82nd Legislature INSIDE THIS ISSUE. Update on Major Bills of Interest

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1 April 11, 2011 Volume 10 82nd Legislature INSIDE THIS ISSUE Update on Major Bills of Interest Fire Sprinklers HB 1876 Hearing House Bill 1876 by Representative Vicki Truitt (R-Keller), which will allow a municipality to hold an election giving it the authority to mandate expensive fire sprinklers in new one and two-family dwellings had a hearing on Wednesday, March 30 in the House Urban Affairs Committee. If passed, this bill would effectively undo the actions of the 2009 Legislature prohibiting cities to mandate fire sprinklers in new and existing one and two-family dwellings. TAB had multiple witnesses testifying in opposition to this bill and after an hour and a half of testimony, the bill was left pending. Thank you to those that came to Austin to testify and those that sent letters opposing this bill. Tree Ordinances in the ETJ SB 732 and HB 1388 Passed from Committee Senate Bill 732 by Senator Robert Nichols (R-Jacksonville) prohibits cities from regulating the planting, clearing, harvesting or other uses of trees and other vegetation outside of its corporate limits on tracts of land in the city s ETJ. We are pleased to announce that the Senate Intergovernmental Relations Committee voted this bill out on a 3-0 vote. The next step in the process is for SB 732 to be debated on the Senate floor. The House companion, HB 1388 by Representative Hopson was voted out of the House Urban Committee on a 5-4 vote last week. Last week, a Call to Action alert was sent out asking TAB members to send letters of support for SB 732 to their Senator. Thank you to the many that have already taken action. If you have not done so, please click on the link for TAB s Grassroots Advocacy Center to log in and send a letter. Expansion of County Authority Senate Bills 1363, 1364 and Senate Joint Resolution 40 by Senator Lucio would result in an overwhelmingly large expansion of county authority that would severely obstruct economic development and a consumer s access to homeownership. These bills and joint resolution were voted favorably from the Senate International Relations and Trade Committee last week. The next step in the process is for these bills and joint resolution to be debated on the Senate floor. Last week, a Call to Action alert was sent out asking TAB members to send letters to their Senators opposing these bills. Thank you to those that have taken action. If you have not done so already, please click on the link for TAB s Grassroots Advocacy Center to log in and send a letter. Property Owners Association SB 142, Omnibus POA Bill Passes Senate Senator West s omnibus POA bill, Senate Bill 142 passed the Senate last week and now will be sent to the House. TAB will continue to work on this bill as it goes through the legislative process.

2 82nd Legislative Session Update GOVERNOR On Friday, Governor Perry spoke at a press conference unveiling NRG Energy Inc. s Freedom StationsSM, a network of evgo electric vehicle recharging stations in the Dallas/Fort Worth and Houston areas that will enable more widespread use of electric cars across the state. SENATE Last week, the Senate passed SB 497 by Senator Mike Jackson (R- LaPorte) which would allow federally owned radar or military installations to request that the Public Utility Commission give notice to the installation of a planned wind-powered electric generation facility located within 25 miles of the installation. The Senate also passed SB 655 by Senator Glenn Hegar (R-Katy), the Railroad Commission sunset bill. It would abolish the Railroad Commission and transfer its duties to a new Texas Oil and Gas Commission governed by one elected commissioner. On Tuesday, the Senate passed SB 142 by Royce West (D-Dallas), which would permit homeowners to pay assessments levied by home owners associations in installments; and would require any foreclosures initiated by a home owner s association to be conducted through the courts. On Tuesday the Senate also passed SB 626 by Senator John Carona (R-Dallas) which would allow lottery prize winners who receive installment payments to assign future installments and allow the state to collect delinquent child support payments from lottery prize winnings. The Senate also passed SB 656 by Joan Huffman (R- Houston) which would abolish the Coastal Coordination Council and transfer its functions to the General Land Office. On Wednesday, the Senate passed SB 122 by Senator Rodney Ellis (D-Houston) which would strengthen Texas post-conviction DNA testing law. On Thursday, the Senate passed SB 82 by Senator Jane Nelson (R-Flower Mound) to better protect stalking victims by clarifying that a scheme or course of conduct of stalking does not necessarily involve following or repeated actions of the same kind, and it adds language that stalking can include behavior targeted to the victim s current dating partner. Also on Thursday, the Senate passed SB 28 by Senator Judith Zaffirini (D-Laredo) which reforms the TEXAS Grant program by prioritizing grants for high-achieving, low-income students. Senator Zaffirini said, TEXAS Grants have opened the door to a college education for thousands of low-income Texas students. Because the state does not fund the program adequately, however, 30% of eligible students do not receive grants. Accordingly, we must maximize limited state funding by prioritizing TEXAS grants for students who demonstrate financial need and are most likely to succeed. SB 28 will re-focus the TEXAS Grant program on its original mission: helping low-income students who will benefit greatly from financial assistance. Because of the grants, these students are able to afford college and be graduated timely. Total number of bills reported out of Senate Committees last week: 132 Total number of bills passed by the Senate last week: 123 Total number of bills passed on the Local and Uncontested calendar: 75 HOUSE Last Monday, the House gave preliminary approval to HB 716 by Representative Sid Miller (R-Stephenville) which would allow landowners to sell seats on a helicopter for hunting feral hogs or coyotes for depredating purposes. On Tuesday, they passed HB 675 by Representative Eddie Lucio, III which would require schools to recondition helmets that are 10-years old or older every two years. On Wednesday, they passed two public education bills by Representative

3 Rob Eissler - HB 6 combines the Technology Allotment Fund and the Textbook Fund into a new Instructional Materials Allotment and HB 500 which makes changes to end-of-course exams and graduation requirements. On Wednesday, the House gave preliminary approval to HB 1201 by Representative Lois Kolkhorst which would strike from state statutes all references to the Trans-Texas Corridor. On Thursday, the House debated HB 243 by Representative Tom Craddick which would prohibit a driver from text messaging while driving. On Thursday s consent calendar the House substituted SB 24 for Representative Senfronia Thompson s HB 7 and gave final approval to SB 24 which would increase the penalties for human trafficking, thus making it one of the first bills of the session to reach the governor s desk. After SB 24 passed, Governor Rick Perry said, Human trafficking is a deplorable and growing practice in Texas and across the nation. I commend Senator Van de Putte and Representative Thompson for their continued work on this issue, and applaud the House and Senate for passing this measure, which sends a strong message that we will not tolerate human trafficking in Texas. On Friday, the House took up two sunset bills, HB 2271 by Representative Rafael Anchia (D-Dallas) continuing the Texas Racing Commission and HB 1808 by Byron Cook (R-Corsicana) continuing the State Soil and Water Conservation Board. The House also gave preliminary approval to HB 362 by Burt Solomons (R-Carrollton) which would prohibit a property owners association from restricting a homeowner from installing a solar energy device. Total number of bills reported out of House Committees last week: 217 Total number of bills passed by the House last week: 135 Total number of bills passed on the Local and Consent calendar: 101 BUDGET Last Monday, the House Ways and Means Committee took up: HB 257 by Harvey Hilderbran (R-Kerrville) would transfer unclaimed utility deposits to the state treasury after one year of being unclaimed; would presume money orders are abandoned in three (rather than seven) years; and would presume checking or savings accounts and matured certificates of deposit are abandoned if the account has been inactive for at least three years. It was voted out favorably as substituted. HJR 5 by John Otto (R-Dayton) would propose a constitutional amendment to increase the amount of money the comptroller puts in the Rainy Day Fund each year to include 75% of increased sales and use taxes collected. It was left pending. Also on Monday, the Senate Finance Committee took up: SB 517 by Kirk Watson (D-Austin) would allow unclaimed money of $5 or less held by the comptroller for at least 20 years to be swept into the Prepaid Higher Education Tuition Board for the Texas Save and Match Program. It was left pending. On Wednesday, the House State Affairs Committee took up: HB 2578 by John Davis (R-Houston) would allow any member of the legislature to request a report on the long-term economic impact of legislation, even those that cost money in the short-term. It was left pending. On Thursday, the House Appropriations Committee took up eight bills authorizing state agencies to reduce and recover expenditures by:

