tag:blogger.com,1999:blog-79900669376573606832024-03-13T20:41:40.411-06:00New Texas LawsBills passed into law by Texas Legislature and signed by the Governor.
Bills are not added to this site until they are signed by the Governor or passed into law without his signature.<br>
<br>Bills which have been sent to the Governor of Texas for his signature are not added to this site until the <br>Texas Legislature website notes that he has signed them into law or the time limit for the Governor to exercise veto power has passed.Stevehttp://www.blogger.com/profile/03457479716116677808noreply@blogger.comBlogger18125tag:blogger.com,1999:blog-7990066937657360683.post-47073119910793617722009-06-20T13:14:00.002-06:002009-06-20T13:19:02.030-06:00HB 2572 Signed by Gov<div><br /></div><div><span class="Apple-style-span" style="font-family: 'times new roman'; "><table width="680" cellpadding="0" cellspacing="0" style="empty-cells: show; "><tbody><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" valign="top" colspan="2" align="right" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">H.B. No. 2572</td></tr></tbody></table><table width="680" cellpadding="0" cellspacing="0" style="empty-cells: show; "><tbody><tr><td colspan="3" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td></tr><tr><td colspan="3" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td></tr><tr><td colspan="3" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" align="center" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><center>AN ACT</center></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">relating to the authority of a gas corporation to use a public</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">right-of-way.</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> SECTION 1. Section 121.2025(a), Utilities Code, is amended</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">to read as follows:</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> (a) Except as otherwise provided by this section or Section</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">182.025, Tax Code, a municipality may not assess a charge for the</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">placement, construction, maintenance, repair, replacement,</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">operation, use, relocation, or removal of a gas pipeline facility</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">on, along, <u>under,</u> or across a public road, highway, street, alley,</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">stream, canal, or other public way.</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> SECTION 2. Section 181.005, Utilities Code, is amended to</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">read as follows:</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> Sec. 181.005. AUTHORITY TO LAY AND MAINTAIN LINES. <u>(a)</u> A</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">gas corporation has the right to lay and maintain lines over<u>, along,</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>under,</u> and across a public road, a railroad, railroad right-of-way,</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">an interurban railroad, a street railroad, a canal or stream, or a</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">municipal street or alley <u>only if:</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> <u>(1) the pipeline complies with:</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> <u>(A)</u><u> </u><u> </u><u>all safety regulations adopted by the</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>Railroad Commission of Texas and all federal regulations relating</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>to pipeline facilities and pipelines; and</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> <u>(B)</u><u> </u><u> </u><u>all rules adopted by the Texas Department of</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>Transportation or the Railroad Commission of Texas and all federal</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>regulations regarding the accommodation of utility facilities on a</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>right-of-way, including regulations relating to the horizontal or</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>vertical placement of the pipeline; and</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> <u>(2)</u><u> </u><u> </u><u>the owner or operator of the pipeline ensures that</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>the public right-of-way and any associated facility are promptly</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>restored to their former condition of usefulness after the</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>installation or maintenance of the pipeline</u>.</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> <u>(b)</u><u> </u><u> </u><u>The right granted by Subsection (a) relating to the use</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>of a municipal street or alley is subject to the payment of charges</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>in accordance with Section 121.2025 of this code and Sections</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>182.025 and 182.026, Tax Code.</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> <u>(c)</u><u> </u><u> </u><u>In determining the route of a pipeline within a</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>municipality, a gas corporation shall consider using existing</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>easements and public rights-of-way, including streets, roads,</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>highways, and utility rights-of-way. In deciding whether to use a</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>public easement or right-of-way, the gas corporation shall consider</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>whether:</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> <u>(1) the use is economically practicable;</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> <u>(2) adequate space exists; and</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> <u>(3)</u><u> </u><u> </u><u>the use will violate, or cause the violation of any</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>pipeline safety regulations.</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> <u>(d)</u><u> </u><u> </u><u>The Texas Department of Transportation may require the</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>owner or operator of a pipeline to relocate the pipeline:</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> <u>(1)</u><u> </u><u> </u><u>at the expense of the owner or operator of the</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>pipeline, if the pipeline is located on a right-of-way of the state</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>highway system;</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> <u>(2)</u><u> </u><u> </u><u>at the expense of this state, if the pipeline is</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>located on property in which the owner or operator of the pipeline</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>has a private interest; or</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> <u>(3)</u><u> </u><u> </u><u>in accordance with Section 203.092,</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>Transportation Code, at the expense of this state, if the pipeline</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>is owned or operated by a gas utility as defined by Section 181.021</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>of this code or a common carrier as defined by Chapter 111, Natural</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>Resources Code.</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> <u>(e)</u><u> </u><u> </u><u>Rules adopted by the Texas Department of Transportation</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>regarding horizontal and vertical placement of pipelines must be</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>reasonable and, for rights-of-way of the state highway system, must</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>provide an appeals process through the Texas Department of</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "><u>Transportation.</u></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> SECTION 3. This Act takes effect immediately if it receives</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">a vote of two-thirds of all the members elected to each house, as</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">provided by Section 39, Article III, Texas Constitution. If this</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">Act does not receive the vote necessary for immediate effect, this</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">Act takes effect September 1, 2009.</td></tr><tr><td colspan="3" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td></tr><tr><td colspan="3" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="300" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">______________________________</td><td width="300" valign="top" align="right" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">______________________________</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="300" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> President of the Senate</td><td width="300" valign="top" align="right" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">Speaker of the House </td></tr><tr><td colspan="3" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td></tr><tr><td colspan="3" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> I certify that H.B. No. 2572 was passed by the House on April</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">28, 2009, by the following vote: Yeas 146, Nays 0, 2 present, not</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">voting; and that the House concurred in Senate amendments to H.B.</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">No. 2572 on May 25, 2009, by the following vote: Yeas 146, Nays 0,</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">1 present, not voting.</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" align="right" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" align="right" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">______________________________</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" align="right" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">Chief Clerk of the House </td></tr><tr><td colspan="3" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> I certify that H.B. No. 2572 was passed by the Senate, with</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">amendments, on May 21, 2009, by the following vote: Yeas 31, Nays</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">0.