Laws to help consumers going into effect Tuesday

By DAVE LIEBER - Star-Telegram staff writer - Dec. 28, 2007
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.

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.

Let's take a peek:

Homeowners' insurance premiums

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.

Appraisal Review Board hearings

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.

Tax breaks for low-income housing

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.

The tax break applies only to housing created for sale. Rental owners will continue to get the 50 percent break.

State Rep. Marc Veasey, D-Fort Worth, an advocate of quality affordable housing, told me that he is thrilled about the new law.

"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."

Texas real estate licensees

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.

Fingerprints must be submitted, and anyone who fails to comply will not get a license.

Anyone with an outstanding judgment will not be granted a license until the amount is paid.

Landlord-tenant relations

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.

"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."

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.

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.

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.

"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."

Mobile-home owners

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.

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.

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.

Requirements to make repairs under warranty are tightened.

Sales of mobile homes that have been salvaged but haven't been repaired will be considered a Class B misdemeanor.

Owners are entitled to homestead tax exemptions, regardless of whether an owner lists the home as real property or personal property.

And at mobile-home parks, rules for terminating leases have been tightened to favor residents.

Smoke detectors

Any one-family or two-family residence built after Jan. 1 must have smoke detectors installed by licensed residential fire alarm technicians.

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.

Although the other laws will benefit consumers, this one should save lives. It certainly is a wonderful way to start the new year.
Read more in the Fort Worth Star Telegram

Several law changes take effect with new year

By JIM VERTUNO - The Associated Press - Sat, Dec. 29, 2007
AUSTIN -- From Texas classrooms to investment in Sudan, the new year means that new state laws and programs are going into effect.

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.

Teacher fingerprints

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.

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.

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.

Pension divestments

State lawmakers ordered the pension funds for retired teachers and retired state employees to divest from certain international companies doing business with Sudan.

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.

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.

Uninsured motorists

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.

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.

The launch of the Texas Financial Responsibility Verification program may be pushed back to February.
Read more in the Fort Worth Star Telegram

SB12 - Air Quality, Reduction of Emissions, Solar Energy Grant Pilot Program for Low Income Housing

SB 12: Relating to programs for the enhancement of air quality, including energy efficiency standards in state purchasing and energy consumption; providing penalties
Author: Averitt Co-Authors: Ellis & Hinojosa.
Enrolled and Signed by Governor 6/8/2007 effective immediately except for Article 5 which is effective Sept. 1, 2007

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.

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.

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

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 vehicles that are not gasoline-powered subject to the vehicle emissions inspection and maintenance program. The bill also subjects to the vehicle emissions inspection and maintenance program, vehicles that are newer than model year 1980 rather than those that are less than 25 years old.

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.

The bill provides that if a vehicle is to be retired under LIRAP, the replacement vehicle must be a qualifying motor vehicle. The bill 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. 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.

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.

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.

The bill adds violations of provisions of the Texas Clean Air Act relating to vehicle emissions to civil penalties provisions of the Water Code.

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.

The bill requires TCEQ to 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. 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.

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 changes the percentage of time or vehicle miles that must be traveled within nonattainment or affected counties from 75 percent to 50 percent. The bill also authorizes TCEQ to allow travel on roads designated by TCEQ that are outside nonattainment or affected counties to count towards this percentage. 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. The bill sets forth provisions related to providing funding for and promoting idle reduction technologies. 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.

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 establishment of a testing facility to evaluate new technology that may result in NOx emissions reductions. The bill removes air quality studies from the list of eligible NTRD projects. 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.

The bill amends the Tax Code to extend the expiration for the TERP fees and surcharges from 2010 to 2013.

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.

The bill amends the Education Code to require school districts to establish a goal to reduce annual electric consumption by five percent each year for six years. 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.

From the text of the bill:
ARTICLE 4. IDLING OF MOTOR VEHICLES
SECTION 4.01. Subsections (b), (c), and (d), Section 382.0191, Health and Safety Code, are amended to read as follows:
(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.
(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.
(d) This section expires September 1, 2009 [2007].

