May 16, 2017
DON'T MISS IT

 
PUBLIC POLICY COMMITTEE
Join the Plano Chamber of Commerce for our monthly Public Policy Committee meeting. This committee discusses legislation and issues that affect the business community. Attended by business professionals, elected officials, and key community representatives, these meetings are open to all members in good standing. CLICK HERE for more details.
NOTABLE MEETINGS
   CLICK HERE to view the full list of bills the Plano Chamber is tracking.
SENATE NEWS
The Senate was in session Monday-Friday of last week, but on Friday, they met only for a Local & Uncontested Calendar.

The Senate reconvened on Monday, May 15 at 11 AM. There are 62 bills on Monday's Senate Intent Calendar. CLICK HERE to view upcoming schedules. 
 
HOUSE NEWS 
The House was in session Monday-Friday of last week. They met in marathon sessions with End-of-Session slow-down rules starting to kick in:
  • Monday, May 8 was the deadline for House committees to report House bills;
  • May 9 at 10 PM was the last calendar with House bills had to be printed and distributed;
  • May 11 at midnight was the deadline for the House to debate House bills and House Joint Resolutions on Second Reading; and
  • May 12 was the deadline for the House to pass HBs and HJRs (except local bills).
The House started out the week with 23 Third Reading bills; 15 items of Postponed Business, 2 Emergency Items (Child Protective Services), 3 bills on the Constitutional Amendments Calendar, and 152 Second Reading bills on the General State Calendar.

The House reconvened on May 15 at 2 PM. Additional End-of-Session rules kick in next week - Friday, May 19 is the deadline for the House to pass Local House Bills; and May 20 is the last day for House Committees to report out Senate Bills and Senate Joint Resolutions. The House Calendar for May 15 has 1 Third Reading Senate Bill, 2 postponed Senate Bills, and 7 Senate Bills on the General State Calendar. The May 16 House Calendar has 22 Senate Bills. A calendar for May 17 has not yet been posted, but an Emergency Calendar has been posted for May 18 with SB 11 (Child Protective Services). CLICK HERE to view upcoming schedules. 

STATE NEWS 
GOVERNOR SIGNS SB 4 
On May 7, Governor Abbott signed into law SB 4, known as the Sanctuary Cities bill. SB 4 requires local governmental entities and law enforcement officials to comply with federal immigration laws and detainer requests, and creates criminal penalties for entities that do not enforce the law. Banning sanctuary cities was one of Gov. Abbott's emergency legislative priorities. He said, "As Governor, my top priority is public safety, and this bill furthers that objective by keeping dangerous criminals off our streets. It's inexcusable to release individuals from jail that have been charged with heinous crimes like sexual assault against minors, domestic violence and robbery. There are deadly consequences to not enforcing the law, and Texas has now become a state where those practices are not tolerated. With this bill we are doing away with those that seek to promote lawlessness in Texas." As part of the legislation, entities and officials that do not comply with the law could face the following penalties:
  • A civil penalty for entities in violation of the law of up to $25,500 for each day of the violation;
  • A class A misdemeanor for a sheriff, chief of police, or constable who fails to comply with federal immigration detainer requests; and
  • Removal from office for any elected or appointed official who does not comply with the law
Lt. Governor Dan Patrick said , "I have been working tirelessly since my days as a state senator to ban sanctuary cities in Texas. And, Texas has finally said 'enough is enough' and banned sanctuary cities. Now, no liberal local official can ignore the law and allow criminal aliens who have committed a crime to go free."
Texas AFL-CIO President John Patrick commented on SB 4 saying, "Governor Abbott's signing of SB 4 in the privacy of his office on a Sunday speaks volumes. If our Governor were truly proud of SB 4 - his 'emergency' item no less - he would have held a signing ceremony with the bill's authors and sponsors. Instead, he chose without notice to go live on Facebook, where he had 'sanctuary' from the court of public opinion. SB 4 is a direct attack on Texas values and hard-working Texas families. There's a reason working people, police chiefs from across the state and advocates for comprehensive immigration reform came together to oppose making Texas a 'Show me your papers' state. By forcing law officers in our communities toward becoming an arm of the federal immigration apparatus, SB 4 will harm our economy, cost good jobs, create fear, attack constitutional rights, and lead to racial profiling."
Mexican American Legislative Caucus Policy Chairman Eddie Rodriguez added, "SB 4 will be challenged in court you can take that to the bank. When Governor Abbott signed SB 4 tonight, he also signed a blank check on the taxpayer s' behalf to protect yet another blatantly discriminatory law. The law won't take effect until September 1, 2017. In the meantime, we must raise awareness about SB 4 so that folks are vigilant about racial profiling. Houston Police Chief Art Acevedo recently announced a 42% decrease in the number of Hispanic victims reporting rape to his department, and this 'chilling effect' is likely to get worse under SB 4. We must also empower all women who are victims of sexual violence to report their experiences and ensure that our laws aren't exploited by abusers."