</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" align="right" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "></td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" align="right" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">______________________________</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" align="right" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">Secretary of the Senate </td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; ">APPROVED: __________________</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> Date </td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> __________________</td></tr><tr><td width="65" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> </td><td width="615" colspan="2" valign="top" style="font-family: Courier, Arial, sans-serif; font-size: 10pt; "> Governor <br /><br />SOURCE: <a href="http://www.legis.state.tx.us/tlodocs/81R/billtext/html/HB02572F.htm">Texas Legislature on Line</a></td></tr></tbody></table></span></div>faithchatham@gmail.comhttp://www.blogger.com/profile/15842753099519084220noreply@blogger.com5tag:blogger.com,1999:blog-7990066937657360683.post-88517033912614643212009-06-02T10:21:00.004-06:002009-06-02T10:28:25.203-06:00Texas Legislature adjourns after meltdown in Senate; special session looms<span style="font-style:italic;">By DAVE MONTGOMERY and AMAN BATHEJA - Fort worth Star Telegram - Mon. June 1, 2009</span><br />AUSTIN — The 81st Legislature adjourned Monday night with angry state senators urging Gov. Rick Perry to call a special session to salvage $2 billion in highway transportation money. The money was left in limbo when the House killed legislation to keep the Texas Department of Transportation and four other state agencies operating.<br /><br />The dust-up dashed hopes for a smooth conclusion to the 140-day biennial session without the need for a special session to deal with unresolved issues or priorities demanded by the governor.<br /><br />Earlier, on the first day of the hurricane season, lawmakers came through at Perry’s insistence with emergency legislation to replenish a windstorm insurance fund for Gulf Coast residents.<br /><br />At the center of the dispute was the House’s decision to abandon a "safety net" bill that would have granted a two-year continuance for the Transportation Department, the state Department of Insurance and three other agencies. The safety net legislation for the Transportation Department was considered a stop-gap fix after a more comprehensive bill restructuring the agency died in the waning days of the Legislature.<br /><br />Before adjourning, House members approved a parliamentary patch-up that they said would keep the Transportation Department operating. But senators condemned that action as insufficient, voting 17-11 to adjourn without voting on it, and denounced the House for killing the transportation bill. That legislation included $2 billion in transportation bonds to fund highway projects across the state.<br /><br />Senators called on Perry to convene a special session to reauthorize the Transportation Department and clear the way for using the $2 billion in highway construction money.<br /><br />Perry spokeswoman Allison Castle did not directly address the request for a special session, but she disputed the senators’ description of the situation, saying the agencies will be able to continue operating like normal despite the tumultuous conclusion of the session.<br /><br /><span style="font-weight:bold;">'A disaster’</span><br /><br /><blockquote>"The action by the House is a disaster," said Sen. Steve Ogden, R-Bryan. "Right now, the budget at TxDOT is wrecked and people are going to start losing their jobs" if Perry declines to call a special session.</blockquote><br /><br />Senators were told that the agency can continue to operate until September 2010, giving Perry adequate time to call lawmakers back to Austin if he agrees that it’s necessary.<br /><br />Senators expressed outrage that the House abruptly adjourned without passing a resolution that would have permitted the use of the bonds.<br /><br />"They went sine die [adjourned] after destroying four and a half months of work that passed through this body," said Sen. Troy Fraser, R-Horseshoe Bay.<br /><br />In other action, the Senate sent to the governor a $1.9 billion school funding bill that includes a one-time $800 pay raise for teachers.<br /><br />It was the first expansion of public school financing since 1948 that wasn’t mandated by a court order, said Sen. Florence Shapiro, R-Plano, the Senate Education Committee chairwoman. She described the measure <blockquote>"as one of the finest pieces of legislation this Legislature has done in a very long time."</blockquote><br /><br />The House and Senate adjourned Monday evening after days of turbulence that included a bill-killing parliamentary slowdown in the House and a threatened filibuster in the Senate.<br /><br /><blockquote>"Some days I thought would never end, and some weeks flew by," Speaker Joe Straus said before adjourning the House on a motion from Rep. Charlie Geren, R- Fort Worth.</blockquote><br /><br />After a weekend when many bills seemed to zoom through both chambers, things often slowed to a crawl Monday. During long delays between votes, members on the House floor signed "thank you" cards or used their laptops to check news sites or watch funny videos.<br /><br />Senators did their part to avoid a special session by sending Perry legislation to fund windstorm insurance coverage for Gulf Coast counties. Perry had threatened to call a special session if lawmakers failed to bolster the insurance fund. The bill passed the House earlier.<br /><span style="font-weight:bold;"><br />A 'miracle’ comeback</span><br /><br />Some of the most emotional moments on the session’s last day centered on the return of Rep. Edmund Kuempel, R-Seguin, just weeks after he suffered a heart attack and collapsed in a Capitol elevator. Lawmakers had feared the worst when Geren, Kuempel’s close friend, told House members early on that their colleague was in a medical coma.<br /><br />The chamber erupted in applause and cheers as Geren wheeled Kuempel onto the House floor. <blockquote>"It’s good to be here," Kuempel said with a broad smile, right before receiving a kiss on the cheek from Rep. Vicki Truitt, R-Keller.<br /></blockquote><br />Many expressed amazement that Kuempel made it back in time for the end of the session. "It’s a miracle," said Rep. Leo Berman, R-Tyler, shaking his head in disbelief.<br /><span style="font-weight:bold;"><br />Voter ID battle</span><br /><br />Compared to bitterly confrontational sessions of previous years, the 81st Legislature was relatively tame as Straus, a moderate Republican from San Antonio, sought to steer the almost evenly divided House on a bipartisan course after replacing former Speaker Tom Craddick, who was ousted.<br /><br />But the tranquility dissolved in the closing days as Democrats staged a five-day parliamentary slowdown that successfully killed a voter-identification bill. Hundreds of other bills caught in the crossfire also died.<br /><br />The voter ID issue, which will likely return in the 2011 session, was easily the most volatile partisan issue in both chambers.<br /><br />Lingering bitterness from the fight over the voter ID bill was still evident Monday.<br /><blockquote><br />"I hope that the people of Texas will be able to look back at this session as the moment when members put their foot down and stopped the House leadership from pushing partisan priorities over the needs of Texas families," said Rep. Marc Veasey, D-Fort Worth.</blockquote><br /><br />House Elections Committee Chairman Todd Smith, R-Euless, said, <blockquote>"I think it went marvelously well in that the House functioned as a remarkably civil body until the last few days," referring to the impasse over voter ID legislation</blockquote>.<br />DAVE MONTGOMERY, 512-476-4294 AMAN BATHEJA, 817-390-7695faithchatham@gmail.comhttp://www.blogger.com/profile/15842753099519084220noreply@blogger.com0tag:blogger.com,1999:blog-7990066937657360683.post-20001869407004269512009-05-31T10:25:00.004-06:002009-05-31T11:11:18.219-06:00If you want to watch high comedy - tune into the Texas Senate today (Sun. May 31) at 1<span style="font-style:italic;">By Faith Chatham - DFWRCC - May 31, 2009</span><br />Antics in Austin, are similar to those in families. We usually know what isn't going to work before we decide to go on an pull it anyway.<br />Republicans knew that the Democrats weren't going to swallow their Voter ID Bill. <br />They pushed it anyway and wouldn't budge.<br />Democrats held their ground.<br />Most of the bills that some Republicans didn't want which were popular with many constituents of members of both sides of the aisle were already dead in committee.<br />Yet political posturing of those on the right is a spin saying that these initiatives died because of the bad Democrats. Those on the left think the stubborness of the Republicans over Voter ID was the culprit.<br /><br />Now they are scrambling to try to get the differences worked out between the two houses.<br />Yesterday's telecast of the Texas Senate shows them scrambling:<br /><a href="http://www.senate.state.tx.us/avarchive/?yr=2009">http://www.senate.state.tx.us/avarchive/?yr=2009</a><br /><br />This afternoon's Senate Session starts live at 1 p.m. Central Standard Time.<br /><a href="http://www.senate.state.tx.us/bin/live.php">Click here</a> to see it.<br />It requires Real Player which can be downloaded free on the Texas Legislature On Line Site.<br />The archives shows the clubbing that occurred in the House last week where legislators on both sides of the aisle stretched out the process by discussing mundane things in their debate. After Republicans understood that the Democrats would stretch up to the last minute before passing the bills on the calendar, they went along and played straight man to the Democrats and occasionally switching roles.<br /><br />Texas House Video Archives can be seen <a href="http://www.house.state.tx.us/media/chamber/81.htm">here</a>. Select links for dates late in May to witness the chubbing. It's the "let's stay home and not run over the border to Oklahoma" tactics which had the same result.<br /><br /><span style="font-style:italic;">By Mike Ward , Ben Wear - AUSTIN AMERICAN-STATESMAN STAFF - Sunday, May 31, 2009</span><br /><blockquote><span style="font-weight:bold;"><br />TxDOT dispute flares anew</span><br />A push to let Austin and other metropolitan areas raise gasoline taxes and to phase out red-light enforcement cameras died Saturday as part of a legislative deal hammered out on Texas Department of Transportation operations.<br /><br />In retaliation, two key senators who supported the local-option tax measure said they may push to kill the TxDOT bill when it comes up for Senate debate today — a move that could put $2 billion for road projects out of reach and that would end TxDOT's authority to build more build more private toll roads.<br /><br />Meanwhile, House and Senate negotiators announced a deal on windstorm insurance coverage for coastal areas, an issue that Gov. Rick Perry has warned could cause a special session if left unresolved.<br /><br />"We have an agreed-to deal," said Rep. Larry Taylor, R-Friendswood, one of the negotiators. "Special session very unlikely."<br /><br />However, the negotiators were waiting for the final printing of the bill and held back details.