4 consolidating reports or publications and delivering them electronically; extending the effective period of any license, permit, or registration the agency grants or administers; entering into a contract with another governmental entity or a private vendor to carry out any of the agency s duties; adopting additional eligibility requirements for persons who receive benefits under any law the agency administers to ensure that those benefits are received by the most deserving persons consistent with the purposes for which the benefits are provided; allowing electronic delivery of any communication between the agency and another person; and adopting and collecting fees or charges to cover any costs the agency incurs in performing its lawful functions. HB 3417 by Drew Darby (R-Big Spring) would authorize state business and economic development agencies to reduce or recover expenditures. HB 3418 by Drew Darby (R-San Angelo) would authorize natural resources agencies to reduce or recover expenditures. HB 3419 by Drew Darby (R-Big Spring) would authorize regulatory agencies to reduce or recover expenditures. HB 3639 by Jim Pitts (R-Waxahachie) would authorize public and higher education agencies to reduce or recover expenditures. HB 3648 by John Otto (R-Dayton) would authorize judicial agencies to reduce or recover expenditures. HB 3649 by John Otto (R-Dayton) would authorize law enforcement and criminal justice agencies to reduce or recover expenditures. HB 3665 by John Otto (R-Dayton) would authorize general government agencies to reduce or recover expenditures. HB 3666 by John Zerwas (R-Fulshear) would authorize health and human services agencies to reduce or recover expenditures. They were all left pending. Two other budget bills are also on the agenda including: HB 3644 by Jim Pitts (R-Waxahachie) would create and re-create funds in the state treasury to sweep unexpended balances in dedicated accounts. It was left pending. HB 3790 by Jim Pitts (R-Waxahachie) would make several changes in revenue and financial issues including: suspending the longevity pay program for assistant prosecutors if the county has insufficient funds; allowing payments for jury service to be set in the general appropriations act (rather than $40 per day); increasing cigarette and tobacco taxes and accelerating their payment; delaying allocations of gasoline and diesel fuel taxes for July and August until September; accelerating collection of franchise taxes for large taxable entities; accelerating collection of mixed beverage taxes; increasing the rate of cement production taxes; setting the lobbyist registration fee by the appropriations bill of up to $1,000; authorizing the Texas Facilities Commission to lease parking spaces in state-owned parking lots and garages;

5 recalculating the computation of the state debt; requiring the comptroller to establish an electronic pay card system; requiring the Secretary of State to publish bills electronically instead of printing and binding enrolled bills; authorizing the attorney general to charge a fee for electronic filing of a document; authorizing the Department of Information Resources to use fee revenue for developing statewide information resources technology policies and providing shared information resources technology services; authorizing school districts to change the class size ratio to a district-wide average of 21/1; authorizing the Commissioner of Education to adjust the teacher salary schedule; requiring the Department of Aging and Disability Services, the Texas Veterans Commission and the Veterans Land Board to enter into a memorandum of understanding to coordinate collection of information about the use and analysis of data from the Public Assistance Reporting Information System and develop new strategies for state agencies to use system data to generate fiscal savings for the state; eliminating the requirement for the state s contribution to the Teacher Retirement System to be no less than the member contribution; setting the maximum state revenue provided to school districts at $8,000 per student; eliminating the early high school graduation incentive; limiting teacher education incentives to students seeking teacher certification in subject areas experiencing a critical shortage of teachers; and eliminating public education classes from the dual credit program. It was left pending. ECONOMIC DEVELOPMENT On Tuesday, the House Agriculture and Livestock Committee took up: HB 2994 by Boris Miles (D-Houston) would require the Agriculture Finance Authority to create an urban farm microenterprises support program to provide financial assistance to microenterprises in urban areas that are primarily engaged in research into processes and technology related to agricultural production in an urban setting. It was left pending. HB 2996 by Boris Miles (D-Houston) would establish the Texas Urban Agricultural Innovation Authority within the Department of Agriculture to promote the creation and expansion of urban agricultural projects. It was left pending. HB 2997 by Boris Miles (D-Houston) would require the Texas Department of Agriculture to establish an urban farming pilot program to award grants to urban farmers to establish new urban farms and expand existing urban farms. It was left pending. On Thursday, the House Defense and Veteran s Affairs Committee took up: HB 55 by Armando Mando Martinez (D-Weslaco) would allow the Texas Enterprise Fund to be used for the establishment, maintenance, or operations of veterans hospitals. In laying out the bill Representative Martinez said, Our veterans deserve appropriate medical care. Providing them with another veteran s hospital is the least we can do for them after their selfless service to our great country. It was left pending.

6 Also on Thursday, the House Economic and Small Business Development Committee took up: HB 466 by Lon Burnam (D-Fort Worth) would sunset the Texas Enterprise Fund the Emerging Technology Fund and the Events Trust fund between August 31, 2011 and September 1, 2015 and sweep unencumbered balances into general revenue. It was left pending. HB 2493 by Raul Torres (R-Corpus Christi) would allow enterprise project designations to be split into two half-designations; and the maximum number of jobs that could be allocated to an enterprise project split into two half designations would be 250. It was left pending. HB 2853 by John Davis (R-Houston) would expand the definition of project costs for tax increment financing purposes. It was left pending. HB 3140 by Ken Paxton (R-Frisco) would allow municipalities with a population between 100,000 and 120,000 located partially in a county with a population of at least 780,000 to establish one or more programs to promote economic development and diversification, stimulate business and commercial activity, promote development or new or expanded business enterprises and promote employment and tourism and business activity. It was left pending. And on Thursday, the House Government Efficiency and Reform Committee took up: HB 1181 by Joe Deshotel (D-Beaumont) would abolish the Texas Department of Rural Affairs and transfer its functions to the Texas Department of Housing and Community Affairs and the Department of Agriculture. It was left pending. HB 1912 by Dennis Bonnen (R-Angleton) and HB 1982 by Bill Callegari (R-Katy) would abolish the Texas Department of Rural Affairs and transfer its functions to an Office of Rural Affairs within the Texas Department of Agriculture. Both bills were left pending. Passed the House: HB 1560 by Connie Scott (R-Corpus Christi) would authorize counties to nominate projects located in the county and in the extraterritorial jurisdiction of a municipality primarily located in another county for designation as an enterprise project. It passed on the Local and Consent calendar. HB 2785 by John Davis (R-Houston) would establish the Select Committee on Economic Development to develop an economic development policy for the state. The committee substitute was adopted and it passed on the Local and Consent calendar. Passed the Senate: SB 1069 by Mike Jackson (R-La Porte) would require annual (rather than every three years) reporting to the legislature of awards made from the Texas Emerging Technology Fund. The committee substitute was adopted and it passed on the Local and Uncontested calendar. ENERGY On Monday, the Senate Government Organization Committee took up: SB 661 by Robert Nichols (R-Jacksonville) is the sunset bill for Electric Reliability Council of Texas, Office of Public Utility Council and Public Utility Commission. It was reported favorably as substituted. On Tuesday, the House Homeland Security and Public Safety Committee took up:

7 HB 2623 by Marva Beck (R-Centerville) would require the State Energy Conservation Office to establish guidelines for the evaluation of combined heating and power systems. It was left pending. Also on Tuesday, the Senate Business and Commerce Committee took up: SB 898 by John Carona (R-Dallas) would require each political subdivision, institution of higher education, or state agency to establish a goal to reduce the electric consumption by the entity. It was reported our favorably. On Wednesday, the House State Affairs Committee took up: HB 2498 by John Frullo (R-Lubbock) would require non-ercot utilities to comply with energy efficiency goals. It was left pending. HB 2709 by Sylvester Turner (D-Houston) would add energy use programs with measurable and verifiable results that inform commercial or residential consumers about energy efficient materials or methods to reduce energy consumption through behavioral changes that lead to efficient use patterns and practices to the list of program options approved by the Texas Commission on Environmental Quality to satisfy the Goal for Energy Efficiency. It was left pending. HB 2961 by Drew Darby (R-San Angelo) would require the Public Utility Commission to facilitate the development of a solar energy market and solar energy industry increasing the amount of wholesale and distributed solar generation installed in Texas; would establish the solar generation rebate fund for the payment of incentives; and would set goals for solar generation programs for electric cooperatives or municipally owned utilities. It was left pending. On Thursday, the Senate Natural Resources Committee took up: SB 15 by Troy Fraser (R-Horseshoe Bay) would enact the Energy Policy Act to promote, in accordance with the public interest, the strategic planning of energy development, production, delivery, commercialization, and utilization; would create the Texas Energy Policy Council to develop and present a statewide energy policy plan to the legislature; and would require the Railroad Commission to prepare and submit to the Public Utility Commission a report on coal and gas reserves and require the PUC to prepare a report on electric energy generation that includes an air pollution reduction plan. It was voted out favorably as substituted. Passed the Senate: SB 497 by Mike Jackson (R-LaPorte) would require the Public Utility Commission, at the request of the federally owned or operated radar installation or military installation, to notify the installation of a planned construction or expansion of a wind-powered electric generation facility if any part of the construction or expansion will occur within 25 miles of the boundaries of the installation. The committee substitute and two floor amendments were adopted. SB 655 by Glenn Hegar (R-Katy) is the Railroad Commission sunset bill. The committee substitute and one floor amendment were adopted. SB 1230 by Craig Estes (R-Wichita Falls) would authorize home rule cities to buy, own, construct, maintain, and operate a combined heating and power system and to sell commodities from the system. The committee substitute was adopted. ENVIRONMENT On Tuesday, the House Natural Resources Committee took up: HB 1730 by Allan Ritter (R-Nederland) would provide that a landowner has a vested ownership interest in and right to produce groundwater below the surface of the landowner's real property. It was left pending.

8 HB 2668 by Boris Miles (D-Houston) would set penalty minimums and maximums for violations of the Water Code, Health and Safety Cody, Occupations Code, and all other violations within the jurisdiction of the Texas Commission on Environmental Quality. It was left pending. On Wednesday, the Senate Economic Development Committee took up: HB 2694 by Wayne Smith (R-Baytown) is the sunset bill for Texas Commission on Environmental Quality. It was left pending. HB 3037 by Warren Chisum (R-Pampa) would require discovery in a contested case hearing to be completed before the deadline for submission of prefilled written testimony. It was left pending. HB 3251 by Warren Chisum (R-Pampa) would require the Texas Commission on Environmental Quality to provide an opportunity for a public hearing and comment on an application for a permit amendment for an electric generating facility seeking authorization to comply with the Federal Clean Air Act amendments of It was left pending. On Thursday, the Senate Finance Committee took up: SJR 4 by Juan Chuy Hinojosa (D-Mission) would propose a constitutional amendment allowing the Texas Water Development Board to issue general obligation bonds of up to $6 billion to fund water projects. It was left pending. Also on Thursday, the House Select Committee on State Sovereignty took up: HB 2545 by Kelly Hancock (R-North Richland Hills) would enact the Regional Air Quality Compact and would enter into the compact with all other states that adopt the compact. It was left pending. HB 3188 by Lyle Larson (R-San Antonio) would prohibit a state agency, including the Texas Commission on Environmental Quality, from implementing or adopting rules that would implement a greenhouse gas emissions regulatory program required by federal statues or agency rule. It was left pending. HCR 21 by Pete Gallego (D-Alpine) would urge the United States Congress to reauthorize the Water Resources Development Act of It was left pending. HCR 61 by Bill Callegari (R-Katy) would express opposition to federal interference in state management of Texas water resources. It was left pending. HCR 78 by Four Price (R-Amarillo) would express the legislature s opposition to any attempt by the federal government to diminish the jurisdiction of individual states over their intrastate water resources. It was left pending. HCR 81 by Jason Isaac (R-Dripping Springs) would express the legislature s opposition to federal regulation of hazardous waste, water, and clean air and of the production, exploration, drilling, development, operation, transportation, and processing of oil, natural gas, petroleum, and petroleum products. It was left pending. Reported from Committee: HB 240 by Tan Parker (R-Flower Mound) would require the Texas Commission on Environmental Quality to adopt rules preventing accidental or unintentional access to on-site sewage disposal systems. It was reported favorably as substituted from the House Environmental Regulation Committee and recommended for the Local and Consent calendar. SB 313 by Kel Seliger (R-Amarillo) would allow the Texas Commission on Environmental Quality to create a groundwater conservation district over all or part of a priority groundwater management area and to add land from a priority groundwater management area. It was reported favorably from the House Natural