CHIEF EXECUTIVE'S BEST STATE FOR BUSINESS 
On May 9, Gov. Abbott announced that in its annual survey of hundreds of CEOs from across the United States conducted by Chief Executive, Texas has again been named the "Best State For Business" for 2017. This is the 13th year in a row that Texas has been ranked number one, with the rankings highlighting Texas as an exporting powerhouse, shipping over $232 billion in goods in 2016. Texas is home to the second largest state airport system in the country, as well as 11 deep-water ports and 10,425 miles of freight rail, more than any state. Gov. Abbott said, "For the 13th straight year, Texas proudly assumes the mantle of being recognized as the best state for business by America's CEOs. Companies in Texas, around the country, and across the world are relocating and expanding in the Lone Star State at a rapid clip due to our business-friendly policies.  
SENATE NEWS  
On May 8, the Senate passed 22 bills including bills requiring the seller of property located near a military installation to provide notice to a purchaser that the property may be affected by high noise or air installation compatible use zones (HB 890); updating the Texas Uniform Trade Secrets Act (HB 1995); improving publicly administered disaster recovery programs (SB 1673); establishing the Office of Inspector General at the Texas Education Agency (SB 1886); allowing teachers and other school personnel that are handgun license holders to transport or store firearms and ammunition in a private, locked vehicle located in a school parking area (SB 1942 ); and requiring the Commissioner of Education to develop a sexual abuse and sex trafficking prevention program that a school district may use in the district's health curriculum (SB 2039).
 
The Senate also gave preliminary approval to 2 additional bills including requiring comptroller to prepare a report for the governor and legislature prior to each session that estimates the financial costs to the state from the presence of persons who are not lawfully present in the U.S. (SB 764); and providing funding for expenses incurred by city or county law enforcement department for sending an officer to the Immigration & Customs Enforcement (ICE) training (SB 2094).  
 
On May 9, the Senate passed the two Third Reading bills and 22 additional bills including HB 1612 by Ramon Romero, which would prohibit the Texas Alcoholic Beverage Commission (TABC) from offering a civil penalty in lieu of suspending a permit or license if the basis for suspension involves consumption of or the permitting of consumption of controlled substances or drugs (HB 1612); clarifying the definition of and penalties for hazing (SB 50); clarifying statutes on locations where a handgun license holder is prohibited from carrying a handgun at a school sponsored activity (SB 349) and prohibiting conversion of high occupancy vehicle highway lanes to tolled lanes (SB 1143).  
 
On May 10, the Senate passed 24 bills including establishing the Veterans Recovery Pilot Program to provide treatment facilities reimbursement for diagnostic services, hyperbaric oxygen treatment, and support services to eligible veterans who have post-traumatic stress disorder (HB 271); clarifying the duties of the Office of Inspector General under the Health & Human Services Commission [HHSC] (HB 2379) requiring all seller-financed lenders to give borrowers annual statements that include how much money was paid and is still owed on a loan (SB 830); authorizing physician to prescribe, and a pharmacist to dispense, an epinephrine auto-injector to a day-care facility (SB 1101); and increasing penalties for habitually trespassing on a university campus (SB 1649).
 
The Senate also gave preliminary approval to 2 bills including requiring HHSC to ensure that the front side of electronic benefits transfer cards for Temporary Assistance for Needy Families (TANF) and Supplemental Nutrition Assistance Program (SNAP) include the name and photograph of the recipient (SB 1443); and requiring the comptroller to study methods to increase compliance with sales and use tax collection and payment requirements including imposing registration or reporting requirements on out-of-state retailers (SB 1713 ).  
 