<br /><br />The developments were part of daylong drama that unfolded at the Capitol, as Perry vetoed his first bill of this session in a dispute over how state laws are written and interpreted and as other issues died and were revived in frantic horse-trading.<br /><br />Passed and sent to the governor was a change in the state's college admission law to allow the University of Texas at Austin to fill three-quarters of its freshmen classes with the top 10 percent of Texas high school students and the remaining 25 percent with whomever UT administrators decide.<br /><br />Dead or nearly dead: New openness mandates for electric cooperatives in Texas, including the troubled Pedernales Electric Cooperative.<br /><br />Still uncertain: The fate of the Texas Racing Commission, which could be shuttered if an agreement is not reached.<br /><br />Also endangered was a clean-air bill that, among other things, proposes incentives to cut emissions from manufacturing and power plant facilities, promotes energy-efficient appliances, and expands air-technology grants. Sen. Kip Averitt, R-Waco, the bill's sponsor, said he and Senate leaders were seeking to attach the provisions to another bill to keep the initiative alive.<br /><br />In other developments, the House approved the state's settlement with the U.S. Department of Justice over the troubled institutions for Texans with mental disabilities. Under the agreement, Texas will have to improve health care and investigate reports of abuse and neglect more quickly at the 13 facilities known as state schools.<br /><br />The Senate has already approved the settlement.<br /><br />A record number of conference committees — more than 200 — scrambled Saturday to meet end-of-session deadlines. Lawmakers worked much of the day at their desks filling out and filing an avalanche of green-colored paperwork that harried aides whisked back and forth between wings of the statehouse.<br /><br />Houston Democrat John Whitmire, the longest-serving senator, said the frantic activity was historic: "I've been here for 36 years and have not seen anything like this, not even a close second."<br /><br />The reason for the last-minute scramble is the stalling of debate last week by House Democrats that killed a voter identification bill in a partisan fight. To save hundreds of bills before a procedural deadline that meant certain death, the Senate tacked on hundreds of amendments to almost as many House bills — a move that triggered the last-minute rush that began Friday.<br /><br />On the TxDOT bill, one of the most high-profile and contentious of the legislative session, the so-called local-option tax was dropped after proponents of the change came up one vote short in the House-Senate conference committee negotiating a final version.<br /><br />The provision would have allowed county commissioners in metro areas to call elections to impose a local gas tax of up to 10 cents a gallon or raise driver's license and registration fees. That money would be targeted to specific road or rail projects named on the ballot.<br /><br />Conservative groups had argued that the provision was tantamount to legislators voting to raise taxes, a position that resonated in the House, which did not have local-option language in the version of the bill it passed.<br /><br />The House version would have banned new or extended red-light camera contracts after June 1. The conference committee proposes using the Senate version, which would allow those caught by cameras to take a driver safety course rather than paying a $75 fine. Given the cost and effort to take such a class, however, many people might opt to simply pay the fine.<br /><br />As legislators worked Saturday, Perry vetoed Senate Bill 2038, an attempt to clarify how the courts and executive branch agencies interpret changes to state law that are intended to be nonsubstantive.<br /><br />Perry told lawmakers that if they intend a law to accomplish a specific purpose, they should write it clearly enough to do that, not use a re-codification bill<br /><br />While both the Senate and House approved the measure by wide margins, Sen. Robert Duncan, R-Lubbock, said he does not expect that the Legislature will try and override the veto</blockquote>. Read more in the <a href="http://www.statesman.com/news/content/region/legislature/stories/05/31/0531legemain.html">Austin American Statesman</a>faithchatham@gmail.comhttp://www.blogger.com/profile/15842753099519084220noreply@blogger.com0tag:blogger.com,1999:blog-7990066937657360683.post-75816200374368654722009-05-30T18:31:00.002-06:002009-05-30T18:34:48.716-06:00aturday, May 30, 2009, 06:18 PM<br /><br /><span style="font-style:italic;">Postcards By MIke Ward - Austin American Statesman - Sat., May 30, 2009</span><br />Read more in the <a href=" http://www.statesman.com/blogs/content/shared-gen/blogs/austin/politics/entries/2009/05/30/conferees_to_extend_their_work.html ">Austin American Statesman</a><br /><span style="font-weight:bold;">Conferees to extend their work </span><br /><blockquote><br />By a unanimous vote, the Texas Senate just extended its deadline for the more than 180 conference committees to wrap up their work.<br /><br />From tonight at midnight to tomorrow at midnight.<br /><br />That means the <span style="font-weight:bold;">Senate on Monday likely will be approving dozens of conference committee reports </span>— the final versions of bills — where they were supposed to just do minor corrections to a few bills.<br /><br />Senate Administration Committee Chairman Tommy Williams, R-The Woodlands, told senators a few minutes ago that 131 House bills loaded up with Senate amendments are still in conference — meaning they are still in negotiation with House members.<br /><br />“We’ve got a lot of work to do,” Williams said.<br /><br />The vote to waive the rule and extend tonight;s deadline was 31-0. A four-fifths vote of at least 25 senators was required.<br /><br />Earlier today, the Senate started appointing conference committees on at least 182 bills, not counting the four dozen or so that were already at work.<br /><br />Lawmakers in both chambers have said <span style="font-weight:bold;">the number of conference committees this session is unprecedented in recent memory,</span> all because of a vote-stalling maneuver in the House last week over a voter identification bill. That delayed action on hundreds of bills, prompting the Senate to tack them on as amendments to House bills — a move that has created a procedural logjam in a session to ends at midnight Monday.<br /><br />All day today, the Senate Chamber has been abuzz with negotiations and conference committee meetings between lawmakers, almost frantic in its pace, as lawmakers scramble to come up with final versions of bills by their deadlines.<br /><br />No word yet on whether the House will extend its deadline at midnight tonight for filing the final versions of all bills.</blockquote>faithchatham@gmail.comhttp://www.blogger.com/profile/15842753099519084220noreply@blogger.com0tag:blogger.com,1999:blog-7990066937657360683.post-68904193676241006312009-05-30T17:46:00.004-06:002009-05-30T17:58:05.560-06:00Paper is flying everywhere in the House and Senate as Conference Committees work to meet deadline<blockquote>By Mike Ward - Saturday, May 30, 2009,<br />Read <a href="http://www.statesman.com/blogs/content/shared-gen/blogs/austin/politics/entries/2009/05/30/182_conference_committees_2.html">More in the Austin American Statesman</a><br /><br /><span style="font-weight:bold;">182 more conference committees</span><br /><br />Lt. Gov. David Dewhurst just announced that the Texas Senate has received requests from the House for 182 conference committees to work out last-minute details on pending bills.<br /><br />That’s correct, 182 — surely a record, since the Senate already had authorized more than four dozen by last night.<br /><br />Before midnight tonight, all the conference committees must have their deals worked out on final language for bills, and have their report filed with the House.<br /><br />Otherwise, bills die.<br /><br />It’s going to be a busy afternoon — and evening.<br /><br />In the Senate, Administration Committee Chairman Tommy Williams, R-The Woodlands, just suggested that senators remain at their desks throughout the afternoon to get the Senate’s paperwork on the conference committees approved and sent promptly back to the House.<br /><br />Paper is flying everywhere, and the Senate just took the unusual step of allowing up to two staff members for each senator onto the floor to handle the rush of signing and sorting.</blockquote><br /><br /><span style="font-weight:bold;">Conference Committee Named For Eminent Domain</span><br />On ANOTHER Front.. and this may be the new Eminent Domain Bill SB-18 turned Resolution with a RIDER attached for University Research Institutions<br /> <br /><span style="font-weight:bold;">HJR 14 Corte et al.</span> SP: Duncan in Conference Cmte. <br /><br /><span style="font-weight:bold;">HJR 14 Corte et al.</span> SP: Duncan <br /><br /><span style="font-weight:bold;">Caption: Proposing a constitutional amendment to prohibit the taking of property for transfer to a private entity for certain purposes.</span><br /> <span style="font-weight:bold;">5-30 </span> House refused to concur in Senate amendments and requested the appointment of a Conference Committee.<br /> <span style="font-weight:bold;">5-30 </span> House conferees appointed: Corte, Chair; Bonnen, Hilderbran, Pena, Woolley.<br /><br /><span style="font-weight:bold;">HOUSE Conferees:</span><br />Frank Corte, Chair #122 Corte Frank.Corte@house.state.tx.us <br />512-463-0646 & Fax: 512) 463-0893<br /><br />Dennis Bonnen #25 Bonnen Dennis.Bonnen@house.state.tx.us <br />512-463-0564 & Fax: 512) 463-8414 <br /> <br />Harvey Hilderbran #53 Hilderbran Harvey.Hilderbran@house.state.tx.us <br />512-463-0536 & Fax: 512) 463-1449<br /><br />Aaron Pena #40 Peña Aaron.Peña@house.state.tx.us <br />512-463-0426 & Fax: 512) 463-0043<br /><br />Beverly Woolley #136 Woolley Beverly.Woolley@house.state.tx.us <br />512-463-0696 & Fax: 512) 463-9333<br /><br /><span style="font-weight:bold;">SENATE Conferees:</span><br />Appointed (05/30/2009)<br /><br />Duncan (Chair) Duncan, Robert <br />(512) 463-0128 & Fax: (512) 463-2424 <br />Robert.Duncan@Senate.State.Tx.US<br /><br />Estes Estes, Craig (512) 463-0130 & Fax: (512) 463-8874 <br />Craig.Estes@Senate.State.Tx.US <br /><br />Hegar Glenn Hegar Glenn.Hegar@Senate.State.Tx.US <br />(512) 463-0118 & Fax: (512) 475-3736<br /> <br />Van de Putte Van de Putte, Leticia <br />(512) 463-0126 & Fax: (512) 463-2114<br /> <br />Leticia.VandePutte@Senate.State.Tx.US <br />Whitmire Whitmire, John <br />512) 463-0115 & Fax: (713) 864-5287 <br /> <br />John.Whitmire@Senate.State.Tx.USfaithchatham@gmail.comhttp://www.blogger.com/profile/15842753099519084220noreply@blogger.com0tag:blogger.com,1999:blog-7990066937657360683.post-85484931253785147732009-05-29T15:56:00.005-06:002009-05-29T16:03:11.009-06:00CHIP bill no longer on the table<span style="font-weight:bold;">Children's health care measure, along with windstorm insurance plan, dies as session's end nears</span><br /><span style="font-style:italic;">By R. G. RATCLIFFE - Copyright 2009 Houston Chronicle Austin Bureau - May 29, 2009</span><br />AUSTIN — Lawmakers entered the endgame of the 81st Legislature Thursday still struggling to avoid a special session on windstorm insurance — while also trying in vain to salvage expansion of health care for low-income Texas children.