal statutes allowing the
General Land Office (GLO) to sell retail electric power to a state agency,
institution of higher education, school district or political subdivision; however, it
would allow the GLO to continue providing retail electric service under a contract
entered into prior to the repeal. It was left pending. (Note: the companion, SB 736,
passed the Senate on April 11, 2017.)
ENVIRONMENT:
On Monday, the House Natural Resources Committee’s Subcommittee on
Special Water Districts took up:
HB 3028 by DeWayne Burns (R-Cleburne) would afford a landowner the right to a
fair share of groundwater when the right to drill a well and produce groundwater
is regulated. It was left pending.
HB 3031 by Tracy King (R-Uvalde) would require Texas Commission on
Environmental Quality to identify any proposed alternative source of water in the
notice for a water rights permit. It was left pending.
HB 3043 by Paul Workman (R-Austin) would establish a groundwater
management area planning group to conduct joint planning and to review the
12
management plans, the accomplishments of the management area, and proposals to
adopt new or amend existing desired future conditions. It was left pending.
HB 3166 by Eddie Lucio, III (D-Brownsville) would define modeled sustainable
groundwater pumping as the maximum amount of groundwater that the Texas
Water Development Board determines may be produced in perpetuity from an
aquifer on an annual basis using the best available science. It was left pending.
On Monday, the Senate Agriculture, Water and Rural Affairs Committee took up:
SB 1392 by Charles Perry (R-Lubbock) would add a definition of “common
reservoir” to groundwater conservation district statutes and would require each
groundwater owner overlying a common reservoir to be treated fairly. It was left
pending.
SB 1511 by Charles Perry (R-Lubbock) would require the state water planning
process to include consideration of implementation of projects included in the
preceding state water plan that were given a high priority including an analysis of
any impediments to the implementation of the projects. It was reported out
favorably and recommended for the Local and Uncontested Calendar.
On Tuesday, the House Environmental Regulation Committee took up:
HB 2092 by Geanie Morrison (R-Victoria) would prohibit the Texas Commission on
Environmental Quality from issuing a permit, registration, or other authorization for
land application of grit or grease trap waste. It was left pending.
HB 2479 by Cecil Bell, Jr. (R-Magnolia) would allow the Texas Commission on
Environmental Quality to return an incomplete or inaccurate application for a solid
waste facility to the applicant for completion or correction. But the commission
would be required to deny a permit application that is incomplete or inaccurate if
the applicant has had an opportunity to make the correction and would prohibit the
commission from approving a subsequent application for a solid waste facility at
that site. It was left pending.
HB 2582 by J. D. Sheffield (R-Gatesville) would exempt an extraction area from
which marble or granite material is extracted for decorative or artistic uses and the
average amount of riprap removed per year is less than 1,500 tons from regulation
as an aggregate production operation. It was voted out favorably as substituted.
HB 2771 by Dade Phelan (R-Port Neches) would eliminate the fee related to
wastewater treatment permit applications. It was voted out favorably as
substituted.
HB 3058 by Jason Isaac (R-Dripping Springs) would authorize Texas Commission
on Environmental Quality’s technology implementation grant program to issue
grants for the installation of systems on upstream and midstream oil and gas
infrastructure to reduce flaring emissions by capturing waste heat to generate
electricity. It was left pending.
HB 3175 by Ron Reynolds (D-Richmond) would authorize Texas Commission on
Environmental Quality (TCEQ) to collect an annual greenhouse gas emissions fee
of $5 per ton of carbon dioxide equivalent emitted from an electric generating
facility that has a permit from TCEQ and is subject to federal greenhouse gas
reporting requirements. It was left pending.
13
Also on Tuesday, the Senate Natural Resources and Economic Development
Committee took up:
SB 1000 by Larry Taylor (R-Friendswood) would establish a joint interim
committee to study the feasibility and desirability of creating and maintaining a
coastal barrier system that includes a series of gates and barriers to prevent storm
surge damage to gulf beaches or coastal ports, industry, or property. It was left
pending. (Note: the companion, HB 2252, was voted favorably out of the House Land
and Resource Management Committee on April 12, 2017.)
SB 1064 by Robert Nichols (R-Jacksonville) would allow a volunteer firefighter
acting in the scope of the person’s volunteer duties to supervise outdoor burning
of waste consisting of plant growth. It was left pending.
And on Tuesday, the Senate Business and Commerce Committee took up:
SB 733 by Kelly Hancock (R-North Richland Hills) would establish the same
sanitation and safety requirements for artificial swimming lagoons that are
required for swimming pools. It was left pending. (Note: the companion, HB 1468,
was voted favorably as substituted from the House Public Health Committee on April
11, 2017.)
On Wednesday, the House Natural Resources Committee took up:
HB 352 by Andrew Murr (R-Junction) would provide that prior to issuing an
opinion that a watercourse or portion of a watercourse is a navigable stream, the
state agency must either perform or have performed by a licensed state land
surveyor a gradient boundary survey or obtain from the General Land Office a
written opinion that a gradient boundary survey is not required. It would require
the agency seeking the opinion to provide written notice to adjacent property
owners and conduct a public hearing. It was left pending.
HB 2376 by Armando Walle (D-Houston) would direct the Texas Commission on
Environmental Quality to award competitive grants to support research projects for
wastewater reuse. It was left pending.
HB 2476 by Sarah Davis (R-Houston) would prohibit a public entity from entering
into a contingency fee contract to bring suit under the Water Code against the
Texas Commission on Environmental Quality without approval of the contract by
the comptroller. It was left pending.
HB 2533 by Charlie Geren (R-Fort Worth) would allow local governments to file
civil suits for environmental violations after notifying the attorney general (AG)
and the Texas Commission on Environmental Quality (TCEQ) outlining the alleged
violation, the facts that support the claim, and the specific relief sought. It would
allow the suit to proceed 90 days after the notification unless the AG files the suit or
the AG or TCEQ denies authorization to pursue the suit. It was left pending.
HB 2777 by Dade Phelan (R-Port Neches) would allow a Class A utility to apply to
the Public Utility Commission for an amendment of a municipal utility district’s
certificate of convenience and necessity to allow the utility to have the same
rights and powers under the certificate as the municipal utility district. It was left
14
pending. (Note: the companion, SB 1842, was voted favorably as substituted from the
Senate Intergovernmental Relations Committee on April 12, 2017.)
HB 3417 by Tracy King (D-Uvalde) would require consideration by a groundwater
conservation district of registered wells that are exempt from permit
requirements before granting or denying a permit. It was left pending.
HB 3742 by Dade Phelan (R-Port Neches) would require a contested case hearing
for water rights permit applications. It was left pending.
HB 3746 by Dade Phelan (R-Port Neches) would allow the floodplain
management account to fund activities related to the collection and analysis of
flood-related information; flood planning, protection, mitigation, or adaptation; or
the provision of flood-related information to the public through educational or
outreach programs. It was left pending.
HB 3987 by Lyle Larson (R-San Antonio) would authorize the Texas Water
Development Board to use the state participation account of the water
development fund to provide financial assistance for the development of
desalination. It was left pending.
HB 3991 by Lyle Larson (R-San Antonio) would allow an aquifer storage and
recovery project to involve the use of water derived from multiple sources,
including a new appropriation of water. It was left pending.
GENERAL BUSINESS:
Passed the House:
HB 1612 by Ramon Romero (D-Fort Worth) would prohibit the Texas Alcoholic
Beverage Commission from offering a civil penalty in lieu of suspending a permit
or license if the basis for the suspension involves consumption of or the permitting
of consumption of controlled substances or drugs. It passed on Thursday’s Local
and Consent Calendar.