On May 11, the Senate passed 36 bills on the Local & Uncontested Calendar including SCR 47, which urges Congress to propose and submit to the states for ratification a regulation freedom amendment to the U.S. Constitution. The Senate also passed 14 bills from the Senate Intent Calendar including establishing an expedited response procedure for public information requests (HB 2328); prohibiting political subdivisions from regulating or taxing firearms, ammunition, knives, or air guns without specific authority by state law (SB 459); authorizing Mosquito Control Districts in Cameron and Hidalgo Counties (SB 1695); and enacting the Sandra Bland Act to improve training for jailers and requiring jails to have access to health and mental health professionals (SB 1849).  
 
On May 12 , the Senate passed 48 bills on the Local & Uncontested Calendar including resolutions urging Congress to encourage the U.S. Dept. of Agriculture to revise existing policies that promote the waste of water after an irrigated crop has been declared a failure (HCR 31); designating the City of Rockwall as the official Live Music Capital of North Texas (HCR 42); and designating the Lady Bird Johnson Wildflower Center as the state botanical garden and arboretum (HB 394).
Bills from the Local & Uncontested Calendar and Intent Calendar that passed throughout the week are in the issue categories below. 
 
Total number of bills reported out of Senate Committees last week: 154
Total number of bills passed by the Senate last week: 168
Total passed on the Local and Uncontested calendar last week: 84 
HOUSE NEWS
On May 8, the House passed the 26 Third Reading bills and gave preliminary approval to 56 bills including reforming Child Protective Services (HB 7); making it legal to carry a knife (HB 1935); allowing the HHSC's inspector general to hire peace officers (HB 2523); creating long-term care legislative oversight committee (HB 3533); making several changes to statutes relating to improper teacher-student relationships (SB 7); prohibiting state agencies and local entities from contracting with a business that is engaged in business operations with Sudanese or Iranian governments, (SB 252); and prohibit state elected officials that have been convicted of a felony from receiving state retirement benefits (SB 500).  
 
On May 9, the House passed 137 bills on the Local & Consent Calendar including designating July as Train Safety Awareness Month (HCR 49); declaring Israel a major strategic ally of Texas (HCR 99); and urging Congress to repeal Government Pension Offset and Windfall Elimination Provision of the Social Security Act (HCR 101).
 
They passed 51 Third Reading bills and gave preliminary approval to only 5 Second Reading bills including expanding the uses of the Texas Water Development Board's floodplain management account (HB 3746); authorizing the Commissioner of Insurance to apply for a state innovation waiver for small employer health benefit plans (SB 1406); and requiring conditions of community supervision to reflect personalized assessments to address the factors that lead to criminal behavior (SB 1584).  
 
The House spent several hours debating and giving preliminary approval to HB 3859 by James Frank, which would be the Protection of Rights of Conscience for Child Welfare Services Providers. The committee substitute and 2 floor amendments were adopted and it passed to Third Reading by a vote of 94-51. On May 10, it received final approval by a vote of 93-49.
  • Rep. Frank said, "Faith-based child welfare services providers have always been a critical source of foster and adoptive homes. However, many of these providers increasingly have been targeted, intimidated, and even sued for nothing more than holding and acting on longstanding, historically-protected beliefs. They face an impossible choice between following their beliefs or risking litigation, or other consequences, for declining to provide certain services. Several organizations around the nation have already shuttered these services in the wake of adverse actions. This bill provides a shield to protect these organizations and foster parents so they can serve children of all backgrounds without having to violate their sincerely held beliefs. Despite rhetoric to the contrary, passage of HB 3859 ensures that anyone who wants to help take care of Texas children will be able to do so. Passage of HB 3859 means more loving homes for children who need them."
  • Catholic Charities of Central Texas CEO Sara Ramirez said, "HB 3859 allows organizations and individuals with sincerely-held religious beliefs to remove themselves from actions in direct violation of their faith. This includes assisting a child in obtaining an abortion and providing services to same sex couples in the foster care system. It provides mechanisms for the state to ensure these services are provided. When this becomes law, Catholic Charities will be able to bring our expertise and resources to the aid of some of our most desperate and needy children. We are willing to return to the field and work side-by-side with all people of good will so that no child is further traumatized by an inadequate foster care system."
  • Texas Freedom Network President Kathy Miller expressed concern that HB 3859 would open the door to broad discrimination by child welfare service providers that contract with the state. She said, "Let's be absolutely clear about what the Texas House voted for today. If it becomes law, HB 3859 would allow extraordinary discrimination in the name of Texas and at taxpayer expense. The bill's clear intent is to authorize the misuse of religion as a license to discriminate against LGBT families and children in the state's child-welfare system. But it doesn't stop there. Providers could discriminate against people of other faiths and even block access to emergency contraception for teens who are victims of sexual assault. Even President Trump backed away from using religion as a license to discriminate so broadly and recklessly, but today the Texas House shamefully demonstrated that it has no problem with doing so."
On May 10, the House passed the Third Reading bills and gave preliminary approval to 33 other bills including HB 816 by Diego Bernal establishing criteria for mentor teachers; authorizing electric utilities to enter into agreements to allow public access to premises owned by the utility for recreational use (HB 931); authorize independent apprenticeship committees to sponsor apprenticeship training programs administered by the Texas Workforce Commission (HB 2790); instituting state registration and regulation of federally regulated appraisal management companies (SB 1516); and allowing trucks carrying intermodal shipping containers traveling within 30 miles of a port of entry to purchase an annual permit to carry cargo of up to 100,000 pounds in designated counties (SB 1524).
 