9 Resources Committee. SB 370 by Kel Seliger (R-Amarillo) would prohibit a water district from exercising the power of eminent domain to acquire land, an easement, or other property that is located more than five miles outside the district s boundaries unless: the commissioners court in the county in which the eminent domain power is to be exercised, after notice and hearing, officially approves the exercise; and after approval by the court, the commission issues an order approving the district s application to exercise that power. It was reported favorably from the House Natural Resources Committee. SB 1082 by Glenn Hegar (R-Katy) would provide that a water district annexed for limited purposes must be in the municipality s extraterritorial jurisdiction and contiguous to the corporate boundaries of the municipality or an annexed area unless the district consents to noncontiguous annexation. It was reported favorably from the Senate Natural Resources Committee and recommended for the Local and Uncontested calendar. Passed the House: HB 849 by Sid Miller (R-Stephenville) would require a person applying for a permit to dispose of oil and gas waste in a commercial disposal well to give notice of the application to each owner of records of each surface tract that adjoins the tract on which the well is proposed to be located; the commissioners court of the county in which the well is proposed to be located; and any groundwater conservation district in which the well is proposed to be located. One floor amendment was adopted. HB 1732 by Allan Ritter (R-Nederland) would require, in requesting approval for the issuance of water bonds, the executive administrator of the Texas Water Development Board to certify to the bond review board the debt service on the bonds that is reasonably expected to be paid from the general revenues of the state; and revenue sources other than the general revenues of the state. HB 1981 by Wayne Smith (R-Baytown) would require the Texas Commission on Environmental Quality to establish and maintain an air pollutant watch list and require the commission to adopt guidelines for effects screening levels for air contaminants and use them in permit reviews of all new and modified facilities to establish enforceable limits in the permits. It passed on the Local and Consent calendar. Passed the Senate: SB 693 by Craig Estes (R-Wichita Falls) would require groundwater conservation districts to establish a procedure for a preliminary or other type of hearing; allow the presiding officer to determine a party's right to participate in a hearing and set a deadline for a party to file a request to refer a contested case to the State Office of Administrative Hearings. The committee substitute was adopted. SB 875 by Troy Fraser (R-Horseshoe Bay) would allow a person who is subject to an administrative, civil, or criminal action brought under the Regional Waste Disposal Act for nuisance or trespass to have an affirmative defense to that action if the person s actions that resulted in the alleged nuisance or trespass were authorized by a rule, permit, order, license, certificate, registration, approval, or other form of authorization issued by the Texas Commission on Environmental Quality or the federal government. The committee substitute and two floor amendments were adopted. SB 907 by Kel Seliger (R-Amarillo) would allow prior to the development of a district with the authority to regulate the spacing of water wells the groundwater conservation district to adopt rules pertaining to the registration, interim permitting,

10 metering, production reporting, spacing, and, where applicable, fee payment for authorized or actual production of water from new and existing wells. GENERAL BUSINESS On Monday, the House Business and Industry Committee took up: HB 765 by J.M. Lozano (D-Kingsville) would prohibit a merchant or wholesaler from selling an essential consumer good or service for a price that is unconscionably excessive during an abnormal disruption of the market. It was left pending. HB 3141 by Will Hartnett (R-Dallas) is the trademark registration and protection bill. It was voted out favorably as substituted. Also on Monday, the House Homeland Security and Public Safety Committee s Subcommittee on Public Safety took up: HB 1867 by Allen Fletcher (R-Tomball) would expand the Texas Private Security Board from seven to nine members and would give them licensing jurisdiction over camera systems companies, including companies that sell, install, service, or monitor a closed circuit television or still camera system. It was left pending. Also on Tuesday, the House Licensing and Administrative Procedures Committee took up: HB 2284 by Rick Hardcastle (R-Vernon) would add to the definition of the practice of engineering the design or conceptual design coordination of engineering works including buildings or related structures. It was left pending. On Wednesday, the Senate Economic Development Committee took up: SB 1744 by Kevin Eltife (R-Tyler) would allow the comptroller to decertify a certified capital company on the written request of the company if the comptroller finds that the company has made qualified investments in an amount equal to 100% of the company s certified capital; and would not authorize the recapture and forfeiture of premium tax credits following voluntary decertification of a certified capital company. It was voted out favorably. And on Thursday, the House Government Efficiency and Reform Committee took up: HB 2291 by Bill Callegari (R-Katy) would provide that an individual may engage in an occupation not prohibited by law without being subject to statutes, administrative rules, or government practices that regulate the occupation and that are unnecessary and substantially burdensome. It was left pending. HUMAN RESOURCES/EMPLOYMENT On Monday, the House Business and Industry Committee took up: HB 3229 by Ana Hernandez Luna (D-Houston) would require public and private employers to give an employee who is the victim of a crime or who is the parent or guardian of a victim of a crime time off to attend court proceeding related to the crime. It was left pending. On Wednesday, the House State Affairs Committee took up: HB 3252 by Warren Chisum (R-Pampa) would prohibit an employer from knowingly employ, or recruit or refer for a fee for employment, an unauthorized foreign national; and would provide that an employer would not violate the law in regard to a particular employee if the employer requests and receives documentation from the employee lawful resident verification or through the federal E-verify program and that information was later determined to be false. It

11 was left pending. On Thursday, the House Economic and Small Business Development Committee took up: HB 2579 by John Davis (R-Houston) would authorize an employer to reasonably rely on a judicial decision or Workforce Commission decision on whether the service in question regarding an unemployment compensation claim is employment. It was left pending. Reported from Committee: HB 2463 by Ron Reynolds (D-Richmond) would require the Texas Workforce Commission to adopt rules allowing a party to a complaint reasonable access to records regarding an employment discrimination claim; would allow a party to obtain access only if the access is permitted under the federal Privacy Act; and would make all other information concerning the claim confidential. It was reported favorably from the House Economic and Small Business Development and recommended for the Local and Consent calendar. HB 2654 by Kenneth Sheets (R-Dallas) would eliminate employer unemployment compensation charge backs for employers that reinstate a qualified uniformed service member with reemployment rights and benefits. It was reported favorably from the House Economic and Small Business Development Committee and recommended for the Local and Consent calendar. INSURANCE On Tuesday, the House Insurance Committee took up: HB 1310 by John Smithee (R-Amarillo) would authorize the Public Insurance Counsel to initiate a hearing or object to an insurer s rate or rate filing; and would require the Commissioner of Insurance to order an administrative hearing on rates if requested by the Public Insurance Counsel. It was left pending. HB 1554 by Senfronia Thompson (D-Houston) would provide that a person would not be liable in a civil action for furnishing information relating to a suspected, anticipated, or completed fraudulent insurance act if the information is provided to an organization primarily dedicated to the detection, investigation and prosecution of insurance fraud. It was left pending. HB 2924 by Larry Taylor (R-Friendswood) would authorize an insurer to file and would require the Texas Department of Insurance to approve policy forms or endorsements that provide for a contractual limitations period for filing suit for first party claims under a policy; and would provide that the contractual limitations period in a residential or commercial property insurance policy for a first party claim must not be less than two years from the date of the loss. It was left pending. PUBLIC EDUCATION On Tuesday, the House Public Education Committee took up: HB 2444 by James White (R-Woodville) would increase the amount of the student basic allotment to the maximum amount permitted using the total amount of revenue realized to the credit of the Foundation School Program; and would repeal hold harmless provisions. It was left pending. HB 2485 by Scott Hochberg (D-Houston) would require the Commissioner of Education to determine the average statewide property value per weighted student for the prior year and provide that the commissioner s determination would be final for funding purposes. It was left pending. Passed the House: HB 6 by Rob Eissler (R-The Woodlands) would change statutes relating to