HB 2299 by Senfronia Thompson (D-Houston) would allow the Texas Alcoholic
Beverage Commission to require proof that a laboratory performing a test to verify
the alcohol content of malt beverages to be a certified laboratory. It passed on
Thursday’s Local and Consent Calendar. (Note: the companion, SB 1301, is set for a
hearing in the Senate Business and Commerce Committee on April 18, 2017.)
On Monday, the House Licensing and Administrative Procedures Committee
took up:
HB 2101 by John Frullo (R-Lubbock) would allow the holder of a wine and beer
retailer’s permit to be issued a food and beverage certificate if the total receipts
from the sale of alcoholic beverages for the premises are no more than 50 percent of
the total receipts for the premises. It was initially left pending, but on Thursday, it
was voted out favorably as substituted.
On Tuesday, the House Investments and Financial Services Committee took up:
HB 1985 by Dan Flynn (R-Van) would allow a debt cancellation agreement to be
offered in connection with a retail installment contract or retail charge agreement. It
was left pending. (Note: the companion, SB 1052, was reported favorably as
15
substituted from the Senate Business and Commerce Committee on April 11, 2017 and
recommended for the Local and Uncontested Calendar.)
HB 3224 by Mary Ann Perez (D-Houston) would require investment advisors to
report suspected financial abuse of elderly persons. It was left pending.
HB 3419 by Eddie Lucio, III (D-Brownsville) would increase the maximum cash
advance under a consumer loan from $200 to $500. It was left pending.
HB 3448 by Oscar Longoria (D-Edinburg) would authorize a lender to offer but not
require a borrow to purchase a single premium term life insurance policy in
connection with a consumer loan. It was left pending.
HB 3503 by Shawn Thierry (D-Houston) would make it an offense to and set the
penalties for financial abuse of an elderly person. It was left pending.
HEALTH:
On Monday, the House Licensing and Administrative Procedures Committee
took up:
HB 2525 by John Zerwas (R-Fulshear) would clarify provisions relating to the
licensing and regulation of anesthesiologist assistants by the Texas Physician
Assistant Board. It was left pending.
On Tuesday, the House Insurance Committee took up:
HB 1464 by Greg Bonnen (R-Friendswood) would establish guidelines for step
therapy protocols required by a health benefit plan in connection with
prescription drug coverage. It was left pending.
HB 1649 by Sergio Munoz, Jr. (D-Palmview) would prohibit the use of extrapolation
by a health maintenance organization or an insurer to audit claims. It was left
pending.
HB 2360 by Greg Bonnen (R-Friendswood) would limit the amount that could be
charged to an enrollee in a health benefit plan at the point of sale for prescription
drugs covered by the plan. It was left pending. (Note: the companion, SB 1076, was
reported favorably as substituted from the Senate Business and Commerce Committee
and recommended for the Local and Uncontested Calendar.)
HB 2711 by Sergio Munoz, Jr. (D-Palmview) would require a health benefit plan
issuer that provides coverage for laboratory services to establish reasonable terms
under which a noninstitutional laboratory may provide laboratory services to
enrollees under the health benefit plan, and prohibit an issuer from unreasonably
discriminating against a noninstitutional laboratory that meets the terms
established by the issuer. It was left pending.
HB 3124 by Lance Gooden (R-Terrell) would exempt valid cost-comparison
information from the prohibition against a health benefit plan issuer ranking or
classifying physicians into tiers or otherwise publishing comparative information
about physicians. It was left pending.
HB 3128 by John Smithee (R-Amarillo) would repeal provisions requiring the
commissioner of insurance to stabilize long-term care premium rates based on
nationally recognized models from 2001. It was left pending. (Note: the companion,
SB 1492, was reported favorably from the Senate Business and Commerce Committee
on April 10, 2017 and recommended for the Local and Uncontested Calendar.)
16
HB 3370 by Tom Craddick (R-Midland) would prohibit an insurer from increasing
premiums or other costs associated with a life insurance policy by more than 10
percent per year. It was left pending.
Also on Tuesday, the House Public Health Committee took up:
HB 785 by John Raney (R-Bryan) would require the Department of State Health
Services to make embryo donation information available online, and would
require a physician who performs a procedure involving the creation of a human
embryo to inform the patient of the option of embryo donation for unused human
embryos. It was left pending.
HB 2249 by J.D. Sheffield (R-Gatesville) would require the Department of State
Health Services to create a biennial report, to be made publicly available, that
includes a report of outbreaks of vaccine preventable diseases and de-identified
immunization exemption information, including the number of persons claiming an
exemption from school immunization requirements. It was left pending.
HB 2425 by Four Price (R-Amarillo) would be the CARE Act and would provide
caregiver training and information to Texans taking care of a loved one released
from a hospital or rehabilitation facility. It was left pending.
HB 2743 by Bill Zedler (R-Arlington) would require a person prescribing or
dispensing a Schedule II controlled substance to use the electronic prescription
record and not a written prescription. It was left pending.
HB 2791 by Ryan Guillen (D-Rio Grande City) would update provisions governing
the state hepatitis C prevention plan to include requirements for testing, and
would specify that the plan must address access for uninsured or underinsured
patients, access in rural or medically underserved areas, telehealth and telemedicine
treatment services. It was left pending.
HB 2818 by Ramon Romero (D-Fort Worth) would clarify provisions relating to the
practice of marriage and family therapy, professional counseling, and chemical
dependency counseling. It was left pending.
HB 2886 by Stephanie Klick (R-Fort Worth) would limit the liability of a healthcare
provider who is unable to apply the prophylaxis to prevent ophthalmia
neonatorum at childbirth due to the objection of the parents, managing
conservator, or guardian of the newborn. It was left pending.
HB 2898 by Larry Gonzales (R-Round Rock) would create the Texas Behavioral
Health Executive Council, and transfer the regulation of sex offender treatment
providers, psychologists, marriage and family therapists, professional counselors,
chemical dependency counselors, and social workers to the Texas Behavioral Health
Executive Council; and would provide civil and administrative penalties, and
authorize a fee. The Texas Behavioral Health Incubation Force would also be
established to assist in the creation of and transfer of regulatory programs to the
executive council. It was left pending.
HB 3266 by Garnet Coleman (D-Houston) would clarify the conduct that constitutes
the practice of psychology. It was left pending.
HB 3296 by Stephanie Klick (R-Fort Worth) would decrease, from 10 to five, the
number of persons that must be regularly employed before nursing peer review
17
committees are required to be established for vocational and professional nurses. It
was left pending.
HB 3576 by Bobby Guera (D-McAllen) would clarify provisions requiring the
collection and release of information on the Zika virus and other high consequence
communicable diseases for statistical and health care purposes. It was left pending.
HB 3885 by Garnet Coleman (D-Houston) would provide employment policy
requirements for a licensed private hospital or licensed private mental hospital or
facility located in an area designated as having a shortage of personal health
services or a population group that has such a shortage, or as having a health
professional shortage, that employs a physician. It was left pending.
And, on Tuesday, the Senate Business and Commerce Committee took up:
SB 1148 by Dawn Buckingham (R-Lakeway) would prohibit a managed care plan
issuer from differentiating among physicians based solely on their maintenance of
certification, and would prohibit the Texas Board of Medical Examiners from
requiring maintenance of certification by an applicant for them to be eligible for a
license to practice medicine. It was left pending.
SB 1339 by Juan “Chuy” Hinojosa (D-McAllen) would clarify requirements for the
licensing and practice of psychological associates. It was left pending.