<br /><br />Gov. Rick Perry suggested Thursday that he might veto the Children’s Health Insurance Program bill, assuming it survived the legislative maze necessary to reach his desk. The bill would make available subsidized health insurance for an additional 80,000 Texas children by raising eligibility for CHIP to 300 percent of poverty, or a maximum income of $66,540 a year for a family of four.<br /><br /><blockquote>“I would probably not be in favor of that expansion, even if it came to my desk. The members know that,” Perry said. “That’s not what I consider to be a piece of legislation that has the vast support of the people of Texas.”</blockquote><br /><br /><span style="font-weight:bold;">CHIP and windstorm insurance reform were among hundreds of measures killed earlier this week by an extended House debate of minor bills to avoid controversial voter identification legislation.</span> The Senate worked until about 3 a.m. Thursday reviving many of the dead bills, like CHIP, by putting them on other bills as amendments.<br />‘We have the money’<br /><br />Then late Thursday, the House sent the bill back to the Senate, claiming the CHIP provision to revive the amendment was not germane, all but killing it.<br /><br />Lt. Gov. David Dewhurst said he believes there may be ways to resurrect the measure one more time, if the House will agree by a two-thirds vote.<br /><br /><blockquote>“We have the money in the budget for CHIP,” Dewhurst said. The program is expected to cost the state $43.2 million over the next two years, but draw in 72 cents in federal money for every dollar spent.</blockquote><br /><br /><span style="font-weight:bold;">Perry has told lawmakers he will call a special legislative session if the windstorm insurance bill does not pass.<span style="font-weight:bold;"></span></span> The governor, whose political fund has received $205,000 from the insurance industry since he took office, declared the windstorm insurance reform an emergency item in 2007 and again this year.<br /><br />Hurricanes Ike and Dolly in 2008 busted the Texas Windstorm Insurance Association with an expected $2 billion in payouts. TWIA provides windstorm insurance for homeowners who cannot find private coverage — which includes all of 14 coastal counties and part of Harris County.<br /><br />Perry denied pressuring lawmakers to settle TWIA.<br /><br /><blockquote>“We are working to get a solution,” Perry said. “Whether I would put it into the ‘applying pressure’ category, we just speak truth to power.”</blockquote><br /><br />The outcome of the debate could determine whether the TWIA rates go up significantly.<br /><blockquote><br />“The problem is, who is going to pay for it? And that’s why it’s a statewide issue,” said House sponsor Rep. Larry Taylor, R-Friendswood.<br />Small companies fearful</blockquote><br /><br />Insurance companies want the system reformed because under current law they can be hit with unlimited assessments to make TWIA solvent. Though they would get tax credits from the state, they claim it could force small insurance companies into insolvency.<br /><br />But the Senate’s approach to the problem could cause insurance rates to rise as much as 40 percent for TWIA customers. The House would raise TWIA rates, but in the case of a major catastrophe homeowners across Texas would have to subsidize the costs.<br /><br /><span style="font-style:italic;">“If you’re helping the coastal people too much, the inland people start squawking,” state Sen. Troy Fraser, R-Horseshoe Bay, said. “If you charge the insurance companies too much, then there are people who say you are hurting the viability of the insurance market.”</span><br /><br />House negotiator Rep. John Smithee, R-Amarillo, said lawmakers may not have time to reach a consensus.<br /><br /><span style="font-style:italic;">“It’s still a little bit of a long shot,” Smithee said.</span><br /><br /><span style="font-style:italic;">San Antonio Express-News reporter Gary Scharrer contributed to this story.</span><br />Read more in the <a href="http://www.chron.com/disp/story.mpl/metropolitan/6446391.html">Houston Chronicle</a>faithchatham@gmail.comhttp://www.blogger.com/profile/15842753099519084220noreply@blogger.com0tag:blogger.com,1999:blog-7990066937657360683.post-81292801606673456992008-06-10T23:05:00.003-06:002008-06-10T23:11:29.729-06:00Voter ID and Courage<object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/HjWvBIaYlIw&hl=en"></param><embed src="http://www.youtube.com/v/HjWvBIaYlIw&hl=en" type="application/x-shockwave-flash" width="425" height="344"></embed></object>faithchatham@gmail.comhttp://www.blogger.com/profile/15842753099519084220noreply@blogger.com0tag:blogger.com,1999:blog-7990066937657360683.post-24517435336725763932008-05-31T08:42:00.001-06:002008-05-31T08:45:03.758-06:00Court Upholds Key Provision of the Voting Rights Act<em>By NEIL A. LEWIS - <a href="http://www.nytimes.com/2008/05/31/washington/31vote.html?_r=1&th&emc=th&oref=slogin">The New York Times </a>- May 31, 2008</em><br />WASHINGTON — A special three-judge court ruled Friday that Congress acted constitutionally when it extended the law requiring sections of the country with a history of racial discrimination to get federal approval for any changes in voting procedures.<br /><br />The unanimous decision upheld a central provision of the Voting Rights Act, which Congress initially passed in 1965 and has extended several times since, most recently for 25 years in 2006. Section 5 of the law prohibits several states, mostly in the South, and some local government agencies from changing their election practices without permission from the Justice Department or the courts. <br /><br />Each renewal of the law has been followed by a legal challenge from some state or local agency to this “preclearance” requirement. The latest challenge was undertaken by the board of a public utility near Austin, Tex., which said the requirement conferred a “badge of shame” over “conditions that existed 30 or more years ago but have long since been remedied.”<br /><br />The Northwest Austin Utility District argued that Congress lacked sufficient evidence of racial discrimination to justify the intrusion on state sovereignty. <br /><br />Judge David S. Tatel, who wrote Friday’s decision, agreed with the Justice Department, however, that Congress was appropriately concerned about discrimination against minority voters. The law was extended, Judge Tatel said, only after substantial Congressional findings that “attempts to discriminate persist and evolve.” He noted that from 1980 to 2000, the attorney general acted to block 421 voting changes that the Justice Department had found “intentionally discriminatory.”<br /><br />The law initially applied only to the states of the Confederacy and was intended to address schemes like poll taxes, which, dating from Reconstruction, were devised by local officials to discourage black voter participation. But its requirements have since been expanded to some parts of New York, Michigan and California, where the concern is about the rights of ethnic groups other than African-Americans. <br /><br />Judge Tatel, of the United States Court of Appeals for the District of Columbia Circuit, was joined in Friday’s decision by Paul L. Friedman and Emmet G. Sullivan, both federal district judges in Washington. Under the Voting Rights Act, their ruling may be appealed directly to the Supreme Court. Such an appeal is considered likely.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7990066937657360683.post-50220913886037032922007-12-29T14:23:00.000-06:002007-12-29T14:34:53.053-06:00Laws to help consumers going into effect Tuesday<em>By DAVE LIEBER - Star-Telegram staff writer - Dec. 28, 2007</em><br />Throughout the year, The Watchdog has focused on situations in which state and federal laws weren't tough enough when it came to protecting consumers. So imagine my surprise when I began to look at a batch of new state laws going into effect next week, and found that each seems designed to protect Texans in ways we weren't protected before.<br /><br />For example, as of Jan. 1, your home and your pocketbook will get some added protections, whether you rent an apartment, buy homeowners' insurance, pay property taxes, build a house or buy manufactured housing.<br /><br />Let's take a peek:<br /><br /><strong>Homeowners' insurance premiums</strong><br /><br />If you've filed only one claim on your insurance in the past three years, you won't face a surcharge penalty when you renew the policy. However, the new law allows a surcharge for two or more claims.<br /><br /><strong>Appraisal Review Board hearings</strong><br /><br />If you want to protest your property tax appraisal, and you haven't had a chance to appoint a tax representative before your scheduled hearing before the Appraisal Review Board, your right to one 30-day postponement cannot be denied. Postponement requests can be made by letter, telephone, fax or e-mail.<br /><br /><strong>Tax breaks for low-income housing</strong><br /><br />Starting next week, property tax breaks will increase from 50 percent to 100 percent for owners of newly constructed low-income housing in Tarrant County and other counties with more than 1.4 million residents.<br /><br />The tax break applies only to housing created for sale. Rental owners will continue to get the 50 percent break.<br /><br />State Rep. Marc Veasey, D-Fort Worth, an advocate of quality affordable housing, told me that he is thrilled about the new law.<br /><br />"I'm always going to be for anything that would help build quality affordable housing," he says. "Hopefully, we can see a real increase in quality structures, and not just apartments. Hopefully, we can see some single-family structures go up, too ... which is better for home prices and property values and really gives low-income families a chance to build themselves up."<br /><br /><strong>Texas real estate licensees</strong><br /><br />Real estate brokers, inspectors, salespeople and right-of-way agents will now be required to undergo criminal background checks when they obtain or renew a license from the Texas Real Estate Commission.<br /><br />Fingerprints must be submitted, and anyone who fails to comply will not get a license.<br /><br />Anyone with an outstanding judgment will not be granted a license until the amount is paid.<br /><br /><strong>Landlord-tenant relations</strong><br /><br />Changes put restrictions on when and how landlords can lock out tenants, evict them or charge them late fees, and spell out requirements on handling background checks and staffing 24-hour emergency lines.<br /><br />"It's good for everybody," says John Mitchell, executive director of the Apartment Association of Tarrant County. "It's important that laws be fair. Unfortunately, there are some landlords and property owners that don't always follow the law. We think it's in the best interests of everybody to protect their [tenant] rights."