12 textbooks to instructional materials; and would combine the textbook fund and the technology allotment fund into a new instructional materials allotment. The committee substitute and seven floor amendments were adopted. HB 500 by Rob Eissler (R-The Woodlands) would make several changes to the accountability standards. The committee substitute and six floor amendments were adopted. HB 1555 by Senfronia Thompson (D-Houston) would allow a campus to begin instruction on or after the first Monday in August if the district has an enrollment exceeding 190,000, the district uses local funds to provide days of instruction exceeding the minimum number of days of instruction, and a majority of the students are educationally disadvantaged. It passed on the Local and Consent calendar. PROCUREMENT On Wednesday, the House State Affairs Committee took up: HB 1574 by John Garza (R-Corpus Christi) would add veterans service agencies to the definition of small businesses for state contracting purposes. It was left pending. On Thursday, the House Economic and Small Business Development Committee took up: HB 2432 by John Davis (R-Houston) would prohibit a person from developing or operating a qualifying project unless the person obtains the approval of and contracts with the responsible governmental entity; and would define qualifying project as mass transit, telecommunications or automated data processing, technology infrastructure, hospitals, schools, medical care, or recreational facilities and services. It was left pending. Reported from Committee: HB 902 by Senfronia Thompson (D-Houston) would allow municipalities with a population of two million or more to consider a bidder s principal place of business in awarding a contract to purchase real property, personal property that is not affixed to real property or services. It was voted out favorably from the House Urban Affairs Committee and recommended for the Local and Consent calendar. Passed the House: HB 1869 by Helen Giddings (D-Dallas) would eliminate the population threshold for municipalities and counties to have the authority to purchase real or personal property that is not affixed to real property. It passed on the Local and Consent calendar. Passed the Senate: SB 327 by Leticia Van de Putte (D-San Antonio) would add veterans service agencies to the definition of small businesses for state contracting purposes. It passed on the Local and Uncontested calendar. PROPERTY On Monday, the House Business and Industry Committee took up: HB 2821 by Ken Paxton (R-Frisco) would authorize electronic posting of notice of a real property sale. It was left pending. HB 3040 by Warren Chisum (R-Pampa) would require lenders to give written notice of a default to each contractor and subcontractor known to be providing labor, materials, equipment or services for the improvement. It was left pending.

13 On Wednesday, the Senate Intergovernmental Relations Committee took up: SB 1496 by Carlos Uresti (D-San Antonio) would provide that a correction instrument could only correct an ambiguity or error in an instrument of conveyance to transfer real property or an interest in real property. It was voted out favorably as substituted. Also on Wednesday, the Senate Business and Commerce Committee took up six Texas Windstorm Insurance Association bills. They were all left pending. And, on Wednesday, the House Energy Resources Committee took up: HB 3105 by Jim Keffer (R-Eastland) would modify the Private Real Property Rights Restoration Act to allow a private action against a municipality that takes an action that limits the ability of an owner of mineral rights to develop that interest. It was left pending. Reported from Committee: HB 1390 by Joe Deshotel (D-Port Arthur) would require notice from a subcontractor of a potential retainage lien to be delivered after completion, as opposed to coming at the start of work on a project. It was reported favorably as substituted from the House Business and Industry Committee. HB 1400 by Gary Elkins (R-Houston) would remove the interest rate limit on cityand county-issued bonds to finance improvements in a public improvement district. It was reported favorably from the House County Affairs Committee and recommended for the Local and Consent calendar. HB 1428 by Joe Deshotel (D-Port Arthur) would require a property owner to maintain retainage funds in a construction trust account for the duration of a construction project. It was reported favorably as substituted from the House business and Industry Committee. HB 1649 by Marisa Marquez (D-El Paso) would authorize counties to charge a fee of up to $25 for each new residential construction project to defray the costs of administering building code requirements. It was reported favorably as substituted from the House County Affairs Committee and recommended for the Local and Consent calendar. SB 412 by Royce West (D-Dallas) would remove the interest rate limit on city- and county-issued bonds to finance improvements in a public improvement district. It was reported favorably from the Senate Intergovernmental Relations Committee and recommended for the Local and Uncontested calendar. SB 732 by Robert Nichols (R-Jacksonville) would prohibit the governing body of a municipality from regulating the planting, clearing, or harvesting of trees or vegetation in its extraterritorial jurisdiction unless otherwise authorized by state law. It was reported favorably from the Senate Intergovernmental Relations Committee. SB 1462 by Eddie Lucio, Jr. (D-Brownsville) would authorize counties near an international border to take action in court on behalf of the county and the county s residents to recover funds paid with interest, freeze assets, and void contracts of a developer who violates platting requirements. It was reported favorably from the Senate International Relations and Trade Committee and recommended for the Local and Uncontested calendar. TAX On Monday, the House Ways and Means Committee took up: HB 803 by Dennis Bonnen (R-Angleton) would reduce the penalty for failure to make a timely installment payment of ad valorem taxes on property in a disaster

14 area from 12% to 6%. It was left pending. HB 1435 by Gary Elkins (R-Houston) would prohibit a taxing unit from being made a party in a suit to compel an appraisal review board to order a change in an appraisal roll. It was initially left pending but was voted out favorably on Thursday. HB 1796 by Ken Paxton (R-McKinney) would prohibit the charging of a fee for transfer of an ad valorem tax lien on residential property except for interest, and the fees for filing the release of the lien, providing a payoff statement, and providing information regarding the current balance owed by the property owner. It was left pending. Also on Monday, the Senate Finance Committee took up: SB 1798 by Royce West (D-Dallas) is the affiliate nexus bill. It would create a rebuttable presumption that a retailer is doing business in Texas, and thus required to collect sales tax, if the retailer enters into an agreement with a Texas resident under which the resident receives a commission or other consideration for direct or indirect referrals by any means, including a link on an Internet website, and the retailer received at least $10,000 in gross receipts from such residents over the previous four calendar quarters. The presumption may be rebutted by proof that the Texas resident did not engage in any solicitation in Texas on behalf of the retailer that would satisfy Constitutional nexus requirements. It was left pending. On Tuesday, the House Public Education Committee took up: HB 839 by Gary Elkins (R-Houston) would hold school districts harmless in the school finance system for revenue loss or gain from a homestead exemption. It was left pending. HB 2484 by Scott Hochberg (D-Houston) would require the state compression percentage to be at least the percentage that would maintain the required amount of state and local revenue per student under the school finance system; and would increase the homestead exemption from $15,000 to $45,000. It was left pending. On Wednesday, the Senate Intergovernmental Relations Committee took up: SB 916 by Jeff Wentworth (R-San Antonio) would provide that transfers of tax liens would not require authorization of the property owner. It was voted out favorably as substituted. And on Thursday, the Senate Select Committee on Open Government took up: SB 1130 by Glenn Hegar (R-Katy) would exempt from the open records act requests for information received from private entities regarding sales prices and related data pertaining to real property in a county with a population of more than 150,000 (currently 20,000). It was voted out favorably as substituted. On Tuesday, Lt. Governor David Dewhurst and Senate Finance Committee Chair Steve Ogden called for changes in the state s gross margins tax. They indicated that when the legislature enacted the new business tax in 2006, it was intended to make up for the revenue lost by a 33% cut in property taxes. Dewhurst said that the tax is underperforming expectations by about $4 billion per biennium and that gap is at the heart of the current budget shortfall. Ogden and Dewhurst suggested a possible solution moving back to the old system of a tax on gross income, but with a broader base, drawing in more businesses to ensure the rate is as low as possible. Ogden indicated that he does not think the legislature was wrong to pass a business tax five years ago, but said the system needs to be fixed, It s making a