SB 1413 by Charles Schwertner (R-Georgetown) would clarify that a health
maintenance organization is authorized to contract with an entity that provides a
network of providers of health care services and that such a contract is not subject
to delegation agreement requirements for proof of minimum solvency and reserve
requirements. It was left pending. (Note: the companion, HB 3218, was voted
favorably as substituted from the House Insurance Committee on April 11, 2017.)
SB 1520 by Kelly Hancock (R-North Richland Hills) would prohibit a physician from
charging an excessive fee for copying or providing a copy of a patient’s medical
record to a subsequent physician of the patient, and would authorize the Texas
Medical Board to require a retiring or relocating physician to notify all the patients
and provide the patients an opportunity to request copies of medical or billing
records. It was left pending.
On Wednesday, the House Defense and Veterans’ Affairs Committee took up:
HB 3358 by Scott Cosper (R-Killeen) would require the Texas Board of Nursing to
expedite the issuance of a temporary license by endorsement and the processing of
a permanent nursing license for an applicant who is licensed as a registered nurse
or vocational nurse by another state and who is the spouse of a person who is
serving on active duty as a member of the armed forces of the United States. It was
left pending.
Also on Wednesday, the Senate Health and Human Services Committee took up:
SB 919 by Jose Rodriguez (D-El Paso) would authorize an advanced practice
registered nurse or physician assistant to sign a death certificate or out-of-hospital
do-not-resuscitate order. It was left pending.
18
SB 1599 by Borris Miles (D-Houston) would require the Department of State Health
Services to provide maternal mortality reporting and investigation information
on its Internet website. It was left pending.
SB 1602 by Donna Campbell (R-New Braunfels) would establish abortion
complications reporting requirements for health care practitioners and health
care facilities that provide abortions. A Class A Misdemeanor offense and a cause
for revocation of a license would be established for violations. It was left pending.
SB 1633 by Charles Perry (R-Lubbock) would establish telepharmacy remote
dispensing site license requirements for eligible locations in medically
underserved areas, areas with a medically underserved population, and health
professional shortage areas. It was left pending.
SB 1929 by Lois Kolkhorst (R-Brenham) would extend the sunset review date for
Maternal Mortality and Morbidity Task Force from 2019 to 2023, and update
maternal mortality reporting requirements. It was left pending.
HIGHER EDUCATION:
Passed the House:
HB 846 by John Raney (R-Bryan) would prohibit institutions of higher education
from imposing additional obligations or burdens regarding payment or registration
on Hazelwood students. The committee substitute was adopted and it passed on
Thursday’s Local and Consent Calendar.
On Wednesday, the House Higher Education Committee took up:
HB 17 by J.M. Lozano (R-Kingsville) would establish the Texas Higher Education
Innovation Accelerator to support and accelerate innovation in educational
delivery at institutions of higher education and to advance state educational and
workforce goals. It was left pending.
HB 653 by Travis Clardy (R-Nacogdoches) would expand the Texas Educational
Opportunity Grant Program to all institutions of higher education (instead of twoyear public institutions of higher education). It was left pending.
HB 2155 by Donna Howard (D-Austin) would require school districts to enter into a
memorandum of understanding with at least one institution of higher education
to coordinate efforts in ensuring students are prepared for postsecondary
education opportunities. The memorandum of understanding would have to:
 Provide for joint professional development opportunities for school
counselors and academic advisors to promote collaboration and support the
creation of common practices and terminology relating to college readiness;
 Identify the pathways between the endorsements that are available to
students in the district and degree programs and fields of study relating to
those endorsements that are available at the institution;
 Develop tools based on the pathways identified for school counselors and
academic advisors to assist students in selecting a suitable program of study;
and identify opportunities to increase the cost efficiency and coordination of
related programs in areas that include technology, facilities and equipment,
dual credit course staffing and certification, and transportation.
19
It was left pending.
HB 2431 by Joe Deshotel (D-Beaumont) would allow public state colleges to
participate in the Jobs and Education for Texas (JET) Program. It was left pending.
HB 2536 by Matt Schaefer (R-Tyler) would provide that the information
maintained by the Texas Veterans Commission on Hazelwood tuition and fee
exemptions at institutions of higher education to be maintained in a manner that
does not identify the individual receiving the benefits. It was left pending.
HB 3768 by Donna Howard (D-Austin) would establish the Texas Guided
Pathways Program to inform students by providing clear and efficient pathways to
completion of undergraduate certificates and degrees, including transparent and
easily-accessible recommended higher education course sequences and transfer
compacts. It was left pending.
HB 4089 by Rick Miller (R-Sugar Land) would increase the military service
threshold to qualify for the Hazelwood exemption from 180 days service to two
years of service. It was left pending.
HCR 102 by J.M.Lozano (D-Kingsville) would express legislative support for
prioritizing a substantial increase in funding for graduate medical education
before considering authorizing the creation and support of additional medical
schools. It was left pending.
Also on Wednesday, the Senate Higher Education Committee took up:
SB 803 by Kel Seliger (R-Amarillo) would require the Texas Higher Education
Coordinating Board to study the feasibility of requiring each researcher whose
research is funded by state or federal money to submit to a state agency an
electronic copy of each original research paper by the researcher that is accepted
for publication in a peer-reviewed journal. It was reported favorably and
recommended for the Local and Uncontested Calendar.
SB 1123 by Judith Zaffirini (D-Laredo) would clarify conditions for adopted and
former foster care students to receive tuition and fee exemptions. It was reported
favorably and recommended for the Local and Uncontested Calendar.
SB 1225 by Borris Miles (D-Houston) would include employment at a state
supported living center, or at a state hospital, among the eligibility requirements for
the repayment of physician education loans. It was left pending.
SB 1781 by Royce West (D-Dallas) would increase regulation of degree-granting
postsecondary career schools and colleges by the Texas Higher Education Board.
It was reported favorably as amended. (Note: the companion, HB 4220, is set for a
hearing in the House Higher Education Committee on April 19, 2017.)
SB 2048 by Paul Bettencourt (R-Houston) would eliminate the Texas Opportunity
Plan Fund and replace it with the student loan auxiliary fund. It was reported
favorably and recommended for the Local and Uncontested Calendar.
HUMAN RESOURCES/EMPLOYMENT:
Passed the House:
HB 88 by Armando “Mando” Martinez (D-Weslaco) would make it an unlawful
employment practice if an employer does not treat foster children as biological or
adopted children when administering a leave policy which permits employees to
20
take leave to care for sick children. It passed on Thursday’s Local and Consent
Calendar.
HB 1432 by Hubert Vo (D-Houston) would authorize the Texas Workforce
Commission to cash a warrant or negotiable instrument with a restricted or
conditional endorsement without settling the amount of money due to the
commission. The committee substitute was adopted and it passed on Thursday’s Local
and Consent Calendar.
HB 1433 by Hubert Vo (D-Houston) would suspend the statute of limitations during
a pending judicial proceeding involving an unemployment compensation claim.
The committee substitute was adopted and it passed on Thursday’s Local and Consent
Calendar.
On Monday, the House Business and Industry Committee took up:
HB 1801 by Cesar Blanco (D-El Paso) would prohibit employment discrimination
against military service members and military veterans. It was left pending.
On Wednesday, the House Defense and Veterans’ Affairs Committee took up:
HB 1803 by Cesar Blanco (D-El Paso) would require the Texas Veterans
Commission to make available on its Internet website a list of each private employer
that has adopted a veteran’s employment preference policy. It was left pending.
(Note: the companion, SB 588, is on the Senate Intent Calendar for April 18, 2017.)
Also on Wednesday, the House Juvenile Justice and Family Issues Committee
took up:
HB 3477 by Victoria Naeve (D-Dallas) would prohibit an adverse employment
action against an employee who in good faith reports child abuse or neglect. It was
left pending.