<br /><br />Among the provisions: A landlord can no longer change the locks on an apartment when the tenant is inside. A landlord may not lock out a tenant for failure to pay rent unless that provision is written into the tenant's lease. A landlord may not charge a tenant a late fee for failing to pay rent unless notice of the fee is included in the written lease and the rent remains unpaid on the second day after the rental due date. Then a landlord may charge a late fee plus a daily fee for each day the rent continues to be late.<br /><br />A landlord that has an on-site management or superintendent's office must provide tenants a telephone number that will be answered 24 hours a day to report emergencies that affect "the physical health or safety of an ordinary tenant." The landlord must post the phone number outside the office.<br /><br />When an applicant is given a rental application, the landlord or his or her representative must give the applicant a printed notice of the landlord's tenant selection criteria and the grounds on which the applicant may be denied.<br /><br />"It's an important law and it's embraced by both sides," Mitchell said. "That's important, actually. It's not one side against the other."<br /><br /><strong>Mobile-home owners</strong><br /><br />If you buy a manufactured home in 2008, you have better protection under a new law. Licensing standards for dealers are more strict. Consumers can back out of predatory sales contracts. And mobile-home park tenants have more protections, too.<br /><br />Buyers can change their minds and ask that their deposit money be returned up until the 15th day after a sales agreement. No penalties can be deducted. And this must be stated in large type in the printed agreement.<br /><br />Installers may not place manufactured homes on sites with heavy water runoff unless the conditions are disclosed to the owner, who then signs a form accepting that risk.<br /><br />Requirements to make repairs under warranty are tightened.<br /><br />Sales of mobile homes that have been salvaged but haven't been repaired will be considered a Class B misdemeanor.<br /><br />Owners are entitled to homestead tax exemptions, regardless of whether an owner lists the home as real property or personal property.<br /><br />And at mobile-home parks, rules for terminating leases have been tightened to favor residents.<br /><br /><strong>Smoke detectors</strong><br /><br />Any one-family or two-family residence built after Jan. 1 must have smoke detectors installed by licensed residential fire alarm technicians.<br /><br />Owners who want to renovate older residential structures will be forced to comply with smoke detector regulations in the political subdivision where the structure is.<br /><br />Although the other laws will benefit consumers, this one should save lives. It certainly is a wonderful way to start the new year.<br />Read more in the <a href="http://www.star-telegram.com/news/columnists/dave_lieber//story/380625.html">Fort Worth Star Telegram</a>faithchatham@gmail.comhttp://www.blogger.com/profile/15842753099519084220noreply@blogger.com0tag:blogger.com,1999:blog-7990066937657360683.post-6762922934730733822007-12-29T14:19:00.000-06:002007-12-29T14:23:05.044-06:00Several law changes take effect with new year<em>By JIM VERTUNO - The Associated Press - Sat, Dec. 29, 2007</em><br />AUSTIN -- From Texas classrooms to investment in Sudan, the new year means that new state laws and programs are going into effect.<br /><br />After Tuesday, Texas teachers will be required to start submitting fingerprints for criminal background checks. Two state pension funds will be required to divest from companies doing business with the Sudanese government, and law enforcement will soon have a new tool to catch uninsured motorists.<br /><br /><strong>Teacher fingerprints</strong><br /><br />In the classroom, the Texas Education Agency will begin selecting school districts at random and giving educators 80 days to be fingerprinted for criminal background checks.<br /><br />Texas began requiring national criminal background checks for all teaching candidates in 2003, but that law did not apply to teachers who were already certified. Since those checks began, almost 200 candidates have been found to have serious offenses on their records.<br /><br />The new law requires all certified teachers to be fingerprinted by Sept. 1, 2011. Other school employees, such as janitors and cafeteria workers, will be required to complete the process at the time of their hire.<br /><br /><strong>Pension divestments</strong><br /><br />State lawmakers ordered the pension funds for retired teachers and retired state employees to divest from certain international companies doing business with Sudan.<br /><br />The United States has declared the killings of more of 200,000 people in the African nation since 2003 to be genocide and has largely blamed Sudan and government-backed militias.<br /><br />Supporters of the effort have said it could result in a $500 million divestment by the two funds, which are worth more than $120 billion combined.<br /><br /><strong>Uninsured motorists</strong><br /><br />The Texas Department of Public Safety and state insurance officials are working on a database that will allow officers to know immediately whether a driver who's been pulled over has insurance.<br /><br />Insurance companies are required to submit lists of Texas customers, with weekly updates. An estimated 15 percent to 20 percent of drivers in Texas don't have valid insurance, and drivers can be ticketed $175 to $350 the first time they're caught without a policy.<br /><br />The launch of the Texas Financial Responsibility Verification program may be pushed back to February.<br />Read more in the <a href="http://www.star-telegram.com/state_news/story/381780.html">Fort Worth Star Telegram</a>faithchatham@gmail.comhttp://www.blogger.com/profile/15842753099519084220noreply@blogger.com0tag:blogger.com,1999:blog-7990066937657360683.post-91383123096540740542007-08-17T07:01:00.001-06:002007-08-17T07:03:14.365-06:00SB12 - Air Quality, Reduction of Emissions, Solar Energy Grant Pilot Program for Low Income HousingSB 12: Relating to programs for the enhancement of air quality, including energy efficiency standards in state purchasing and energy consumption; providing penalties<br />Author: Averitt Co-Authors: Ellis & Hinojosa.<br />Enrolled and Signed by Governor 6/8/2007 effective immediately except for Article 5 which is effective Sept. 1, 2007<br /><br /><blockquote>The Dallas-Fort Worth and Houston-Galveston-Brazoria areas of the State of Texas do not currently meet air quality standards for ozone, and the largest contributor to the formation of ozone in these two regions are mobile resources, such as personal automobiles and diesel engines found in construction equipment. Because federal law precludes state regulation of emissions from these sources, the State of Texas has developed the Texas Emissions Reduction Program (TERP) and the Low-Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP), aimed at reducing these emissions. TERP is primarily designed to affect diesel engines, while LIRAP is intended to lessen emissions from personal automobiles. Currently, Texas does not meet the new federal air quality standards effective in 2010.</blockquote><br /><blockquote>C.S.S.B. 12 increases the scope of both the TERP and the LIRAP programs to reduce emissions from mobile sources, increases the number of individuals eligible for grants under LIRAP, and increases the amount of the grant for purchase of a new vehicle. C.S.S.B. 12 seeks to reduce statewide emissions from electrical generation units by providing for the updating of building energy codes, encouraging the purchase of efficient appliances, and providing efficiency standards for school districts, institutions of higher education, state agencies, and governmental entities in counties.</blockquote><br /><br /><blockquote>It is the committee's opinion that rulemaking authority is expressly granted to the Texas Commission on Environmental Quality (TCEQ) in SECTIONS 1.04, 1.05, 1.06, 1.12, and 1.14 of this bill and to the State Energy Conservation Office (SECO) in SECTIONS 3.01 and 3.06 </blockquote><br /><br />C.S.S.B. 12 amends the Health and Safety Code to set forth definitions for "hybrid motor vehicle" and "qualifying new motor vehicle". The bill removes the limitation on the vehicle emissions inspection and maintenance program that applies it only to gasoline-powered vehicles, making <strong>vehicles that are not gasoline-powered subject to the vehicle emissions inspection and maintenance program.</strong> The bill also subjects to the vehicle emissions inspection and maintenance program, <strong>vehicles that are newer than model year 1980 rather than those that are less than 25 years old</strong>.<br /><br />The bill prohibits more than 10 percent of funds provided to counties for LIRAP to be spent on administration of the program. The bill prohibits more than 10 percent of LIRAP fees collected in a county that is subject to an early action compact and has a LIRAP program from being used to pay for administration of the program.<br /><br />The bill provides that if a vehicle is to be retired under LIRAP, the replacement vehicle must be a qualifying motor vehicle. The bill <strong>authorizes TCEQ, by rule, to provide monetary or other assistance under LIRAP for the replacement of a vehicle that meets criteria set forth in the bill.</strong> The bill sets forth the maximum amounts that may be provided toward the purchase of a qualified replacement vehicle based on the vehicle type and model year. The bill authorizes this money to be used as a down payment for purchase of a replacement vehicle. The bill specifies that a vehicle owner's income cannot exceed 300 percent of the federal poverty level to be eligible for vehicle replacement under LIRAP. The bill requires a participating county to provide an electronic means for distributing LIRAP repair and replacement funds and requires these funds to be transferred to a participating dealer within five business days. The bill sets forth provisions relating to documentation that will be issued to a person eligible to purchase a replacement vehicle. The bill sets forth provisions relating to the dismantling and scrapping of a retired vehicle. The bill provides that an automobile dealer that is participating in vehicle emissions programs must be located in this state. The bill specifies that participation in these programs is voluntary.<br /><br />The bill authorizes the appropriation of money for LIRAP local initiative projects only for programs administered in accordance with the Uniform Grants and Contract Management Act. The bill authorizes a participating county to agree to contract with an appropriate entity to implement a vehicle emissions inspection and maintenance program, LIRAP, or LIRAP local initiative project. The bill requires LIRAP local initiative projects to be implemented in consultation with TCEQ and sets forth examples of these local projects. The bill sets forth limits on how these funds may be expended.