On May 11, the House was in session until midnight because Thursday was the last day for the House to pass Second Reading House bills on the Major State and General State calendar. In the marathon session, the House passed 34 Third Reading bills and gave preliminary approval to 39 bills on Second Reading including requiring disclosure of vendor gifts to local government officers (HB 2473); adding peace officers to hate crimes laws (HB 2908); establishing abortion complications reporting requirements for health care practitioners and facilities (HB 2962); implementing a standard definition of abortion (HB 3771); and requiring state agencies to use iron and steel produced in the U.S. in their construction projects (SB 1289).  
 
House Bill Deadline - At the stroke of midnight, there were still 228 bills left on the House calendar to die. The dead bills included 34 bills from the May 8 calendar and all the new Second Reading bills from May 9 (55), May 10 (68), and May 11 (71) calendars. That compares to:
  • 2015 - 222 bills left on the House Calendar at the midnight deadline
  • 2013 - 128 bills left on the House Calendar at the midnight deadline
  • 2011 - 30 bills left on the House Calendar at the midnight deadline
In addition, 332 House Bills and House Joint Resolutions died in the House Calendars Committee. That compares to:  
  • 2015 - 261 HBs and HJRs died in House Calendars Committee
  • 2013 - 342 HBs and HJRs died in the House Calendars Committee
  • 2011 - 320 HBs and HJRs died in the House Calendars Committee
  • 2009 - 328 HBs and HJRs died in the House Calendars Committee
  • 2007 - 272 HBs and HJRs died in the House Calendars Committee
May 12 was the last day for the House to pass Third Reading bills on the Major State and General State Calendar. It was also the deadline for the House to pass bills on the Consent Calendar. The House passed the 40 Third Reading bills. But all 120 bills on the May 12 Local & Consent Calendar were killed by the House Freedom Caucus. Some of those bills would have:
  • waived federal testing mandates for students with significant cognitive disabilities (HB 1033);
  • expanded the College Credit for Heroes program allowing veterans to translate their military experience and training into college credit (HB 1192);
  • authorized a study of the causes of maternal mortality among African-American women (HB 2403);
  • penalized predators that extort children on-line - "sextortion" (HB 2974);
  • helped foster children get the documentation they need for a driver's license (HB 3561);
  • established regional advisory committees to help prevent communicable diseases in nursing homes (HB 3711); and
  • updated transition planning for schools working to address the needs of students in special education (HB 4027).
Total number of bills reported out of House Committees last week: 296 
Total number of bills passed by the House last week: 296
Total passed on the Local and Consent Calendar last week: 137
BUDGET & FINANCES
SENATE FINANCE COMMITTEE
The Senate Finance Committee met on May 15 to take up HB 3537 by Charlie Geren, which would clarify that interest earned on federal funds subject to the Federal Wildlife Restoration Act in the deferred maintenance fund account are subject to the same use restrictions as other funds in the account.

SENATE STATE AFFAIRS COMMITTEE 
On May 8, the Senate State Affairs Committee took up SB 959 by Bryan Hughes, which would adopt the Compact for a Balanced Budget. It was reported favorably and was on the Senate Intent Calendar for May 10 (first placement).
ECONOMIC DEVELOPMENT
PASSED THE HOUSE
  • HB 2248 by Bobby Guerra would require state agency to prepare and publish an economic impact statement and a regulatory flexibility analysis if the agency is made aware that a proposed rule may have an adverse economic effect on small businesses or micro-businesses. It passed on the May 9 Local & Consent Calendar.
  • HB 3045 by Tony Dale would allow the city to call an election or 10% of the voters could petition for an election to change the tax rate of a Type B development corporation. It passed on the May 9 Local & Consent Calendar.
SENATE NATURAL RESOURCES & ECONOMIC DEVELOPMENT COMMITTEE
The Senate Natural Resources & Economic Development Committee will meet on May 16 to take up HB 3294 by Tan Parker, which would make two NASCAR races eligible for Major Events Reimbursement Program funding - the All-Star race and the championship race.