INSURANCE:
On Tuesday, the House Insurance Committee took up:
HB 1297 by John Frullo (R-Lubbock) would create a specialty self-insured health
benefit plan certification for insurance agents who have completed training in the
law applicable to self-insured health benefit plans, and who have completed a
course an exam approved by Texas Insurance Commissioner. It was left pending.
HB 2146 by Yvonne Davis (D-Dallas) would prohibit a residential property
insurance policy from denying a claim or reducing the amount paid for loss or
damage to property if the loss or damage is not obvious or readily apparent to the
insured and the denial or reduction is based on the insured’s failure to file the claim
before the insured discovers the loss or damage or reasonably should have
discovered the loss or damage. It was left pending.
HB 2148 by Yvonne Davis (D-Dallas) would require (instead of allow) the
Commissioner of Insurance to adopt rules requiring all types of water damage
claims to receive more prompt, efficient and effective processing and handling of
claims. It was left pending.
HB 3202 by John Smithee (R-Amarillo) would clarify that reports related to
information involving a solvency examination of an insurance carrier is
21
confidential and exempt from disclosure. It was left pending. (Note: the companion,
SB 1073, was reported favorably as substituted from the Senate Business and
Commerce Committee.)
HB 3579 by Larry Phillips (R-Sherman) would provide that if a residential
property policy provides coverage for loss resulting from continuous or repeated
seepage or leakage of water or steam, the insurer must not deny a claim based on
the duration of the seepage or leakage if the insured notifies the insurer within 30
days after the loss was discovered. It was left pending.
HB 3804 by Travis Clardy (R-Nacogdoches) would prohibit an automobile
insurance policy from limiting the insurer’s coverage under a policy covering
damage to a motor vehicle by intimidating, coercing, or threatening the beneficiary
to induce the beneficiary to use a particular repair person or facility; or offering an
incentive or inducement, other than a warranty issued by a repair person or facility,
for the beneficiary to use a particular repair person or facility. It was left pending.
Also on Tuesday, the Senate Business and Commerce Committee took up:
SB 1449 by Larry Taylor (R-Friendswood) would clarify that an insurer’s
compliance with National Association of Insurance Commissioners (NAIC)
requirements adopted into statute would mean the latest version of the NAIC rule,
regulation, directive, or standard in place on the date that the statute was enacted. It
was left pending.
SB 1450 by Larry Taylor (R-Friendswood) would prohibit the Commissioner of
Insurance from adopting or enforcing a rule that implements an interstate,
national or international agreement that infringes on the authority of the state to
regulate insurance in the state and was not approved by the legislature. It was left
pending.
SB 1490 by Judith Zaffirini (D-Laredo) would require the premium surcharge
assessed against an insured convicted of driving under the influence to be stated
in the insurer’s rating plan instead of prescribed by the Department of Insurance. It
was left pending. (Note: the companion, HB 2372, was heard in the House Insurance
Committee on April 11, 2017 and left pending.)
SB 1491 by Judith Zaffirini (D-Laredo) would allow property and casualty insurance
companies with adequate capital and surplus to apply to the Texas Department of
Insurance for designation as a domestic surplus lines insurer. It was left pending.
PRIVACY:
On Monday, the House Government Transparency and Operation Committee
took up:
HB 2192 by Cesar Blanco (D-El Paso) would require state agencies to conduct a
comprehensive information security assessment of the agency’s information
resources systems, network systems, digital data storage systems, digital data
security measures and information resources vulnerabilities at least once every five
years. It was initially left pending but on Wednesday, it was reported out favorably.
HB 3274 by Giovanni Capriglione (R-Keller) would require the governor and
lieutenant governor to jointly appoint a chief innovation and technology officer
22
for the office of the governor to work to establish Texas as a new frontier for
innovation and technology. It was left pending.
HB 3491 by Morgan Meyer (R-Dallas) would prohibit governmental entities from
capture or possessing a biometric identifier of an individual or require a biometric
identifier as a prerequisite for providing a governmental service to the individual
unless the governmental body has specific, explicit statutory authority that allows
the governmental body to capture or posses the biometric identifier. It was left
pending.
On Tuesday, the Senate Business and Commerce Committee took up:
SB 1910 by Judith Zaffirini (D-Laredo) would institute several data security
requirements for state agencies. It was left pending.
PROCUREMENT:
On Monday, the House Government Transparency and Operation Committee
took up:
HB 2234 by Matt Shaheen (R-Plano) would authorize other state governments,
agencies of other states, or other governmental entities to purchase goods or
services through the comptroller. It was left pending.
HB 3275 by Giovanni Capriglione (R-Keller) would require the Quality Assurance
Team to monitor major information resources projects for the entire life cycle of
the project and to develop performance indicators the team is required to monitor.
It would require the Quality Assurance Team’s annual report to include the current
status of each major information resources project and information regarding its
performance indicators. It was initially left pending, but on Wednesday, it was
reported out favorably and recommended for the Local and Consent Calendar.
On Tuesday, the Senate Business and Commerce Committee took up:
SB 262 by Judith Zaffirini (D-Laredo) would require the Department of Information
Resources, in cooperation with state agencies, to monitor and verify the purchase
transaction reports submitted by vendors reflecting monthly sales of commodity
items on the department’s list of commodity items available for purchase through
the department that have a lower price than the prices for commodity items
otherwise available to state agencies. It was left pending.
SB 632 by Dawn Buckingham (R-Lakeway) would repeal Section 2155.086 of the
Government Code giving the Comptroller oversight over telecommunications
contracts; and would abolish the Statewide Procurement Advisory Council. It was
left pending. (Note: the companion, HB 1116, is set on the House Calendar for April 17,
2017.)
On Wednesday, the House State Affairs Committee took up:
HB 1489 by Eric Johnson (D-Dallas) would prohibit state agency heads from
receiving a salary increase or bonus in a state fiscal year the state agency did n to
meet the agency’s established goals for contracting with historically
underutilized businesses during the preceding fiscal year. It was left pending.
23
HB 2780 by Chris Paddie (R-Marshall) would require state agencies to use iron and
steel produced in the United States in the construction projects unless the
preference would increase the total cost of the project by more than 20 percent. It
was left pending. (Note: the companion, SB 1289, is scheduled for a hearing on
Tuesday in the Senate Business and Commerce Committee.)
PROPERTY:
On Monday, the House Business and Industry Committee took up:
HB 2832 by Rene Oliveira (D-Brownsville) would require 10 days notice by a
property owner to the mortgage servicer before entering into a contract with a
property tax lender. It was initially left pending, but on Wednesday, it was voted out
favorably.
Also on Monday, the House Licensing and Administrative Procedures
Committee took up:
HB 1120 by Drew Springer (R-Muenster) would require advance notification of
projects that require Americans With Disabilities Act (ADA) compliance and
ensure those plans are ADA compliant before receiving a certificate of occupancy. It
was left pending.
And, on Monday, the Senate Agriculture, Water and Rural Affairs Committee
took up:
SB 873 by Brandon Creighton (R-Conroe) would require tenants to exhaust
administrative remedies before bringing suit against a property owner for
overcharging a tenant for submetered or nonsubmetered utility services. It was
reported favorably as substituted. It is on Tuesday’s Senate Intent Calendar (first
placement).
On Tuesday, the House Judiciary and Civil Jurisprudence Committee took up:
HB 1892 by Lina Ortega (D-El Paso) would require cases related to a substandard
building determination to be expedited. It was left pending.
On Wednesday, the House Land and Resource Management Committee took up:
HB 1135 by Paul Workman (R-Austin) would provide that if a governmental entity
requires more than 55 percent of the surface area of an owner’s private property to
remain undeveloped, the entity must acquire the property as a conservation
easement and compensate the property owner. It was left pending.