SOLAR ENERGY DEMONSTRATION PROGRAM
The bill also enables a solar energy demonstration program. From the text of the bill:

ARTICLE 7. SOLAR ENERGY DEMONSTRATION PROJECT
SECTION 7.01. Subchapter Z, Chapter 39, Utilities Code, is amended by adding Section 39.9051 to read as follows:
Sec. 39.9051. ENERGY EFFICIENCY DEMONSTRATION PROJECTS FOR SOLAR ELECTRIC SYSTEM; GRANT PROGRAM. (a) The commission by rule shall establish grant programs for:
(1) a demonstration project for installation of solar electric systems for new residential subdivisions;
(2) a demonstration project for installation of solar electric systems for new or established affordable housing for persons with low incomes; and
(3) a demonstration project for installation of solar electric systems for not more than three small businesses.
(b) To qualify for a grant under this section, the solar electric system must be a device that:
(1) generates electricity using solar resources;
(2) has a generating capacity of not more than 1,000 kilowatts; and
(3) is installed with a manufacturer's warranty against breakdown or undue degradation for a period of at least five years.
(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
consider the value of funding demonstration projects in different parts of this state, after considering the demographic and geographic diversity of this state.
(d) To qualify for a grant under Subsection (a)(1), the applicant:
(1) must be a person whose primary business activity is the building of residential housing developments; and
(2) must have installed or must be contractually obligated to install qualifying solar electric systems in each residence constructed in a residential subdivision.
(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:
(1) appraised in accordance with Section 23.21, Tax Code, as affordable housing property; or
(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.
(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.
(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).
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.
(h) This section expires December 31, 2010.
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.
(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.
(c) This section expires December 31, 2010

.

Read Text of Enrolled Bill
Read History of Bill
Read Fiscal Notes

HB 632 - Appointment of bailiffs for the 415th District Court

Effective: on 9/1/07 Signed by Gov. Perry 05/25/2007
Author: King, Phil Sponsor: Estes
HISTORY: SENATE RECORD VOTE: HOUSE RECORD VOTE: TEXT:

H.B. No. 632
AN ACT
relating to the appointment of bailiffs for the 415th District Court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 53.002(b), Government Code, is amended to read as follows:
(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.
SECTION 2. This Act takes effect September 1, 2007.


______________________________ ______________________________
President of the Senate Speaker of the House

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.
______________________________
Chief Clerk of the House

I certify that H.B. No. 632 was passed by the Senate on May 8, 2007, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor

HB 2024 Continuation of the Tex. Veterinary Medical Diagnostic Lab

Effective: on 9/1/07 - Signed by Gov. Perry 05/17/2007
Author: Kolkhorst Author: Kolkhorst
HISTORY: SENATE RECORD VOTE: HOUSE RECORD VOTE: TEXT:

H.B. No. 2024

AN ACT

relating to the continuation and functions of the Texas Veterinary Medical Diagnostic Laboratory.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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:
SUBCHAPTER I-1 [I]. TEXAS VETERINARY MEDICAL DIAGNOSTIC LABORATORY
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.
[(b) The agency is not a part of The Texas A&M University System.]
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.
(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.
[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.]
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.
(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:
(1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of veterinary medicine; or
(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of veterinary medicine.
(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.
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.
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:
(1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of rules by the laboratory; and
(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.
(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.
(c) The executive director shall designate a trained person to:
(1) coordinate the implementation of the policy adopted under Subsection (a);
(2) serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3) collect data concerning the effectiveness of those procedures, as implemented by the laboratory.
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.
(b) The laboratory may adopt a fee or change the amount of a fee only after the laboratory:
(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:
(A) in any newsletter distributed by the laboratory; and
(B) on the laboratory's Internet website;
(2) provides the public a reasonable opportunity to submit written comments on the proposed fee or fee amount; and
(3) considers all public comments received under Subdivision (2).
Sec. 88.708. POWERS AND DUTIES. (a) The Texas Veterinary Medical Diagnostic Laboratory shall:
(1) provide diagnostic testing to aid in the identification of diseases affecting animals;
(2) provide testing to facilitate the international, intrastate, or interstate shipment of animals;
(3) identify and monitor disease epidemics in animals;
(4) assist livestock owners and veterinarians to identify, diagnose, and treat disease and other animal health matters, including matters that could affect human health;
(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;
(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
(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.
(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.
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:
(1) the parties to the complaint;
(2) the subject matter of the complaint;
(3) a summary of the results of the review or investigation of the complaint; and
(4) the disposition of the complaint.
(b) The laboratory shall make information available describing the laboratory's procedures for complaint investigation and resolution.
(c) The laboratory shall periodically notify the parties to a complaint of the status of the complaint until final disposition.
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.
(b) The state plan coordinator shall work with the Texas Poultry Improvement Board in the administration of the National Poultry Improvement Plan.
SECTION 2. This Act takes effect September 1, 2007.