15 mistake not to adjust it when it s clear it needs adjustment. On Wednesday, Comptroller Susan Combs announced that the state s sales tax revenue in March was $1.6 billion, up 9.9% compared to March Comptroller Combs said, State sales tax revenue has not increased for 12 straight months. Strong consumer and business spending helped increase revenue in large sectors of the economy such as retail, manufacturing and the oil and gas industry. Reported from Committee: SJR 12 by Dan Patrick (R-Houston) would propose a constitutional amendment requiring a two-thirds supermajority vote of legislators to impose a new state tax; or increase an existing state tax. It was reported favorably from the Senate Finance Committee and is on the Senate Intent calendar for Monday. Passed the House: HB 252 by Harvey Hilderbran (R-Kerrville) would require applications for a homestead exemption to include a copy of the applicant s driver s license or stateissued personal identification certificate and a copy of the applicant s vehicle registration receipt or a utility bill in the applicant s name; and would prohibit the chief appraiser from allowing an exemption unless the address on the driver s license and receipt or utility bill matches the residence homestead. The committee substitute and two floor amendments were adopted. Passed the Senate: SB 201 by Carlos Uresti (D-San Antonio) would clarify that homestead exemptions for disabled veterans would follow the veterans to whatever homestead the veteran owns. The committee substitute was adopted. TORT Passed the Senate: SB 1716 by Robert Duncan (R-Lubbock) would provide for fee forfeiture and additional damages in cases procured through barratry. The committee substitute was adopted and it passed on the Local and Uncontested calendar. WORKERS COMPENSATION On Wednesday, the House State Affairs Committee took up: HB 1871 by Helen Giddings (D-Dallas) would limit attorney s fees payable from an injured worker s benefits to 25% even when multiple attorneys have outstanding liens; and payments would be made evenly to the multiple attorneys with liens, but would not exceed 25% collectively. It was left pending. HB 1872 by Helen Giddings (D-Dallas) would allow injured employees to resolve network-related disputes to utilize the hearing dispute process similar to nonnetwork injured employees. It was left pending. HB 2605 by Larry Taylor (R-Friendswood) is the sunset bill for the Division of Workers Compensation. It was left pending. Reported From Committee: HB 1774 by Larry Taylor (R-Friendswood) would continue the Office of Injured Employee Counsel through 2017 and require OIEC to adopt alternative dispute resolutions policies and establish a complaint response system. It was reported favorably as substituted from the House State Affairs Committee. Passed the Senate: SB 800 by Robert Duncan (R-Lubbock) would authorize the Commissioner of

16 Workers Compensation to designate and contract with a data collection agent. The committee substitute was adopted and it passed on the Local and Uncontested calendar. SB 1714 by Robert Duncan (R-Lubbock) would define workers compensation as insurance obtained through a licensed insurance company or through self-insurance for purposes of actions filed by employees against employers. It passed on the Local and Uncontested calendar. WORKFORCE On Wednesday, the House State Affairs Committee took up: HB 2886 by Paul Workman (R-Austin) would allow foreign nationals who are not lawfully present to apply for a Texas resident alien card with the Texas Workforce Commission, by paying $4,000 for a card which would be valid for eight years; and would allow them to work legally in Texas. It was left pending. House Passes HB 1 - State Budget HOUSE On April 1, the House debated HB 1 which is the state budget for In laying out the bill, Appropriations Committee Chairman Jim Pitts (R- Waxahachie) spoke to the House saying, Today we take up HB 1, the state budget for This budget does not raise taxes. It does not rely on any spending and any new tax revenue to pay for programs or services. This budget does not spend any federal stimulus money. This budget does not spend any of the rainy day fund on any ongoing programs or services in the next biennium. Finally, this budget does not grow government. This budget reflects the economic realities facing our state, and it only spends available revenue. This bill, combined with the votes we took yesterday on HB 4 and HB 275, fulfills our constitutional responsibility to have a balanced budget. The budget we drafted would also reflect not only the spending cuts taken in , it also reflects the 10% reductions we required in and much more. BUDGET The House budget debate started early in the week when the Legislative Budget Board released its dynamic economic impact statement for HB 1. It indicated that HB 1 would appropriate $83,840,000 from all fund sources in FY 2012 and $80,663,400 in FY The biennial total represents a decrease of 12.3% from the appropriations. The table in the report indicated a loss of 1.9% total employment or 271,746 jobs in 2012 and 2.3%, including 335,244 jobs in However, the report added a caveat saying, Correct interpretation of the results in Table 1 is essential to properly understand the effects of CSHB1 on the Texas economy. For instance, the negative 272,000 change in jobs predicted for 2012 does not imply the state will lose that many jobs from our current employment level upon enactment of CSHB1. Rather, that figure implies Texas will have 272,000 jobs less than a baseline scenario where state expenditures remained constant relative to levels and available revenue matched these spending levels. Since available revenue for the biennium is predicted to fall well below that amount, in large part due to the national economic recession, many of these job losses can be attributed to the steep downturn of the Texas economy during the past several years. Summary of CSHB 1 - CSHB 1 would authorize total spending of $164.5 billion, a decrease of 12.3% from fiscal General revenue spending would be $83.9 billion, a decrease of $4.6 billion, or 5.2%. This includes $77.6 billion of undedicated general revenue. CSHB 1 would decrease spending in fiscal by $11.4 billion for Health and Human Services agencies; $5.1 billion for public

17 education; $2.4 billion for business and economic development, $1.2 billion for general government, and $1.1 billion for public safety and criminal justice. It would decrease spending by $549.7 million in all funds for natural resources, by $96.8 million for regulatory agencies, and by $35.2 million for judiciary. The committee substitute for HB 1 includes $4.3 billion in appropriations that were not in the filed version because the passage of CSHB 4 and CSHB 275 allowed $4.3 billion more to be spent in fiscal $2 billion went to health and human service agencies, $2 billion to public education, and $314 million in criminal justice and public safety agencies. HB 1 contains a rider to create a time-limited Tax Amnesty Program that is expected to capture around $75 million. Those funds are appropriated to agencies in articles I, IV, and V. House Debate - During debate on the bill, several amendments were moved to Article 11, which is sometimes referred to as a wish list and it contains the House s priorities for spending beyond what is in the proposed budget. The list will be considered by the conference committee and could result in the funding of some items. All Article 11 amendments were adopted on a single vote with Representatives given the opportunity to register a no vote on specific amendments in the journal. The House spent 16 hours on Friday, April 1 and six hours on Sunday, April 3 debating 251 amendments. Of those, 130 amendments were adopted, and an additional 38 were moved to Article VI and adopted with the single Article 11 vote. Some of the amendments adopted include: Transferring $3.5 million from the Commission on the Arts to the Department of Aging and Disability Services; Transferring $2 million from unexpended balances from the attorney general s office to the Texas Veterans Commission for veterans education, and transferring $500,000 from the Department of Information Resources to the Veterans Commission; Transferring $20 million from the Medicare Managed Care expansion to Children and Medically Needy; Transferring $1.5 million from the Skills Development Fund to funding for local libraries; Appropriating $16 million to the Department of State Health Services to support out-patient competency restoration pilot programs; Directing the Department of Health and Human Services to give priority to contractors and service providers with evidence of operating in the most efficient and effective manner; Transferring $60 million out of family planning services through a series of amendments to funding for children s health, mental health, autism programs, and trauma care; Restoring funding for the three new junior colleges with four-year degree programs by reducing funding for the Windham School District by $464,979 per year and funding the Bachelor of Applied Technology programs at Brazosport College, Midland College, and South Texas College; Transferring $2.5 million per year from Student Financial Aid Programs to the Developmental Education Program; Transferring money from the Student Financial Aid Programs to the Tuition Equalization Grant Program; Allocating funds received from the annual inmate fee to correctional health care (contingent on the passage of HB 3386);