HB 1882 by Tracy King (D-Batesville) would allow the University of Texas System
Board of Regents to grant or renew easements or other interests in such land for a
term longer than 10 years or to charge below market rate rent for those interests if
the interest is granted or renewed to a river authority or an electric cooperative. It
was left pending.
HB 2090 by Gary VanDeaver (R-New Boston) would define compensation for
heritage property (property that has been continuously owned within the same
family for 100 or more years) acquired through eminent domain to provide that a
bona fide offer would be equal to or great than 150 percent of the amount of the
24
written appraisal and the damages, if any, to any of the property owner’s remaining
property. It was left pending.
HB 2556 by Justin Holland (R-Rockwall) would require a bona fide offer for
property by an acquiring entity through eminent domain to take into consideration
any construction, maintenance, repair, replacement, or removal of a structure on the
owner’s property made necessary by the proposed acquisition and any replacement,
relocation, or removal of or injury to any other property located on or affixed to the
owner’s land, including livestock, growing, crops or other growing plants. It was left
pending.
HB 2684 by DeWayne Burns (R-Cleburne) would require that a bona fide offer to
acquire a transmission right-of-way easement using eminent domain authority
the purchaser must include a copy of the easement to be obtained that includes
information regarding the size and location of the easement, specifications of the
line to be built and owner’s rights. It was left pending.
HB 2694 by Kyle Kacal (R-College Station) would codify minimum requirements for
a bona fide offer for the acquisition of property by an entity with eminent
domain authority for a pipeline right-of-way easement and an electrical
transmission right-of-way easement. It would prohibit use of the property being
conveyed for any purpose without the written consent of the property owner;
would require a covenant that the entity would indemnify and hold the property
owner harmless against any claim arising out of the use of the condemned property;
and could require a covenant that the entity will secure and keep in full force
liability insurance. It was left pending.
HB 3170 by Cecil Bell, Jr. (R-Magnolia) would require an acquiring entity in an
eminent domain proceeding to disclose to the property owner any new, amended,
or updated appraisal report produced or acquired by or on behalf of the acquiring
entity. It was left pending.
HB 3687 by Trent Ashby (R-Lufkin) would require that a bona fide offer to acquire
a transmission right-of-way easement using eminent domain authority the
purchaser must include a copy of the easement to be obtained that includes
information regarding the size and location of the easement, specifications of the
line to be built and owner’s rights. It was left pending.
HB 3787 by Cecil Bell, Jr. (R-Magnolia) would prohibit a municipality or county
from enforcing an ordinance or regulation that prohibits or restricts the use or
development of a property owner’s property if the ordinance or regulation was
not in effect on the date the property owner acquired title to the property. It was left
pending.
On Thursday, the House County Affairs Committee took up:
HB 295 by Armando Walle (D-Houston) would allow Harris County to regulate
sound amplification above 85 decibels at a distance of 50 feet from the property
line. It was left pending.
PUBLIC EDUCATION:
On Monday, the House Public Education Committee’s Subcommittee on
Educator Quality took up:
25
HB 1867 by Mary Gonzalez (D-El Paso) would require the local innovation plan of a
school district of innovation to include educator certification requirements and
federal law requirements regarding assignment of appropriately certified
educators for bilingual education and special education. It was left pending.
HB 2039 by Dan Huberty (R-Humble) would require the State Board of Education to
establish an early childhood certificate for teachers that receive special training
in early childhood education focusing on prekindergarten through grade three. It
was initially left pending but on Wednesday, it was voted out of the Public Education
Committee.
HB 2775 by Dade Phelan (R-Port Neches) would require educator preparation
program support to allow required formal observation to occur on the candidate’s
site or through use of electronic transmission or other video-based or technologybased method. It was left pending.
HB 2924 by Dwayne Bohac (R-Houston) would provide that internships under the
education preparation program require no more then five field supervisor visits
and allow at least three of the field supervisor visits be provided by video, the
Internet or another remote technological method. It was left pending. (Note: the
companion, SB 1278, was heard in the Senate Education Committee and left pending.)
HB 2941 by Harold Dutton (D-Houston) would allow school districts to adopt a plan
to increase teacher quality and performance including teacher performance
appraisals, professional development opportunities, peer mentoring opportunities,
career advancement opportunities, and decisions relating to compensation. It was
left pending.
HB 3044 by Dan Huberty (R-Houston) would allow the field-based experience
required in a teacher preparation program to be obtained up to two years prior to
admission in an educator preparation program. It was left pending.
HB 3349 by Barbara Gervin-Hawkins (D-San Antonio) would require the State
Board for Educator Certification to establish an abbreviated educator preparation
program for a person seeking certification in trade and industrial workforce
training. It was left pending.
HB 3563 by Linda Koop (R-Dallas) would conform parental notification
requirements regarding teacher qualifications with the Every Student Succeeds
Act. It was initially left pending, but was voted favorably out of the House Public
Education Committee on Wednesday.
HB 3692 by Joe Deshotel (D-Beaumont) would prohibit teacher performance to
be based in any part on student performance on assessment instruments. It was left
pending.
On Tuesday, the House Public Education Committee took up:
HB 168 by Eddie Lucio, III (D-Brownsville) would require the Department of Family
and Protective Services to develop a voluntary program that recognizes beforeschool and after-school programs that promote healthy eating and physical
activity with bronze, silver and gold recognitions. It was left pending on Tuesday, but
on Wednesday, it was voted out favorably as substituted.
HB 895 by Dwayne Bohac (R-Houston) would remove the restriction on funding for
full-time online educational programs. It was left pending.
26
HB 1114 by Cindy Burkett (R-Sunnyvale) would provide that if the district
anticipates providing less than 180 days of instruction for students during a school
year, the district would be allowed to reduce the number of teacher in-service
days proportionately; however, the district could not reduce an educator’s salary. It
was left pending. (Note: the companion, SB 1634, passed the Senate on April 11, 2017.)
HB 1540 by Justin Rodriguez (D-San Antonio) would require high school
counselors to provide in his/her information about postsecondary education to
students and parents information on the importance of selecting a major or field
of study before, or as soon as possible after, enrollment at a postsecondary
educational institution and the potential consequences of delaying that decision,
particularly if the student intends to transfer between postsecondary educational
institutions. It was left pending.
HB 1585 by Jim Murphy (R-Houston) would require school districts to receive
student input before adopting a major curriculum initiative.
HB 1593 by Dwayne Bohac (R-Houston) would require the engagement strategies
included in a school district’s family engagement plan to include programs and
interventions that engage a family in supporting a student’s learning at home. It was
left pending.
HB 1638 by Ryan Guillen (D-Rio Grande City) would require the Texas Education
Agency and the Texas Higher Education Coordinating Board to jointly develop
statewide goals for dual credit programs, including early college high school
programs, career and technical education dual credit programs, and joint high
school and college credit programs to provide uniform standards for evaluation the
programs. It was left pending.
HB 1980 by Gary VanDeaver (R-New Boston) would allow for individual graduation
committees for students that transfer to a public school in Texas after the
student’s junior year of high school and would require the student to receive a
high school diploma if the student performs satisfactorily on one or more
alternative nationally recognized norm-referenced assessment instruments and
completed coursework determined by the committee to be sufficient for the award
of a high school diploma. It was left pending on Tuesday, but on Wednesday, it was
voted out favorably as substituted.
HB 2087 by Gary VanDeaver (R-New Boston) is a student data privacy bill that
would prohibit an operator from knowingly:
 Engage in targeted advertising on any website, online service, online
application, or mobile application if the target of the advertising is based on
any information that the operator has acquired through the use of the
operator’s website, online service, online application or mobile application
for a school purpose.