TAX ISSUES
PASSED THE SENATE 
  • HB 455 by Will Metcalf would allow property owner to appear by telephone at an appraisal review board hearing if evidence is submitted by affidavit prior to the hearing. It passed on the May 11 Local & Uncontested Calendar.
  • HB 777 by Trent Ashby would allow open-space land to continue its designation if owner is a deployed member of the armed services and intends to use the land for agricultural purposes upon returning to the state. It passed on May 11 Local & Uncontested Calendar.
  • HB 1346 by Angie Chen Button changes from the 10th of the month to the 20th of the month the due date for the deposit with the tax collector for items of heavy equipment sold, leased or rented from the dealer's inventory in the preceding month. It passed on the May 11 Local & Uncontested Calendar.
  • SB 521 by Brandon Creighton would prohibit an appraisal district employee from testifying on the value of real property in an appeal unless the employee is authorized to perform an appraisal as a certified or licensed real estate appraiser. It passed unanimously.
  • SB 1360 by Kirk Watson would prescribe the methodology to compute taxes imposed on an owner's property by a Chapter 41 school district for tax notice purposes. The committee substitute was adopted and it passed unanimously.
  • SB 1407 by Van Taylor would require a tax bill from a school district subject to recapture to list on the tax bill the percentage of taxes used to make recapture payments. It passed unanimously.  
  • SB 1514/SJR 51 by Craig Estes would propose a constitutional amendment providing that eligibility for appraisal as open-space land does not end because the land is being used for oil and gas production, if it continues to qualify otherwise. SB 1514 passed by a vote of 23-9 after the committee substitute and one floor amendment were adopted; and SJR 51 passed by a vote of 26-5 after the committee substitute and one floor amendment were adopted.
PASSED THE HOUSE
  • HB 804 by Tony Dale would clarify that a property owner is required to send a copy of the notice of appraised value to a lessee who is contractually obligated to reimburse the property owner for taxes imposed on the property. The committee substitute was adopted and it passed on the May 9 Local & Consent Calendar. It is set for a hearing in the Senate Finance Committee on May 15.
  • HB 850/ HJR 52 by Chris Turner would provide an ad valorem tax exemption for property used to provide housing to individuals with disabilities. The committee substitute was adopted and HB 850 passed to Third Reading on a voice vote on May 6. It received final passage on May 8 by a vote of 83-63. HJR 52 is the constitutional amendment that HB 850 is the enabling bill for. It passed the House on May 9 by a vote of 108-21.
  • HB 3046 by Tony Dale would allow a city to call an election to change the sales tax rate. It passed on the May 9 Local & Consent Calendar.
  • HB 3062 by Kyle Kacal would prescribe procedures for the sale of property for delinquent ad valorem taxes. The committee substitute was adopted and it passed to Third Reading on a voice vote. Note: it will be on the May 15 calendar for Third Reading.
  • HB 3198 by Drew Darby would eliminate additional taxes imposed when there is a change in use of open-space land if the change is a result of a lessee conducting oil and gas operations. It passed on the May 11 Local & Consent Calendar. It is set for a hearing in the Senate Finance Committee on May 15.
  • HB 3446 by Yvonne Davis would prohibit a chief appraiser from requiring identification beyond what current law requires when filing a homestead exemption application unless the appraiser has reasonable evidence that the address listed on the identification is not the applicant's homestead. The committee substitute was adopted and it passed on the May 11 Local & Consent Calendar.
  • HJR 67 by Dwayne Bohac would propose a constitutional amendment instituting a property tax exemption for recipient of a Purple Heart or the recipient's surviving spouse. It passed unanimously.
  • SB 559 by Kelly Hancock would clarify that a seller of utilities including a retail electric provider providing service to a customer located in a city with a population of 1,000 or more is subject to the utilities gross receipts tax even if the seller is not physically located in the market served. The committee substitute was adopted and it passed on the May 11 Local & Consent Calendar.
  • SB 945 by Paul Bettencourt would allow the chief appraiser to correct an erroneous denial or cancellation of a homestead exemption if the applicant is over 65 or surviving spouse of a person over 6t or a disabled veteran. It was substituted for HB 2227 on the House floor. It passed on the May 11 Local & Consent Calendar. 
SENATE FINANCE COMMITTEE 
On May 11, the Senate Finance Committee took up:
  • HB 626 by Paul Workman extends the permissible period in which a late homestead exemption application can be filed to two years. It was reported favorably and recommended for the Local & Uncontested Calendar.