______________________________ ______________________________
President of the Senate Speaker of the House

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.
______________________________
Chief Clerk of the House

I certify that H.B. No. 2024 was passed by the Senate on May 3, 2007, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor

The Bad Precedents Recognized as the official band of the Regular Session of 80th Texas Legislature

H.R. No. 2678 passed by Texas House 5/25/2007 Sponsor: Lon Burnam
By: Burnam H.R. No. 2678

R E S O L U T I O N
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
WHEREAS, the Bad Precedents is a group of musicians linked by the common thread of service to the state of Texas; and
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
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
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
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
WHEREAS, The Bad Precedents and all of their special guests are deserving of special recognition for their fine work; now, therefore, be it
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
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
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
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.

HISTORY

HB 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:

Signed by Governor effective 5/14/2007 - 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.
HISTORY TEXT HOUSE VOTE SENATE VOTE: HB 504 (5-01-2007) (viva voce vote) (31-0) (31-0)

H.B. No. 504
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 451.616(a), Transportation Code, is amended to read as follows:
(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.
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.


______________________________ ______________________________
President of the Senate Speaker of the House

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.
______________________________
Chief Clerk of the House

I certify that H.B. No. 504 was passed by the Senate on May 1, 2007, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor

This is where the rubber meets the road

Legislators 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.

SB 1287 Notices posted on premises of alcoholic beverage retailers

Effective: on 9/1/07 - Signed by Gov. Perry 5/21/2007
Author: Van de Putte Co-author: Lucio Sponsor: Thompson
HISTORY: SENATE RECORD VOTE: HOUSE RECORD VOTE: TEXT:

S.B. No. 1287
AN ACT
relating to providing certain notices to be posted on the premises of alcoholic beverage retailers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 104, Alcoholic Beverage Code, is amended by adding Section 104.07 to read as follows:
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:
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.
(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.
SECTION 2. This Act takes effect September 1, 2007.

______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1287 passed the Senate on April 12, 2007, by the following vote: Yeas 31, Nays 0.

______________________________
Secretary of the Senate
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.

______________________________
Chief Clerk of the House


Approved:

______________________________
Date

______________________________
Governor

SB 1306 - Quorum for public meeting

Effective: 5/22/2007 - Signed by Gov. Perry 5/22/2007 Author: Wentworth Sponsor: Goolsby
HISTORY: SENATE RECORD VOTE:

HOUSE RECORD VOTE:
S.B. No. 1306
AN ACT
relating to the attendance by a quorum of a governmental body at certain events under the open meetings law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivision (4), Section 551.001, Government Code, is amended to read as follows:
(4) "Meeting" means:
(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
(B) except as otherwise provided by this subdivision, a gathering:
(i) that is conducted by the governmental body or for which the governmental body is responsible;
(ii) at which a quorum of members of the governmental body is present;
(iii) that has been called by the governmental body; and
(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.
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.
The term includes a session of a governmental body.
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.

______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1306 passed the Senate on April 19, 2007, by the following vote: Yeas 31, Nays 0.

______________________________
Secretary of the Senate
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.

______________________________
Chief Clerk of the House

Approved:

______________________________
Date

______________________________
Governor

Analysis:

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.