<br /><br />The bill adds an amount made available to the consumer under LIRAP for vehicle replacement to the definition of "total consideration" in the Tax Code.<br /><br />The bill adds <strong>violations of provisions of the Texas Clean Air Act relating to vehicle emissions to civil penalties provisions of the Water Code.</strong><br /><br />The bill repeals Subsection (e), Section 382.0622; Subsections (q) and (r), Section 382.202; and Section 382.217 of the Health and Safety Code.<br /><br />The bill requires TCEQ to <strong>review its current cutpoint levels for nitrogen oxide (NOx) emissions and determine whether a lower cutpoint standard would best serve the interest of public health and welfare and make necessary adjustment to LIRAP</strong>. The bill requires TCEQ to seek to work in partnership with automobile manufacturers and dealers in the state and the steel industry and automobile dismantlers to implement provisions of this bill.<br /><br />The bill amends the Health & Safety Code to delay the expiration of the TERP program from 2010 to 2013. The bill requires TCEQ in administering TERP to hire staff and consultants needed to implement the TERP program in a timely manner. The bill requires TCEQ to make proposed revisions to TERP grant guidelines available to the public 30 days, rather than 45 days, before the guidelines are adopted. The bill <strong>changes the percentage of time or vehicle miles that must be traveled within nonattainment or affected counties from 75 percent to 50 percent.</strong> The bill also authorizes TCEQ to allow <strong>travel on roads designated by TCEQ that are outside nonattainment or affected counties to count towards this percentage.</strong> The bill allows TCEQ to consider a project for a marine vessel that operates within nine miles of a nonattainment area or affected county in addition to existing requirements. The bill increases the maximum cost effectiveness amount for TERP grants from $13,000 per ton of NOx emissions reduced to $15,000 per ton. The bill adds marine vessels to the types of engines eligible for grants for infrastructure projects for auxiliary power units. <strong>The bill sets forth provisions related to providing funding for and promoting idle reduction technologies. </strong>The bill requires TCEQ to encourage the use of external power units at ports and border crossings. The bill requires TCEQ to set aside funds in the TERP rebate grants program for projects with non-road engines used in construction and ensure that these projects are funded at a level commensurate with their percentage contribution to the nitrogen oxides emissions from mobiles sources. The bill requires TCEQ to implement an internet based application process for these grants and notify potential applicants of changes to the program by email and on the TCEQ website. The bill moves the administration of the TERP fund from the comptroller to TCEQ. Changes to the allocation of TERP funds that were set to take effect in 2008 are repealed and previous provisions are reenacted.<br /><br />The bill makes an institution of higher education based in Houston eligible to administer the New Technology Research and Development Program (NTRD) and authorizes TCEQ to contract with more than one organization to administer the program. The bill sets forth conditions that a non-profit organization under contract with TCEQ to administer the NTRD program is required to meet and sets forth provisions relating to TCEQ oversight of the NTRD program. The bill sets forth provisions relating to the <strong>establishment of a testing facility to evaluate new technology that may result in NOx emissions reductions</strong>. The <strong>bill removes air quality studies from the list of eligible NTRD projects</strong>. The bill provides that the selection of NTRD grant recipients by a nonprofit organization is subject to the TCEQ's review. The bill prohibits a nonprofit organization from making a grant of TERP funds if TCEQ or executive director of TCEQ does not consent to the grant.<br /><br />The bill amends the Tax Code to extend the expiration for the TERP fees and surcharges from 2010 to 2013.<br /><br />Changes to the amount of the fee charged on a certificate of title that were set to take effect in 2008 are repealed from the Transportation Code. The bill provides that the portion of these title fees that are sent to the comptroller and then deposited to the credit of the Texas Mobility fund beginning in 2008 will be deposited directly to the credit of the TERP fund beginning in 2010. The bill provides that the TERP surcharge on certain vehicle registrations expires in 2013 rather than 2010. The bill amends the Health & Safety Code to authorize SECO to adopt new editions of international energy conservation code and sets forth a process for doing so. The bill adds institutions of higher education and state agencies to provisions requiring political subdivisions to implement certain energy efficiency programs. The bill provides for reporting on energy efficiency programs to SECO that would indicate no change from previous reports.<br /><br />The bill amends the Education Code to <strong>require school districts to establish a goal to reduce annual electric consumption by five percent each year for six years.</strong> The bill amends the Government Code to require the Texas Building and Procurement Commissions (TBPC) to develop a list of equipment and appliances that meet energy efficiency standards and assist state agencies in selecting products from that list. The bill requires TBPC or another state agency to purchase equipment and appliances that meet the federal Energy Star standards.<br /><br /> <br /><br /><blockquote>From the text of the bill:<br />ARTICLE 4. IDLING OF MOTOR VEHICLES <br /> SECTION 4.01. Subsections (b), (c), and (d), Section 382.0191, Health and Safety Code, are amended to read as follows: <br /> (b) The commission may not prohibit or limit the idling of a motor vehicle when idling is necessary to power a heater or air conditioner while a driver is using the vehicle's sleeper berth for a government-mandated rest period. Idling is not necessary to power a heater or air conditioner if the vehicle is within two miles of a facility offering external heating and air conditioning connections at a time when those connections are available. <br /> (c) No driver using the vehicle's sleeper berth may idle the vehicle in a residential area as defined by Section 244.001, Local Government Code, or in a school zone or within 1,000 feet of a hospital or a public school during its hours of operation. An offense under this subsection shall be punishable by a fine not to exceed $500. <br /> (d) This section expires September 1, 2009 [2007].</blockquote> <br /><br /><strong>SOLAR ENERGY DEMONSTRATION PROGRAM</strong><br />The bill also enables a solar energy demonstration program. From the text of the bill:<br /><blockquote> ARTICLE 7. SOLAR ENERGY DEMONSTRATION PROJECT <br /> SECTION 7.01. Subchapter Z, Chapter 39, Utilities Code, is amended by adding Section 39.9051 to read as follows: <br /> Sec. 39.9051. ENERGY EFFICIENCY DEMONSTRATION PROJECTS FOR SOLAR ELECTRIC SYSTEM; GRANT PROGRAM. (a) The commission by rule shall establish grant programs for: <br /> (1) a demonstration project for installation of solar electric systems for new residential subdivisions; <br /> (2) a demonstration project for installation of solar electric systems for new or established affordable housing for persons with low incomes; and <br /> (3) a demonstration project for installation of solar electric systems for not more than three small businesses. <br /> (b) To qualify for a grant under this section, the solar electric system must be a device that: <br /> (1) generates electricity using solar resources; <br /> (2) has a generating capacity of not more than 1,000 kilowatts; and <br /> (3) is installed with a manufacturer's warranty against breakdown or undue degradation for a period of at least five years. <br /> (c) A demonstration project grant program established under this section must provide for full or partial payment of the cost of equipment and installation for the solar electric systems. The commission shall establish for each grant program a competitive bidding process for grant applicants. The commission shall <br />consider the value of funding demonstration projects in different parts of this state, after considering the demographic and geographic diversity of this state. <br /> (d) To qualify for a grant under Subsection (a)(1), the applicant: <br /> (1) must be a person whose primary business activity is the building of residential housing developments; and <br /> (2) must have installed or must be contractually obligated to install qualifying solar electric systems in each residence constructed in a residential subdivision. <br /> (e) To qualify for a grant under Subsection (a)(2), the applicant must have installed or be contractually obligated to install a qualifying solar electric system for residential real property: <br /> (1) appraised in accordance with Section 23.21, Tax Code, as affordable housing property; or <br /> (2) subject to a contractual obligation that the property will be appraised in accordance with Section 23.21, Tax Code, as affordable housing property within a reasonable time after the grant is received. <br /> (f) To qualify for a grant under Subsection (a)(3), the applicant must be a small business or owner of a small business that meets qualifications adopted by the commission after consideration of federal Small Business Administration standards for qualification for loans from that administration. <br /> (g) The commission shall issue a report to the governor, lieutenant governor, and speaker of the house of representatives not later than December 1 of each even-numbered year summarizing the status of the grant programs established under Subsection (a). <br /> The report must include the amount of money granted to each demonstration project and an evaluation of whether the projects demonstrate the economic and ecologic viability of solar electric system installations. <br /> (h) This section expires December 31, 2010. <br /> SECTION 7.02. (a) The Public Utility Commission of Texas may not spend money to implement a demonstration project grant program established under Section 39.9051, Utilities Code, as added by this article, except for money described by Subsection (b) of this section that is appropriated to the commission. <br /> (b) The Public Utility Commission of Texas may solicit and accept gifts, grants, and other donations from any source to carry out the demonstration grant program established under Section 39.9051, Utilities Code, as added by this article. <br /> (c) This section expires December 31, 2010</blockquote>.