18 Allocating funding to Texas Department of Agriculture s Integrated Pest Management for the purpose of cotton stalk destruction regulatory activities; Requiring unexpended balances in the Low Income Energy Assistance Discount Program to be expended on a month to month basis until all appropriated funds from the account are spent on the low income discount; Allowing state agencies to fill vacant positions only if filling the position remains critically related to the agency s ability to perform its core function; Reducing funding to the House and Senate by $3 million each and transferring the funding to the Department of Assistive and Rehabilitative Services for comprehensive rehabilitation; Reducing funding for Legislative Council by $4 million and transferring the funding to the Texas Education Agency for Communities in Schools; Prohibiting state agencies from increasing fees without statutory authorization; and Prohibiting Texas Department of Transportation from expending funds to hire a lobbyist unless the expenditure is allowed by state law. HB 1 passed to 3 rd Reading by a vote of 98 to 49 essentially along party lines with no Democrats voting for it and two Republicans voting with the Democrats in opposition Representatives Aaron Pena of Edinburg and David Simpson of Longview. Sylvester Turner (D-Houston) and Speaker Joe Straus voted present. On final passage a few minutes later, the vote was still 98 49, but two Democrats voted with the Republicans in favor of it Representatives Eric Johnson of Dallas and Tracy King of Eagle Pass. Two other Republicans joined Representatives Pena and Simpson in opposition including Jim Jackson of Carrollton and Susan King of Abilene. Representative Alma Allen (D-Houston), whose husband passed away this week, was absent. Senate Fiscal Matters Subcommittee List of Fiscal Options Leaked A copy of the Senate s list of fiscal options for generating additional money for the Senate to add to its budget has been leaked and a copy can be found here. The list is a mix of fee increases, fund sweeps, property sales, discount repeals, and tax increases, and is sorted in priority order. Among the more interesting items are: taking balances from the state s enterprise and emerging technology funds ($200 million), repealing the economic development tax refund ($10 million), eliminate the hotel permanent resident exception ($16 million), suspend the August sales tax holiday ($111 million), speed up motor fuels, alcohol, franchise and sales tax payments ($1.5 billion), statutorily reverse the Blue Cross sales tax decision ($200 million), repeal the contract computer programming sales tax exemption ($324 million), repeal the partial sales tax exemption for data processing ($59 million), cap the timely filer sales tax discount at $3,750 per year ($85 million) liquidate the tobacco settlement endowment funds ($590 million), impose a new fuel inefficiency surcharge ($115 million), impose a fee on satellite providers ($115 million), cap the benefits on Chapter 313 school tax limitations ($94 million), liquidate the permanent public health fund ($379 million), a variety of adjustments to the high cost gas exemption (totaling approximately $600 million)

19 expand sales tax nexus ($16 million) reduce cigarette tax stamp discount from 3% to 1% ($47 million) repeal timely filing discount for motor fuels ($128 million) release 3,000 non-violent offenders who would immediately be deported ($111 million), and repealing the sales tax exemption on rolling stock and locomotives ($33 million). Also on the list of revenue raisers would be extending the small business exemption from the franchise tax an item that costs the state an estimated $150 million STAR AWARDS CALL FOR ENTRIES 2011 STAR AWARDS CALL FOR ENTRIES The Texas Association of Builders (TAB) is now accepting submissions for the 2011 Star Awards. The highly-coveted Star Awards are given annually to recognize excellence in all areas of the home building industry. Both members of the Texas Association of Builders and non-members may enter to win one of these prestigious awards that recognize the industry s best from the Southwest region of the United States: Texas, Arkansas, Louisiana, New Mexico and Oklahoma. The Call for Entries this year includes categories for Custom Builders, Volume Builders, Remodelers, Developers, Multifamily Builders, Associate Members and Individual Achievements. Entries can be submitted online at All home building, remodeling and promotional projects completed between January 1, 2009 and July 8, 2011 may be entered for consideration. The Early Bird entry fee is $100 per entry received by the deadline of 5 p.m. on June 17, The entry fee for submissions after June 17, 2011 is $125. The final deadline to receive entries is 5 p.m., Friday, July 15, Entries will be judged by a distinguished panel of industry experts. Finalists and winners will be showcased during the Sunbelt Builders Show October 20-22, 2011 at the AustinConvention Center. Upcoming Hearings House Business and Industry: Monday, April 11 at 8:30 A.M. in E TAB is tracking: HB 1071 (Davis, Sarah) Relating to the extension of deed restrictions in certain residential real estate subdivisions.

20 HB 2501 (Thompson) Relating to voting in property owners' association elections. HB 2793 (Hunter) Relating to the processing fee charged for a dishonored payment device. HB 2829 (McClendon) Relating to requiring the disclosure of certain information to purchasers and renters of residential property in certain counties. HB 2846 (Madden) Relating to certain procedures and civil penalties under the Deceptive Trade Practices-Consumer Protection Act. HB 2869 (Harper-Brown) Relating to the powers and duties of certain master mixed-use property owners' associations. HB 3593 (Smith, Wayne) Relating to providing notice of foreclosure to certain lien holders. House Judiciary and Civil Jurisprudence: Monday, April 11 at 2:00 p.m. in E TAB is tracking: HB 274 (Creighton) Relating to attorney's fees, early dismissal, expedited trials, and the reform of certain remedies and procedures in civil actions. House Land and Resource Management: Monday, April 11 at 2:00 P.M. in E TAB is tracking: HB 1665 (King, Susan) Relating to the notification requirements regarding certain land use regulations in an area near military facilities. HB 3096 (Kolkhorst) Relating to the cancellation of a subdivision by a commissioners court. HB 3539 (Thompson) Relating to the authority of certain municipalities to acquire by eminent domain certain public utilities. House Ways and Means: Monday, April 11 at 2:00 P.M. in E TAB is tracking: HB 579 (Callegari) Relating to the retention of the $1 million total revenue exemption for the franchise tax. HB 701 (Murphy) Relating to the total revenue exemption for the franchise tax. HB 1187 (Howard, Charlie) Relating to the retention of the $1 million total revenue exemption for the franchise tax. HB 1411 (Bonnen) Relating to the retention of the $1 million total revenue exemption for the franchise tax. HB 1090 (Gonzalez, Naomi) Relating to the calculation of interest on certain ad valorem tax refunds. HB 2203 (Otto) Relating to the pilot program authorizing a property owner to appeal to the State Office of Administrative Hearings certain appraisal review board determinations. HB 2205 (Oliveira) Relating to the eligibility of persons to participate in the public sale of certain real property and the purchase of that property. HB 2208 (Oliveira) Relating to the authority of the chief appraiser of an appraisal district or the collector for a taxing unit to waive penalties for failing to file certain documents. HB 2220 (Davis, Yvonne) Relating to the requirement to prepay ad valorem taxes as a prerequisite to determining certain motions or protests and the authority of an appraisal review board to determine compliance with the requirement. HB 2338 (Paxton) Relating to the posting on the Internet by tax officials of information regarding ad valorem tax rates. HB 2461 (Bonnen) Relating to the immunity of property tax arbitrators from liability for determinations made in the course of binding arbitrations. HB 2972 (Smith, Todd) Relating to the municipal street maintenance tax.