  • HB 1101 by Joe Pickett would prohibit the chief appraiser from requiring a 100% disabled veteran from filing a new application for property tax exemption if the person has previously qualified for the exemption. It was reported favorably and recommended for the Local & Uncontested Calendar.
  • HB 2126 by Angie Chen Button would clarify that qualifying for the retail rate, eligibility is not affected by whether the business sells telephone prepaid calling cards. It was reported favorably and recommended for the Local & Uncontested Calendar.
  • HB 2228 by Jim Murphy would set June 1 as the date for chief appraiser to accept, approve, or deny a request for a Freeport exemption. It would move up rendition requirements for the Freeport exemption to April 1. It was reported favorably and recommended for the Local & Uncontested Calendar. Note: the companion, SB 946, is on the Senate Intent Calendar for May 15.
  • HB 2253 by Drew Darby would provide that the court that makes the final determination of an appeal that decreases a property owner's liability would be required to determine the amount of interest; however, it could not be greater than the amount refunded and not less than the difference between minimum amount the taxpayer was required to pay to preserve the right to appeal and the amount of taxes for which the property owner is liable. It was reported favorably as substituted.
  • HB 2989 by Dennis Bonnen would establish that when correction is made to property tax roll that decreases tax liability made after the owner has paid the tax, the taxing unit must make the refund to the property owner who paid the tax. It was reported favorably and recommended for the Local & Uncontested Calendar.
  • HB 4002 by Dennis Bonnen it would clarify that the word production for purposes of the cost of goods sold deduction would mean construction, manufacture, development, mining, extraction, improvement, creation, raising, or growth. It was reported favorably and recommended for the Local and Uncontested Calendar.
  • HB 4054 by Jim Murphy would exempt baked goods from the sales tax. It was reported favorably and recommended for the Local & Uncontested Calendar.
The Senate Finance Committee will meet May 15 to take up:
  • HB 2277 by Drew Darby is a comptroller technical bill regarding high-cost natural gas production tax.
  • HB 2475 by Sarah Davis would add Broadway productions at owned or leased facilities to the list of business structures exempted from the sales tax on amusement services.
  • HB 2562 by Hugh Shine would exempt National Football League (NFL) championship game tickets from the sales tax.
  • HB 3232 by Drew Darby would provide an exception to 5% penalty for delinquent payment of oil and gas severance taxes if delinquency results from the filing of an amended report.
  • HB 3389 by Mike Schofield would require the district clerk to collect the fees taxed as costs of suit and award the fees to the master in each delinquent tax suit for which a master is appointed.
  • HB 4038 by Dwayne Bohac would add to the definition of "qualifying job" for purposes of the sales tax exemption for tangible personal property associated with a data center a new employment position staffed by a third-party employer if a written contract exists between the third-party employer and a qualifying owner, operator or occupant that provides that the employment position is permanently assigned to an associated qualifying data center.
HOUSE WAYS & MEANS COMMITTEE
On May 10, the House Ways & Means Committee took up :
  • SB 2 by Paul Bettencourt is an omnibus property tax reform bill. It was voted out favorably as substituted.
  • SB 669 by Jane Nelson would reform the property tax appraisal process. It was left pending.
  • SB 1345 by Kirk Watson would exempt from ad valorem taxes property owned by charitable organizations that provide pro bono tax return preparation and assistance with other financial matters. It was left pending.
  • SB 1767 by Dawn Buckingham would prohibit the appraisal review board from determining the value of a property to be greater than the value submitted by the chief appraiser unless agreed to by the parties to the protest. It was left pending.
HOUSTON ISD RECAPTURE ELECTION
On May 6, Houston voters authorized the HISD board to purchase $77.5 million in attendance credits to fulfill the district's financial obligation under the state's Robin Hood school finance law rather than see the district's most valuable commercial property permanently removed from HISD's tax rolls. Greater Houston Partnership CEO Bob Harvey said, "We are pleased that voters made the smart choice for all of our community. Keeping HISD's tax base intact ensures that Houston businesses can continue to help fund Houston's public schools and its future leaders. Now we turn our attention to advocating for wholesale changes to our state's outdated school finance system. The strong majority shows overwhelming support of the continued fiscal stability of HISD while meeting its obligations under the Texas Education Code. Although we won this fight and avoided an unprecedented and permanent detachment of commercial property value, we firmly believe that the Texas school finance equalization laws must be updated for the health and wellness of our education system."