<br /><br /><a href="http://www.capitol.state.tx.us/tlodocs/80R/billtext/html/SB00012F.htm">Read Text of Enrolled Bill</a><br />Read <a href="http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=80R&Bill=SB12">History of Bill</a><br />Read <a href="http://www.capitol.state.tx.us/tlodocs/80R/fiscalnotes/html/SB00012F.htm">Fiscal Notes</a>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7990066937657360683.post-38241613454289654032007-05-30T11:11:00.000-06:002007-05-30T11:18:09.430-06:00HB 632 - Appointment of bailiffs for the 415th District Court<strong>Effective:</strong> on 9/1/07 Signed by Gov. Perry 05/25/2007 <br /><strong>Author:</strong> King, Phil <strong>Sponsor:</strong> Estes <br /><a href="http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=80R&Bill=HB632">HISTORY:</a> <a href="http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=80R&Bill=HB632">SENATE RECORD VOTE:</a> <a href="http://tlo2.tlc.state.tx.us/hjrnl/80r/pdf/80RDAY38FINAL.PDF#page=3">HOUSE RECORD VOTE:</a> <a href="http://tlo2.tlc.state.tx.us/hjrnl/80r/pdf/80RDAY38FINAL.PDF#page=3">TEXT:</a> <br /><br /><blockquote><center>H.B. No. 632<br />AN ACT<br />relating to the appointment of bailiffs for the 415th District Court.</center><br />BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:<br />SECTION 1. Section 53.002(b), Government Code, is amended to read as follows:<br />(b) The judge of the 43rd District Court and the judge of the 415th District Court may each appoint one or more bailiffs that the judge [he] believes are necessary for the efficient administration of the judge's court.<br />SECTION 2. This Act takes effect September 1, 2007.<br /> <br /><br />______________________________ ______________________________<br /> President of the Senate Speaker of the House <br /><br />I certify that H.B. No. 632 was passed by the House on March 15, 2007, by the following vote: Yeas 146, Nays 0, 2 present, not voting.<br />______________________________<br />Chief Clerk of the House <br /><br />I certify that H.B. No. 632 was passed by the Senate on May 8, 2007, by the following vote: Yeas 31, Nays 0.<br />______________________________<br />Secretary of the Senate <br />APPROVED: _____________________<br /> Date <br /> _____________________<br /> Governor </blockquote>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7990066937657360683.post-15596543570715726092007-05-30T10:45:00.000-06:002007-05-30T11:09:03.388-06:00HB 2024 Continuation of the Tex. Veterinary Medical Diagnostic Lab<strong>Effective:</strong> on 9/1/07 - Signed by Gov. Perry 05/17/2007 <br /><strong>Author:</strong> Kolkhorst <strong>Author:</strong> Kolkhorst<br /><a href="http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=80R&Bill=HB2024">HISTORY:</a> <a href="http://tlo2.tlc.state.tx.us/sjrnl/80r/pdf/80RSJ05-03-F1.PDF#page=3">SENATE RECORD VOTE:</a> <a href="http://tlo2.tlc.state.tx.us/hjrnl/80r/pdf/80RDAY51FINAL.PDF#page=7">HOUSE RECORD VOTE:</a> <a href="http://www.legis.state.tx.us/BillLookup/Text.aspx?LegSess=80R&Bill=HB2024">TEXT:</a> <br /><br /><br /><blockquote><center>H.B. No. 2024<br><br />AN ACT<br><br />relating to the continuation and functions of the Texas Veterinary Medical Diagnostic Laboratory.<br></center><br />BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:<br />SECTION 1. Subchapter I, Chapter 88, Education Code, as added by Chapter 388, Acts of the 76th Legislature, Regular Session, 1999, is redesignated as Subchapter I-1, Chapter 88, Education Code, and amended to read as follows:<br />SUBCHAPTER I-1 [I]. TEXAS VETERINARY MEDICAL DIAGNOSTIC LABORATORY<br />Sec. 88.701. TEXAS VETERINARY MEDICAL DIAGNOSTIC LABORATORY. [(a)] The Texas Veterinary Medical Diagnostic Laboratory is a state agency under the jurisdiction and supervision of the board.<br />[(b) The agency is not a part of The Texas A&M University System.]<br />Sec. 88.702. EXECUTIVE DIRECTOR AND EMPLOYEES. (a) The board shall staff the Texas Veterinary Medical Diagnostic Laboratory with an executive director and other employees necessary for the agency to properly function.<br />(b) The executive director and employees are eligible to participate in the retirement systems and personnel benefits available to employees of The Texas A&M University System.<br />[Sec. 88.703. SUNSET PROVISION. The Texas Veterinary Medical Diagnostic Laboratory is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the laboratory is abolished and this subchapter expires September 1, 2007.]<br />Sec. 88.704. CONFLICT OF INTEREST. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business competitors in this state designed to assist its members and its industry in dealing with mutual business or professional problems and in promoting their common interest.<br />(b) A person may not serve as the executive director of the Texas Veterinary Medical Diagnostic Laboratory and may not be an employee of the laboratory employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:<br />(1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of veterinary medicine; or<br />(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of veterinary medicine.<br />(c) A person may not serve as the executive director or act as the general counsel to the laboratory if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the laboratory.<br />Sec. 88.705. USE OF TECHNOLOGY. The executive director shall implement a policy requiring the Texas Veterinary Medical Diagnostic Laboratory to use appropriate technological solutions to improve the laboratory's ability to perform its functions. The policy must ensure that the public is able to interact with the laboratory on the Internet.<br />Sec. 88.706. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION. (a) The executive director of the Texas Veterinary Medical Diagnostic Laboratory shall develop and implement a policy to encourage the use of:<br />(1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of rules by the laboratory; and<br />(2) appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the laboratory's jurisdiction.<br />(b) The laboratory's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.<br />(c) The executive director shall designate a trained person to:<br />(1) coordinate the implementation of the policy adopted under Subsection (a);<br />(2) serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and<br />(3) collect data concerning the effectiveness of those procedures, as implemented by the laboratory.<br />Sec. 88.707 [88.704]. FEES. (a) The Texas Veterinary Medical Diagnostic Laboratory may charge and collect fees for goods and services the laboratory provides to any person, including a governmental entity.<br />(b) The laboratory may adopt a fee or change the amount of a fee only after the laboratory:<br />(1) at least 30 days before the date the laboratory adopts the fee or changes the amount of the fee, provides notice of the proposed fee:<br />(A) in any newsletter distributed by the laboratory; and<br />(B) on the laboratory's Internet website;<br />(2) provides the public a reasonable opportunity to submit written comments on the proposed fee or fee amount; and<br />(3) considers all public comments received under Subdivision (2).<br />Sec. 88.708. POWERS AND DUTIES. (a) The Texas Veterinary Medical Diagnostic Laboratory shall:<br />(1) provide diagnostic testing to aid in the identification of diseases affecting animals;<br />(2) provide testing to facilitate the international, intrastate, or interstate shipment of animals;<br />(3) identify and monitor disease epidemics in animals;<br />(4) assist livestock owners and veterinarians to identify, diagnose, and treat disease and other animal health matters, including matters that could affect human health;<br />(5) report the identification of a disease or other animal health matter, including a matter that could affect human health, to the appropriate state or federal agency or official as required by law;<br />(6) disseminate to veterinarians, animal owners, and the public news and other information, including information relating to general trends in animal health derived from diagnostic testing, that the laboratory determines appropriate concerning animal disease outbreaks and other animal health matters, including matters that could affect human health; and<br />(7) perform other functions as provided by law or that the laboratory determines necessary or appropriate to provide diagnostics, surveillance, and reporting of diseases affecting animals.<br />(b) The laboratory may provide diagnostic testing services for pets and other domestic animals or out-of-state clients only when and to the extent that laboratory resources are not required for diagnostic testing services for livestock in this state.<br />Sec. 88.709. COMPLAINTS. (a) The Texas Veterinary Medical Diagnostic Laboratory shall maintain a system to promptly and efficiently act on complaints filed with the laboratory. The laboratory shall maintain information about each complaint that includes:<br />(1) the parties to the complaint;<br />(2) the subject matter of the complaint;<br />(3) a summary of the results of the review or investigation of the complaint; and<br />(4) the disposition of the complaint.<br />(b) The laboratory shall make information available describing the laboratory's procedures for complaint investigation and resolution.<br />(c) The laboratory shall periodically notify the parties to a complaint of the status of the complaint until final disposition.<br />Sec. 88.710. PLAN COORDINATOR; NATIONAL POULTRY IMPROVEMENT PLAN. (a) The poultry programs administrator for the Texas Veterinary Medical Diagnostic Laboratory serves as the state plan coordinator for the National Poultry Improvement Plan.<br />(b) The state plan coordinator shall work with the Texas Poultry Improvement Board in the administration of the National Poultry Improvement Plan.<br />SECTION 2. This Act takes effect September 1, 2007.<br /> <br /><br />______________________________ ______________________________<br /> President of the Senate Speaker of the House <br /><br />I certify that H.B. No. 2024 was passed by the House on April 5, 2007, by the following vote: Yeas 136, Nays 0, 1 present, not voting.<br />______________________________<br />Chief Clerk of the House <br /><br />I certify that H.B. No. 2024 was passed by the Senate on May 3, 2007, by the following vote: Yeas 31, Nays 0.