 Use information, including persistent unique identifiers, created or gathered
by the operator’s website, online service, online application, or mobile
application, to create a profile about a student unless the profile is created
for a school purpose; or
 Sell or rent any student’s covered information.
It was left pending.
27
HB 2185 by Matt Krause (R-Fort Worth) would require municipalities to consider
an open-enrollment charter school a school district for purposes of zoning,
permitting, code compliance and development; and it would clarify that an openenrollment charter school is not a political subdivision or governmental entity. It
was left pending.
HB 2614 by Dan Huberty (R-Humble) would allow (instead of require) school
districts to administer to students in the 10th grade an established, valid, reliable,
and nationally norm-referenced preliminary college preparation assessment
instrument for the purpose of measuring a student’s progress toward college and
career readiness. It was left pending.
HB 2729 by Eddie Lucio, III (D-Brownsville) would require Texas Education
Agency, the Texas Higher Education Coordinating Board, and the Texas Workforce
Commission to jointly develop and post on their respective Internet websites an
inventory of industry-recognized credentials and certificates that may be earned
by a public high school student through a career and technology education
program. On Tuesday, it was left pending, but on Wednesday it was voted out
favorably.
HB 2884 by Alma Allen (D-Houston) would require daily physical activity for at
least 30 minutes for six (instead of four) semesters for students in grades six, seven,
and eight; and would require the Texas Education Agency to develop and institute
policies on the recess period that encourage constructive, age-appropriate outdoor
playtime. It was left pending.
HB 3106 by Wayne Faircloth (R-Dickinson) would provide additional state aid for
facility renovation, repair, and replacement for five years after an academically
unacceptable school district is annexed to another school district. It was left
pending.
HB 3145 by Joe Deshotel (D-Beaumont) would require school districts to review the
policy recommendations of the local school health advisory council before adopting
a recess policy. It was left pending.
HB 3251 by Ken King (R-Canadian) would eliminate current language allowing the
adjustment for school districts experiencing rapid decline in property values to
be reduced if a sufficient amount of money is not available to fund all adjustments. It
was left pending.
HB 3318 by Lance Gooden (R-Terrell) would require innovation school districts
to post a copy of the district’s local innovation on the district’s Internet website. It
was left pending.
HB 3369 by Dan Huberty (R-Humble) would require the personnel involved in the
diagnostic and evaluative procedures related to special education are
appropriately trained, including training in linguistic and culturally appropriate
evaluations, and have appropriate assessment instruments available in languages
other than English to the extent possible. It was left pending.
HB 3438 by Linda Koop (R-Dallas) would clarify school district bonding
authority and the role of the Texas Public Finance Authority. It was left pending.
HB 3593 by Diego Bernal (D-San Antonio) would integrate cybersecurity and
computer coding into the public education curriculum. It was left pending on
Tuesday, but on Wednesday, it was voted out favorably as substituted.
28
HB 3795 by Harold Dutton (D-Houston) would include open-enrollment charter
school students in the computation of a district’s weighted average daily
attendance. It was left pending.
Also on Tuesday, the Senate Education Committee took up:
SB 196 by Sylvia Garcia (D-Houston) would require school that do not have a fulltime nurse, school counselor or librarian to give written notice to the parents of
each student enrolled in the school. It was left pending.
SB 463 by Kel Seliger (R-Amarillo) would remove the sunset date on individual
graduate committees. It was left pending.
SB 1220 by Borris Miles (D-Houston) would require the Texas Education Agency to
develop procedures to ensure that a new school relies on decisions made by a
previous school regarding placement of a homeless student and students in
substitute care in comparable courses or educational programs if they are available;
and would require the Department of Family and Protective Services to assist foster
care youth and former foster care youth in obtaining a high school diploma or
high school equivalency certificate and industry certifications that are necessary
for occupations in high demand fields. It was left pending.
SB 1353 by Larry Taylor (R-Friendswood) would provide additional state aid for
facility renovation, repair, and replacement for five years after an academically
unacceptable school district is annexed to another school district. It was left
pending.
SB 1404 by Bryan Hughes (R-Mineola) would require school districts to report the
number and percentage of students enrolled at a campus in a voluntary afterschool program and a voluntary summer program. It was left pending.
SB 1481 by Larry Taylor (R-Friendswood) would change the instructional materials
allotment to the instructional materials and technology allotment. And, it would
prohibit school districts from using money in their instructional materials and
technology account until the district has submitted and obtained peer review
certification of the district’s technology plan. It would require the State Board of
Education to limit adoption of instructional materials to provide sufficient resources
to purchase technology resources, including digital curriculum. It was left pending.
SB 1854 by Carlos Uresti (D-San Antonio) would require campus-level committees
to review every six months the paperwork requirements imposed on classroom
teachers and recommend to the board of trustees paperwork responsibilities that
can be transferred to non-instructional staff. It was left pending.
SB 1903 by Royce West (D-Dallas) would require the Texas Education Agency and
the Texas Higher Education Coordinating Board to jointly develop statewide goals
for dual credit programs, including early college high school programs, career and
technical education dual credit programs, and joint high school and college credit
programs to provide uniform standards for evaluation the programs. It was left
pending. (Note: the companion, HB 1638, was heard in the House Public Education
Committee on April 11, 2017 and left pending.)
TAX:
Passed the House:
29
HB 217 by Terry Canales (D-Edinburg) would add disabled veterans to the list of
eligible homeowners who can defer the collection of property tax on their
homestead. It passed on Thursday’s Local and Consent Calendar.
HB 455 by Will Metcalf (R-Conroe) would allow a property owner to appear by
telephone at an appraisal review board hearing if evidence is submitted by
affidavit prior to the hearing. The committee substitute was adopted and it passed on
Thursday’s Local and Consent Calendar.
HB 457 by Justin Holland (R-Heath) would maintain the confidentiality of the
home address in ad valorem tax records of a spouse, surviving spouse, or adult
child of a peace officer. The committee substitute was adopted and it passed on
Thursday’s Local and Consent Calendar.
On Monday, the Senate Finance Committee took up:
SB 521 by Brandon Creighton (R-Conroe) would prohibit an appraisal district
employee from testifying on the value of real property in an appeal unless the
employee is authorized to perform an appraisal as a certified or licensed real estate
appraiser. It was left pending.
SB 1286 by Paul Bettencourt (R-Houston) would require parties to a protest
before an Appraisal Review Board (ARB) to provide a copy of their materials on a
form prescribed by the comptroller; would allow the ARB to retain the material as
part of the hearing record; would require audiovisual equipment for a property
owner to use upon request; and would require removal of an arbitrator that has
repeated bias or misconduct. It was reported favorably as substituted and
recommended for the Local and Uncontested Calendar. It is on the Senate Intent
Calendar for Tuesday, April 18, 2017 (first placement).
SB 1360 by Kirk Watson (D-Austin) would prescribe the methodology to compute
taxes imposed on an owner’s property by a Chapter 41 school district for tax
notice purposes. It was left pending.
SB 1407 by Van Taylor (R-Plano) would require a tax bill from a school district
subject to recapture to list on the tax bill the percentage of taxes used to make
recapture payments. It was left pending.