21 HB 3275 (Coleman) Relating to the powers and duties of counties and political subdivisions of this state and entities created by those subdivisions. HB 3540 (Phillips) Relating to the administration of appraisal districts and the appraisal of property for ad valorem tax purposes. HB 1056 (Villarreal) Relating to the ad valorem taxation of property used to provide low-income or moderate-income housing and clarifying legislative intent. HB 1576 (Garza) Relating to the monitoring of compliance with low-income and moderate-income housing ad valorem tax exemptions. HB 2746 (Martinez Fischer) Relating to liability for the additional tax imposed on land appraised for ad valorem tax purposes as qualified open-space land in the event of a change of use of the land if the land is transferred to a charitable organization. HB 3133 (Rodriguez) Relating to the appraisal for ad valorem tax purposes of property on which housing is being or has been built or repaired for sale to a lowincome individual or family. Senate Business and Commerce: Tuesday, April 12 at 7:30 A.M. in E TAB is tracking: SB 63 (Zaffirini) Relating to the creation of the individual development account program to provide savings incentives and opportunities for eligible persons to pursue home ownership, postsecondary education, and business development. SB 1274 (Williams) Relating to the registration of roofing contractors. SB 1319 (Lucio) Relating to home loans that are not federally related mortgage loans. SB 1320 (Lucio) Relating to deceptive trade practices in connection with executing and filing deeds in lieu of foreclosure. SB 1332 (Deuell) Relating to the waiver and release of a mechanic's, contractor's, or materialman's lien or payment bond claim. SB 1425 (Wentworth) Relating to certain deposits in a construction account. SB 1457 (Harris) Relating to administrative procedures for title insurance hearings, licensing, and enforcement. House Natural Resources: Tuesday, April 12 at 8:00 A.M. in E TAB is tracking: HB 3273 (Ritter) Relating to the creation and funding of the state water implementation fund for Texas to assist the Texas Water Development Board in the funding of certain projects included in the state water plan. HB 3822 (Workman) Relating to land excluded from the Hill Country Priority Groundwater Management Area. HJR 137 (Ritter) Proposing constitutional amendments relating to the funding of certain water projects. HJR 138 (Ritter) Amendment providing for the creation and funding of the state water implementation fund for Texas to assist the Texas Water Development Board in the funding of certain projects included in the state water plan. Senate Natural Resources: Tuesday, April 12 at 9:00 A.M. in E TAB is tracking: SB 1250 (Lucio) Relating to the applicability of certain restrictions on the location and operation of concrete crushing facilities. SB 1741 (Fraser) Relating to tree mitigation fees imposed by municipalities. House Licensing and Administrative Procedures: Tuesday, April 12 at 8:00 A.M. in E TAB is tracking: HB 1092 (Christian) Relating to the exemption

22 from certain construction requirements for volunteer fire departments in certain counties. HB 1692 (Flynn) Relating to the dismissal of complaints against property tax professionals. HB 2530 (Legler) Relating to the regulation of foundation repair contractors. to the business of structural pest control. HB 3441 (Chisum) Relating to the practice of professions regulated under the Occupations Code. House Pensions, Investments and Financial Services: Tuesday, April 12 at 8:00 A.M. in E TAB is tracking: HB 2713 (Thompson) Relating to refinancing low-rate home loans involving natural disaster recovery funds. HB 3453 (Anchia) Relating to the regulatory authority of the consumer credit commissioner. House Insurance: Tuesday, April 12 at 1:30 P.M. in E TAB is tracking: HB 1355 (Orr) Relating to title insurance coverage for certain damage to the surface of land. HB 2010 (Smithee) Relating to indemnification provisions in construction contracts. HB 2151 (Eiland) Relating to annual renewal of a Texas windstorm insurance policy. HB 2838 (Smithee) Relating to the regulation of title insurance rates. HB 2840 (Smithee) Relating to petitions for judicial review of orders on excessive or unfairly discriminatory residential property premium rates. HB 3148 (Torres) Relating to the issuance of windstorm and hail insurance policies by the Texas Windstorm Insurance Association for property located in certain flood zones. HB 3150 (Torres) Relating to the recovery of damages in a cause of action brought against the Texas Windstorm Insurance Association. HB 3794 (Burkett) Relating to disputes under insurance policies. Senate Intergovernmental Relations: Wednesday, April 13 at 9:30 a.m. in E TAB tracking: SB 373 Duncan Relating to the offices of county treasurer and county auditor. SB 589 (Uresti) Relating to appraisal review board members. SB 1368 (West) Relating to the authority of a co-owner of residential property to encumber the property. SB 1385 (Lucio) Relating to the authority of the chief appraiser of an appraisal district or the collector for a taxing unit to waive penalties for failing to file certain documents. SB 1673 (Gallegos) Relating to the composition of the Texas Commission on Fire Protection and the disposition of certain fees collected by the commission. House Transportation: Wednesday, April 13 at 8:00 A.M. in E TAB is tracking: HB 1749 (Kuempel)Relating to county roads mistakenly established and maintained by an adjoining county. HB 2767 (Strama) Relating to the parking of construction equipment and certain motor vehicles. HB 3518 (Rodriguez) Relating to local funding for mobility improvement and transportation projects. House Urban Affairs: Wednesday, April 13 at 10:30 A.M. in E TAB is

23 tracking: HB 307 (Menendez) Relating to the administration of the homeless housing and services program by the Texas Department of Housing and Community Affairs. HB 2082 (Lozano) Relating to the validation of a home-rule charter for certain municipalities. HB 3491 (Menendez) Relating to establishment and functions of certain urban land bank programs. HB 1175 (Workman) Relating to the election of the governing body of certain municipalities. HB 1745 (Coleman) Relating to the authority of certain municipalities to impose term limits on the members of their governing bodies. HB 2262 (Dutton) Relating to periodic reauthorization of municipal building permit fees. House Energy Resources: Wednesday, April 13 at 2:00 P.M. in E TAB is tracking: SB 655 (Hegar) Relating to the abolition of the Railroad Commission of Texas, the creation of the Texas Oil and Gas Commission, and the transfer of the powers and duties of the railroad commission to the oil and gas commission. HB 1302 (Larson) Relating to the establishment of the Texas Energy and Communications Commission to consolidate the functions of the Public Utility Commission of Texas and the Railroad Commission of Texas. HB 2429 (Strama) Relating to availability of certain information regarding energy use and efficiency of certain residential property. House County Affairs: Thursday, April 14 at 10:30 A.M. in E TAB is tracking: HB 3394 (Oliveira) Relating to county building code standards for new residential construction. HB 2617 (Harless) Relating to the regulation of the sale and use of fireworks by certain counties. 82nd Legislature Dates of Interest Monday, May 30, 2011 (140 th Day) Last day of 82nd Regular Session. The Legislature adjourns Sine Die. Sunday, June 19, 2011 ( 20 th Day Following Final Adjournment) Last day governor can sign or veto bills passed during the regular legislative session. Monday, August 29, 2011 (91 st Day Following Final Adjournment) Date that bills without specific effective dates (that could not become effective immediately) become law. Helpful Links Texas House of Representatives Texas Senate To research bills of interest, visit the Texas Legislature Online.

24 Thank you to our 2011 Rally Day Partners! Texas Panhandle Builders Association PAC