<br />______________________________<br />Secretary of the Senate <br />APPROVED: _____________________<br /> Date <br /> _____________________<br /> Governor </blockquote>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7990066937657360683.post-59925504595163178072007-05-28T21:57:00.000-06:002007-05-28T22:02:56.231-06:00The Bad Precedents Recognized as the official band of the Regular Session of 80th Texas LegislatureH.R. No. 2678 passed by Texas House 5/25/2007 Sponsor: Lon Burnam<br />By: Burnam H.R. No. 2678<br /><br /><blockquote><center>R E S O L U T I O N</center><br />WHEREAS, Texas has a rich tradition of great music, and music is the universal human language that has the power to bring together peoples of all backgrounds and political affiliations; and<br />WHEREAS, the Bad Precedents is a group of musicians linked by the common thread of service to the state of Texas; and<br />WHEREAS, the performance of live music by the Bad Precedents during the regular session of the 80th Texas Legislature has served to unite the members of the Legislature and bring joy to countless listeners, fans, and dancers, including Mr. Tom Craddick and his wife, Nadine; and<br />WHEREAS, the Bad Precedents consists of State Senator Bob Deuell, State Representative Jim Dunnam, Vernon Effenberger, Kelly Fine, Michael Garemko, Ross Peavey, Tommy Tynes, and Jeff Rotkoff; and<br />WHEREAS, The Bad Precedents played with many special guests, including State Representatives Roberto Alonzo, Lon Burnam, Joaquin Castro, Myra Crownover, Kirk England, Stephen Frost, Pete Gallego, Juan Garcia, Veronica Gonzales, Pat Haggerty, Abel Herrero, Bryan Hughes, Susan King, Tommy Merritt, Borris Miles, Elliot Naishtat, Joe Pickett, Richard Raymond, Larry Taylor and Marc Veasey, Senator Jane Nelson, and Hugh Brady, Karen Brooks, Paul Brown, Denise Davis, Lauren Dunnam, Mason Dunnam, Sandie Haverlah, Dave McNeely, Steve Sheffield, Kevin Vickers and Lara Wendler; and<br />WHEREAS, No band can function properly without quality roadies and support personnel, and the Bad Precedents are well served by Jenny Casey, Russell Devorsky, Jerry Phillips, Leighton Wilson and others; and<br />WHEREAS, The Bad Precedents and all of their special guests are deserving of special recognition for their fine work; now, therefore, be it<br />RESOLVED, That the House of Representatives of the 80th Texas Legislature hereby honor the Bad Precedents and their special guests for their outstanding musical performances during the regular session of the 80th Texas Legislature; and, be it further<br />RESOLVED, That the House of Representatives of the 80th Texas Legislature hereby encourages The Bad Precedents to keep on rocking in the free world; and, be it further<br />RESOLVED, That the House of Representatives of the 80th Texas Legislature hereby recognize The Bad Precedents as the official band of the regular session of the 80th Texas Legislature; and, be it further<br />RESOLVED, That an official copy of this resolution be prepared for each member of The Bad Precedents and each of their special guests as an expression of high regard by the Texas House of Representatives.</blockquote><br /><br /><a href="http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=80R&Bill=HR2678">HISTORY</a>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7990066937657360683.post-57790661192396545552007-05-28T20:24:00.000-06:002007-05-28T20:39:32.741-06:00HB 504 - payment for the provision of services by a metropolitan rapid transit authority to persons with disabilities in a unit of election ..HB 504 - Author: Naistat, Sponsor: Wentworth:<br><br />Signed by Governor effective 5/14/2007 - <em>Relating to payment for the provision of services by a metropolitan rapid transit authority to persons with disabilities in a unit of election that has withdrawn from the authority</em>.<br /><a href="http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=80R&Bill=HB 504">HISTORY</a> <a href="http://www.capitol.state.tx.us/BillLookup/Text.aspx?LegSess=80R&Bill=HB504">TEXT</a> <a href="http://tlo2.tlc.state.tx.us/hjrnl/80r/pdf/80RDAY45FINAL.PDF#page=3">HOUSE VOTE</a> SENATE VOTE: HB 504 (5-01-2007) (viva voce vote) (31-0) (31-0)<br /><br /><blockquote><center>H.B. No. 504<br />AN ACT</center><br />relating to payment for the provision of services by a metropolitan rapid transit authority to persons with disabilities in a unit of election that has withdrawn from the authority.<br />BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:<br />SECTION 1. Section 451.616(a), Transportation Code, is amended to read as follows:<br />(a) The comptroller shall withhold from the amount of sales and use tax revenue refunded to a unit of election that has withdrawn from an authority the full amount [one-half] of the difference between the cost of providing services to persons with disabilities in the unit of election and the fares charged during the period in which the sales and use tax was collected and remit this amount to the authority providing the services.<br />SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.<br /> <br /><br />______________________________ ______________________________<br /> President of the Senate Speaker of the House <br /><br />I certify that H.B. No. 504 was passed by the House on March 28, 2007, by the following vote: Yeas 145, Nays 0, 2 present, not voting.<br />______________________________<br />Chief Clerk of the House <br /><br />I certify that H.B. No. 504 was passed by the Senate on May 1, 2007, by the following vote: Yeas 31, Nays 0.<br />______________________________<br />Secretary of the Senate <br />APPROVED: _____________________<br /> Date <br /> _____________________<br /> Governor </blockquote>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7990066937657360683.post-1105038964443574202007-05-28T20:03:00.000-06:002007-05-28T20:06:56.064-06:00This is where the rubber meets the roadLegislators return to their districts. This is your chance to speak out. Name those who betrayed your trust. Name the bill and name the legislator. Use the Comment Section of this post. You must be registered on BLOGGER to post comments to this message.Unknownnoreply@blogger.com1tag:blogger.com,1999:blog-7990066937657360683.post-59560377876879362132007-05-26T14:11:00.000-06:002007-05-26T14:25:59.870-06:00SB 1287 Notices posted on premises of alcoholic beverage retailers<strong>Effective:</strong> on 9/1/07 - Signed by Gov. Perry 5/21/2007 <br /><strong>Author:</strong> Van de Putte <strong>Co-author:</strong> Lucio <strong>Sponsor:</strong> Thompson<br /><a href="http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=80R&Bill=SB1287 ">HISTORY:</a> <a href="http://tlo2.tlc.state.tx.us/sjrnl/80r/pdf/80RSJ04-12-F1.PDF#page=10">SENATE RECORD VOTE:</a> <a href="http://tlo2.tlc.state.tx.us/hjrnl/80r/pdf/80RDAY71FINAL.PDF#page=5">HOUSE RECORD VOTE:</a> <a href="http://www.capitol.state.tx.us/BillLookup/Text.aspx?LegSess=80R&Bill=SB1287">TEXT: </a><br /><br /><blockquote><center>S.B. No. 1287<br />AN ACT<br />relating to providing certain notices to be posted on the premises of alcoholic beverage retailers.</center><br />BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:<br />SECTION 1. Chapter 104, Alcoholic Beverage Code, is amended by adding Section 104.07 to read as follows:<br />Sec. 104.07. POSTING OF CERTAIN NOTICES REQUIRED. (a) The holder of a permit or license under Chapter 25, 26, 28, 32, 69, or 71, other than the holder of a food and beverage certificate, shall display a sign containing the following notice in English and in Spanish:<br />WARNING: Obtaining forced labor or services is a crime under Texas law. Call the national human trafficking hotline: 1-888-373-7888. You may remain anonymous.<br />(b) The sign must be at least 8-1/2 inches high and 11 inches wide and displayed in a conspicuous manner clearly visible to the public and employees of the permit or license holder. The English notice must cover approximately two-thirds of the sign, and the Spanish notice must cover approximately one-third of the sign.<br />SECTION 2. This Act takes effect September 1, 2007.<br /> <br />______________________________ ______________________________<br />President of the Senate Speaker of the House<br />I hereby certify that S.B. No. 1287 passed the Senate on April 12, 2007, by the following vote: Yeas 31, Nays 0.<br /><br />______________________________<br /> Secretary of the Senate<br />I hereby certify that S.B. No. 1287 passed the House on May 8, 2007, by the following vote: Yeas 144, Nays 2, two present not voting.<br /><br />______________________________<br /> Chief Clerk of the House<br /><br /><br />Approved:<br /><br />______________________________<br /> Date<br /><br />______________________________<br /> Governor</blockquote>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7990066937657360683.post-37997537445906149712007-05-22T19:00:00.000-06:002007-05-22T19:14:08.007-06:00SB 1306 - Quorum for public meeting<strong>Effective:</strong> 5/22/2007 - Signed by Gov. Perry 5/22/2007 <strong>Author:</strong> Wentworth <strong>Sponsor:</strong> Goolsby<br /><a href="http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=80R&Bill=SB1306">HISTORY:</a> <a href="http://tlo2.tlc.state.tx.us/sjrnl/80r/pdf/80RSJ04-19-F1.PDF#page=6">SENATE RECORD VOTE:</a><blockquote> <a href="http://tlo2.tlc.state.tx.us/hjrnl/80r/pdf/80RDAY72FINAL.PDF#page=3">HOUSE RECORD VOTE: </a><br /><center>S.B. No. 1306<br />AN ACT<br />relating to the attendance by a quorum of a governmental body at certain events under the open meetings law.<br />BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:</center><br />SECTION 1. Subdivision (4), Section 551.001, Government Code, is amended to read as follows:<br />(4) "Meeting" means:<br />(A) a deliberation between a quorum of a governmental body, or between a quorum of a governmental body and another person, during which public business or public policy over which the governmental body has supervision or control is discussed or considered or during which the governmental body takes formal action; or<br />(B) except as otherwise provided by this subdivision, a gathering:<br />(i) that is conducted by the governmental body or for which the governmental body is responsible;<br />(ii) at which a quorum of members of the governmental body is present;<br />(iii) that has been called by the governmental body; and<br />(iv) at which the members receive information from, give information to, ask questions of, or receive questions from any third person, including an employee of the governmental body, about the public business or public policy over which the governmental body has supervision or control.<br />The term does not include the gathering of a quorum of a governmental body at a social function unrelated to the public business that is conducted by the body, or the attendance by a quorum of a governmental body at a regional, state, or national convention or workshop, ceremonial event, or press conference, if formal action is not taken and any discussion of public business is incidental to the social function, convention, [or] workshop, ceremonial event, or press conference.<br />The term includes a session of a governmental body.<br />SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.<br /> <br />______________________________ ______________________________<br />President of the Senate Speaker of the House<br />I hereby certify that S.B. No. 1306 passed the Senate on April 19, 2007, by the following vote: Yeas 31, Nays 0.<br /><br />______________________________<br /> Secretary of the Senate<br />I hereby certify that S.B. No. 1306 passed the House on May 9, 2007, by the following vote: Yeas 144, Nays 0, two present not voting.<br /><br />______________________________<br /> Chief Clerk of the House<br /><br />Approved:<br /><br />______________________________<br /> Date<br /><br />______________________________<br /> Governor<br /></blockquote><br /><br />Analysis: <blockquote>Senate Bill 1306 amends the Government Code to clarify the type of social functions which would not be subject to the Texas Open Meetings Act if attended by a quorum of a governmental body. The bill provides that the term "meeting" does not include attendance at a ceremonial event or press conference by a quorum of a governmental body. The bill further restricts the governmental body from taking any formal action at such events, in conformance with the current requirements of the Texas Open Meetings Act.</blockquote>Unknownnoreply@blogger.com0