SB 1713 by Carlos Uresti (D-San Antonio) would define seller and retailer to include
a person who is a marketplace provider or referrer. It would stipulate that a
retailer is engaged in business in this state if the retailer engages in any part of a
sale, lease, or rental of a taxable item to a purchaser in this state, regardless of
whether the retailer contracts with a third party to perform all or any part of the
transaction, or whether the retailer performs all or any part of the transaction
through an entity in which the retailer holds a substantial ownership interest or that
holds a substantial ownership interest in the retailer. The marketplace provider
would not be required to collect a use tax that is due from a purchaser if the retailer
for whom the marketplace provider facilitates the sale, lease, or rental collects the
tax from the purchaser. In support were representatives of BookPeople, Center for
Public Policy Priorities, Kirk Root Jewelry Designs, Precision Camera, International
Council of Shopping Centers, Home Depot, Texas Municipal League, MuniServices,
Texas Retailers Association and National Federation of Independent Business-Texas.
30
In opposition were representatives of Texas Taxpayers and Research Association
and TechNet. It was left pending.
SB 1847 by Paul Bettencourt (R-Houston) would allow a taxpayer to file a motion
for correction of the appraisal roll for the current year and preceding two years if
the correction would correct an error or omission in a rendition report, but only if
the rendition had been timely filed. It was reported out favorably and recommended
for the Local and Uncontested Calendar. It is on the Senate Intent Calendar for
Tuesday, April 18, 2017.
SB 2061 by Lois Kolkhorst (R-Brenham) would change the limit on an ad valorem
tax appraisal roll correction from one-third of the correct appraised value to the
market value or median appraised value of a reasonable number of comparable
properties. It was left pending.
SB 2207 by Kelly Hancock (R-North Richland Hills) would give a property owner a
right to appeal an increase in the appraised value if the value was lowered in the
preceding tax year, would limit the appeal to the issue of whether the chief
appraiser met the substantial evidence burden of proof, and allow the court to
award attorneys fees and court costs to a prevailing party. It was left pending.
On Wednesday, the House Ways and Means Committee took up:
HB 643 by Larry Phillips (R-Sherman) would remove the requirement that land be
appraised as qualified open-space land prior to qualifying for wildlife management
land. It was left pending.
HB 1211 by Larry Phillips (R-Sherman) would change the penalty for a change of
use of open-space land from five years to three years imposed at market value plus
an annual interest rate of 5 percent instead of 7 percent. It was left pending.
HB 1621 by Dwayne Bohac (R-Houston) would authorize a corporation that had
unused franchise tax credits prior to January 1, 2008 under the old franchise tax to
transfer the right to all or part of the expired credits to another taxpayer. Credits
could not apply after August 31, 2019. It was left pending.
HB 1626 by Roland Gutierrez (D-San Antonio) would provide that a tax abatement
agreement on real property in a tax increment financing reinvestment zone
would not have to be approved by the board of directors of the reinvestment zone
and the governing body of each taxing unit in the tax increment reinvestment zone if
the agreement entered into by a taxing unit does not deposit any of its tax increment
into the tax increment fund for the zone. It was left pending.
HB 1833 by Harold Dutton (D-Houston) would exempt property from ad valorem
taxation during the period between the issuance of a judgment foreclosing a tax
lien and the sale of the property at a tax sale. It was left pending.
HB 2171 by Ryan Guillen (D-Rio Grande City) would require the comptroller within
30 days of a refund claim or credit taken to notify a local taxing entity if its portion
of the amount is five percent or more of the local taxes it received in the prior year.
It was left pending.
HB 2453 by Eddie Lucio, III (D-Brownsville) would institute a premium tax credit if
the entity holds a qualified equity investment in a community development entity.
It was left pending.
31
HB 2560 by Tracy King (D-Batesville) would delete references to leasing or renting
heavy equipment for purposes of appraising dealer’s inventory. It was left
pending.
HB 2654 by Lynn Stucky (R-Sanger) would clarify that a county tax assessorcollector who performs duties related to collection of assessments imposed by a
local government related to Property Assessed Clean Energy (PACE) projects is
not personally liable as a result of exercising those duties. It was left pending.
HB 2756 by Byron Cook (R-Corsicana) would change from 30 days to 90 days the
deadline to file a petition for redetermination or a refund with the comptroller;
and would authorize a taxpayer who is dissatisfied with the decision on a motion for
redetermination to file a motion for rehearing. It was left pending.
HB 2906 by Richard Raymond (D-Laredo) would allow a taxpayer to file a motion
for correction of the appraisal roll for the current year and preceding two years if
the correction would correct an error or omission in a rendition report, but only if
the rendition had been timely filed. It was left pending.
HB 3232 by Drew Darby (R-San Angelo) would provide an exception to the five
percent penalty for delinquent payment of oil and gas severance taxes if the
delinquency results from the filing of an amended report. It was left pending.
HB 3345 by Drew Springer (R-Muenster) would include in the definition of “passive
entity” interest income by a person in the business of making loans to the general
public. It was left pending.
HB 3466 by Tracy King (D-Uvalde) would clarify provisions regarding ad valorem
taxes on dealer’s heavy equipment inventory. It was left pending.
HB 3614 by Geanie Morrison (R-Victoria) would clarify the definition of new oil
and gas property for county property tax purposes. It was left pending.
HB 3714 by Gina Hinojosa (D-Austin) would provide businesses with 500
employees or less a franchise tax credit for contributions made to the dependent
care flexible spending account of each employee who receives an annual salary of
$65,000 or less. It was left pending.
HB 3908/HJR 115 by Dennis Bonnen (R-Angleton) would provide a property tax
exemption for peace officers who purchase a home in a qualified high-crime area.
They were left pending.
HB 4002 by Dennis Bonnen (R-Angleton) it would clarify that the word production
for purposes of the cost of goods sold deduction would mean construction,
manufacture, development, mining, extraction, improvement, creation, raising, or
growth. It was left pending.
HB 4052 by Jim Murphy (R-Houston) would clarify that temporary employment
services are exempt from the sales tax, and would establish that an employee of a
temporary employment service is under the supervision of an employer if the
employer has the sole right to direct and control the employee as necessary to
conduct the employer’s business or to comply with any licensing, statutory, or
regulatory requirement applicable to the employer. It was left pending. (Note: the
companion, SB 745, passed the Senate on April 4, 2017. It has not been referred to
committee in the House.)
HB 4054 by Jim Murphy (R-Houston) would exempt baked goods from the sales
tax. It was left pending.
32
HB 4293 by Tom Craddick (R-Midland) would allow the governing body of a taxing
unit to waive penalties and interest on a delinquent tax if the taxpayer submits
evidence showing that the delinquency was not intentional or the result of
conscious indifference. It was left pending.
HJR 113 by Giovanni Capriglione (R-Keller) would propose a constitutional
amendment authorizing the legislature to exempt precious metals held by the
Texas Bullion Depository from ad valorem taxes. It was left pending.
TECHNOLOGY:
On Monday, the House Government Transparency and Operation Committee
took up:
HB 624 by Jeff Leach (R-Plano) would allow a district clerk to post an official and
legal notice by electronic display, instead of posting a physical document. It was
left pending on Monday, but on Wednesday, it was reported favorably and
recommended for the Local and Consent Calendar.
TORT:
On Tuesday, the House Judiciary and Civil Jurisprudence Committee took up:
HB 2122 by Travis Clardy (R-Nacogdoches) would be the Uniform ForeignCountry Money Judgments Recognition Act. It was left pending. (Note: the
companion, SB 944, passed the Senate on Monday.)
HB 2269 by Mike Schofield (R-Katy) would provide that a children’s isolation unit
that has instituted isolation protocols would not be liable for any claim, damage, or
loss arising from the provision of health care services to children with highly
contagious diseases, unless the act or omission proximately causing the claim,
damage or loss constitute gross negligence or willful misconduct. It was left pending.