Sen. Paul Bettencourt said, "The result is a win-win for HISD taxpayers as it means HISD does not have to detach properties and increase their debt rate to service outstanding debt. Many local leaders and groups came together to stress the importance of voting for HISD Proposition 1, and their hard work is evidenced by the dramatic turnaround in the election results tonight."  
PUBLIC EDUCATION
PASSED THE SENATE
  • SB 384 by Konni Burton would require the State Board of Education to make a reasonable effort to schedule end-of-course assessments at a time that does not conflict with the administration of a nationally recognized assessment used by institutions of higher education to award course credit by examination or advanced placement. It passed by a vote of 28-3. It is set for a hearing in the House Public Education Committee on May 16.
  • SB 436 by Jose Rodriguez would require the Special Education Continuing Advisory Committee to be open meetings with electronically posted meetings and to provide a procedure for members of the public to speak at committee meetings. It passed unanimously.
  • SB 529 by Eddie Lucio, Jr. would require State Board of Educator Certification to specify what each educator is expected to know and be able to do, particularly with regard to students with disabilities. The committee substitute and one floor amendment were adopted, and it passed by a vote of 29-3.
  • SB 748 by Judith Zaffirini would require the transition plan of a special education student's individualized education program to include community settings or environments that prepare the student for postsecondary education or training, competitive integrated employment, or independent living. Committee substitute was adopted and it passed by vote of 27-4. Note: companion, HB 4027, was withdrawn from House Local & Consent Calendar on May 12.
  • SB 1061 by Van Taylor would authorize the Commissioner of Education to grant more than one charter for an open-enrollment charter school to a charter holder if additional charter is for an open-enrollment charter school that has distinct purpose or student population. The committee substitute and one floor amendment were adopted and passed by a vote of 25-5.
  • SB 1278 by Larry Taylor would provide that internships under education preparation program require no more than 5 field supervisor visits and allow at least 3 of the field supervisor visits be provided by video, the Internet or another remote technological method. Committee substitute and one floor amendment were adopted and it passed by a vote of 20-9.
  • SB 1484 by Larry Taylor would require Commissioner of Education to develop a web portal to assist school districts in selecting instructional materials including general information such as price, computer system requirements, and other relevant specifications. The portal would also be required to include a repository of open educational resources and other electronic instructional materials that school districts may access at no cost, including state-developed open-source instructional materials. The committee substitute was adopted and it passed on the May 11 Local & Uncontested Calendar.
  • SB 1659 by Larry Taylor would require the Commissioner of Education to establish a competitive grant program to assist school districts and open-enrollment charter schools in implementing high-quality educational programs; and would authorize Commissioner of Education to accept gifts, grants, donations or other contributions on behalf of the public school system. The committee substitute and two floor amendments were adopted and it passed by a vote of 29-1.
  • SB 1660 by Larry Taylor would clarify the average daily attendance calculation for open-enrollment charter schools that operate a dropout recovery program. The committee substitute and two floor amendments were adopted and it passed unanimously. It has been set for a hearing in the House Public Education Committee for May 16.
  • SB 1786 by Bob Hall would provide that an open-enrollment charter school is a political subdivision and officers and members of the governing body of the open-enrollment charter school are considered to be officials of the political subdivision and employees of the charter school considered to be public employees. It passed to Third Reading on May 11 by a vote of 20-11. It is on the Senate Intent Calendar for May 15 for final passage.
  • SB 1794 by Jose Menendez would repeal the requirement that school districts develop and implement a plan to increase enrollment of the district's students at institutions of higher education. It passed unanimously.
  • SB 1838 by Bryan Hughes would clarify that a municipality must consider an open- enrollment charter school a school district for purposes of zoning, permitting, code compliance, and development. The committee substitute was adopted and it passed on the May 12 Local & Uncontested Calendar.
  • SB 2078 by Larry Taylor would require school districts to include in their multihazard emergency operation plan a chain of command that designates individual responsible for making final decisions during a disaster or emergency situation; provisions for responding to a disaster or emergency; provisions for ensuring the safety of students in portable buildings; and provisions for providing immediate notification to parents. The committee substitute was adopted and it passed by a vote of 27-3. It is set for a hearing in House Public Education Committee on May 16.