HB 2770 by John Smithee (R-Amarillo) would allow a suit to declare that a person
operating a web address or computer network is maintaining a common
nuisance to be brought by an individual, the attorney general, or by a district,
county, or city attorney. It was left pending. (Note: the companion, SB 1196, was
reported favorably as substituted from the Senate Criminal Justice Committee and
recommended for the Local and Uncontested Calendar.)
HB 2891 by John Smithee (R-Amarillo) would prescribe a form for medical
authorization to release protected health information in a health care liability
claim. It was left pending.
TRANSPORTATION:
On Wednesday, the Senate Transportation Committee took up:
SB 1133 by Juan “Chuy” Hinojosa (D-McAllen) would define property owned by a
navigation district as public property and exempt the district and the district’s
property from state and local taxes and assessments. It was voted out favorably.
WORKERS’ COMPENSATION:
Passed the House:
HB 2060 by Rene Oliveira (D-Brownsville) would remove the one-year of workers’
compensation experience requirement to become an ombudsman. It passed on
33
Thursday’s Local and Consent Calendar. (Note: the companion, SB 1497, was voted out
favorably from the Senate Business and Commerce Committee on April 11, 2017.)
HB 2111 by Ramon Romero (D-Fort Worth) would change statutory references of
hearing officer to administrative law judge. It passed on Thursday’s Local and
Consent Calendar. (Note: the companion, SB 1493, was voted favorably from the
Senate Business and Commerce on April 11, 2017.)
HB 2112 by Ramon Romero (D-Fort Worth) would change statutory references of
Department of Assistive and Rehabilitative Services to Texas Workforce
Commission and would update requirements to mail certain documents to simply
send the documents. It passed on Thursday’s Local and Consent Calendar. (Note: the
companion, SB 1496, was reported favorably from the Senate Business and Commerce
Committee and recommended for the Local and Uncontested Calendar.)
On Monday, the House Business and Industry Committee took up:
HB 1456 by John Smithee (R-Amarillo) would remove the requirements to pay an
administrative penalty to the Division of Workers’ Compensation while the matter
is on appeal to District Court. It was left pending on Monday, but on Wednesday, it
was reported out favorably and recommended for the Local and Consent Calendar.
HB 1678 by Mike Schofield (R-Katy) would make communications regarding
workers’ compensation claims between an insurance carrier and policyholder
privileged from disclosure. It was left pending.
HB 1689 by Dustin Burrows (R-Lubbock) would clarify that political subdivisions
and the State Office of Risk Management do not have immunity from sanctions
imposed by the Division of Workers’ Compensation. It was left pending.
HB 2056 by Rene Oliveira (D-Brownsville) would allow the Department of Workers’
Compensation to request and receive any contracts between a designated doctor
and his/her agent. It was left pending on Monday, but on Wednesday, it was reported
out favorably and recommended for the Local and Consent Calendar. (Note: the
companion, SB 1495, was voted out of the Senate Business and Commerce Committee
on Tuesday and recommended for the Local and Uncontested Calendar.)
HB 2057 by Rene Oliveira (D-Brownsville) would require political subdivisions
that self-insure workers’ compensation coverage either individually or collectively
to pay attorney’s fees in subrogation cases as provided by Section 417.033 of the
Labor Code. It was left pending on Monday, but on Tuesday, it was reported out
favorably and recommended for the Local and Consent Calendar. (Note: the
companion, SB 877, was reported out of the Senate Business and Commerce Committee
on Tuesday and recommended for the Local and Uncontested Calendar.)
HB 2058 by Rene Oliveira (D-Brownsville) would allow the Department of Workers’
Compensation to exempt from preauthorization and concurrent review workhardening or work-conditioning services provided by a health care facility that is
credentialed by an organization designated by commissioner rule. It was left
pending on Monday, but on Wednesday, it was reported out of committee and
recommended for the Local and Consent Calendar. (Note: the companion, SB 1494,
was reported out of the Senate Business and Commerce Committee on Tuesday and
recommended for the Local and Uncontested Calendar.)
34
HB 2061 by Rene Oliveira (D-Brownsville) would require the party appealing a
workers’ compensation decision to district court to file a copy of the petition
with the Department of Workers’ Compensation (DWC) and would require the
complete terms of any proposed settlement of a matter in District Court to be made
known to the DWC. It was left pending on Monday, but on Wednesday, it was
reported out favorably and recommended for the Local and Consent Calendar.
(Note: the companion, SB 876, was reported out of the Senate Business and Commerce
Committee on Thursday and recommended for the Local and Uncontested Calendar.)
HB 2546 by John Zerwas (R-Fulshear) would allow reports that are required to be
submitted to the Division of Workers’ Compensation or any party be signed by a
licensed physician assistant. It was left pending on Monday, but on Tuesday, it was
voted out favorably as substituted.
HB 2830 by Rene Oliveira (D-Brownsville) would allow the Division of Workers’
Compensation to exclude compounded pharmaceutical medications from the
closed formulary. It was left pending.
HB 3702 by Yvonne Davis (D-Dallas) would inform injured workers of their right to
choose a treating doctor. It was left pending.
HB 4039 by Rene Oliviera (D-Brownsville) would add additional factors for the
Commissioner of Workers’ Compensation to consider when assessing an
administrative penalty and stop penalties for electronic data interchange
violations when a good faith effort to comply has been demonstrated. It was left
pending. (Note: the companion, SB 1895, was voted favorably from the Senate Business
and Commerce Committee on Tuesday.)
WORKFORCE:
Passed the House:
HB 1508 by Helen Giddings (D-Dallas) would require entities that provide an
educational program to prepare an individual for issuance of an initial occupational
license to notify each applicant to and enrollee in the educational program of the
potential ineligibility of an individual who has been convicted of an offense for
issuance of an occupational license on completion of the educational program. It
passed on Thursday’s Local and Consent Calendar.
Texas Transition Alliance – On Tuesday, Governor Greg Abbott announced the
Texas Transition Alliance aimed at expanding employment and training
opportunities for military service members and their families. The new program is a
partnership among Operation Welcome Home, the Governor’s Tri-Agency
Workforce Initiative in which he charged the Texas Workforce Commission, Texas
Education Agency and the Higher Education Coordinating Board to identify gaps in
employment and education services – including those for veterans, and a number of
veteran- and employment-specific organizations. The program is designed to assist
veterans and their families in the transition from active duty to civilian life.
Also on Tuesday, the Senate Natural Resources and Economic Development took
up:
35
SB 2027 by Jose Rodriguez (D-El Paso) would require the Health and Human
Services Commission in conjunction with the Texas Workforce Commission to
conduct a regional study of occupational training programs available for
individuals with an intellectual disability. It was left pending.
On Wednesday, the Senate Health and Human Services Committee took up:
SB 940 by Donna Campbell (R-New Braunfels) would require the Texas Workforce
Commission’s evaluation of the subsidized child care program to include the
average price charged by child care providers for child care in local workforce
development areas; the total number of child care providers participating in the
Texas Rising Star Program in each workforce development area with 2-star, 3-star,
and 4-star ratings. It was left pending. (Note: the companion, HB 3323, was heard in
the House Economic and Small Business Development Committee on Thursday and left
pending.)
On Wednesday, the House Corrections Committee took up:
HB 3130 by Tan Parker (R-Flower Mound) would establish the Educational and
Vocational Training Pilot Program to provide educational and vocational training,
employment, and reentry services to defendants placed on community supervision
for a state jail felony. It was left pending.
Also on Wednesday, the House Defense and Veterans’ Affairs Committee took up:
HB 2302 by Cesar Blanco (D-El Paso) would require school districts and openenrollment charter schools to provide students in grades 10 through 12 an
opportunity to take the Armed Services Vocational Aptitude Battery test during
normal school hours. It was left pending.
36