  • SB 2079 by Larry Taylor would require a student's post-secondary transcript to include the average grade that was awarded to all students in the class immediately to the right of the student's individual grade. The committee substitute and one floor amendment were adopted and it passed by a vote of 28-2.
  • SB 2084 by Larry Taylor would require the Commissioner of Education to adopt rules to calculate average daily attendance for students participating in blended learning program in which classroom instruction is supplemented with applied workforce learning opportunities, including participation of students in internships, externships, and apprenticeships. The committee substitute was adopted and it passed on the May 12 Local & Uncontested Calendar.
PASSED THE HOUSE 
  • HB 884 by Ken King would require State Board of Education to study the Texas Essential Knowledge & Skills (TEKS) curriculum requirements and revise TEKS to narrow the number and scope of student expectations for each subject and grade level to make them narrower than Jan. 1, 2017 levels. SBOE would also be required to determine whether the college and career readiness standards have been appropriately integrated into TEKS. It would limit instructional materials proclamations issued by SBOE to proclamations for instructional materials in which the total projected cost of instructional materials does not exceed 75% of the total amount of instructional materials funding. It passed to Third Reading by a vote of 104-35. On May 11, it received final approval by a vote of 1067-40
  • HB 1553 by J.M. Lozano would authorize a school district that has failed to satisfy performance standards to enter into a memorandum of understanding with an institution of higher education to improve district performance. It passed on the May 9 Local & Consent Calendar.
  • HB 2010 by Greg Bonnen would require Texas Education Agency (TEA) to collect and make available to a school district on request information regarding workplace safety training that may be included as part of the district's curriculum; and would allow a school district to develop workplace safety program that provides educators access to the information provided by TEA and encourages them to include the workplace safety training information in the curriculum of appropriate courses provided to students enrolled in grades 7 through 12. It passed on the May 9 Local & Consent Calendar.
  • HB 2051 by Dan Huberty would increase the New Instructional Facilities Allotment from $250 to $1000 per average daily attendance (ADA). The committee substitute was adopted and it passed to Third Reading on a voice vote. On May 9, it received final approval by a vote of 114-16.
  • HB 2087 by Gary VanDeaver is a student data privacy bill that would prohibit an operator from knowingly:
    • Engage in targeted advertising on any website, online service, online application, or mobile application if the target of the advertising is based on any information that the operator has acquired through the use of the operator's website, online service, online application, or mobile application for a school purpose.
    • Use information, including persistent unique identifiers, created or gathered by the operator's website, online service, online application, or mobile application, to create a profile about a student unless the profile is created for a school purpose; or
    • Sell or rent any student's covered information.
    • The committee substitute was adopted and it passed to Third Reading on a voice vote. On May 11, it received final approval by a vote of 146-1.
  • HB 2623 by Alma Allen would require school districts to assist students in making the transition back to school after being in a disciplinary alternative education program or other alternative program. The committee substitute was adopted and it passed on the May 9 Local & Consent Calendar.
  • HB 2782 by Terry Wilson would provide that school district performance rating method used is not implemented in a manner that provides for a specific designated distribution of ratings to districts and campuses under which a percentage of districts or campuses receive an "A" rating or an "F" rating. One floor amendment was adopted and it passed to Third Reading on a voice vote. On May 12, it received final approval by a vote of 142-1.
  • HB 2937 by Terry Canales would require TEA to implement a pilot program under which a licensed hospital can offer dual credit courses to high school students. The committee substitute and one floor amendment were adopted and it passed on the May 9 Local & Consent Calendar.
  • HB 3438 by Linda Koop would clarify school district bonding authority and the role of the Texas Public Finance Authority. The committee substitute was adopted and it passed to Third Reading on a voice vote. On May 9, it received final approval by a vote of 121-20.
  • HB 3526 by Donna Howard would rename the instructional materials allotment as the technology and instructional materials allotment. The committee substitute was adopted and it passed on the May 9 Local & Consent Calendar.
  • HB 3548 by Tan Parker would authorize the Texas Public Finance Authority to establish a nonprofit corporation to issue bonds for charter school facilities. It passed to Third Reading on a voice vote. On May 9, it received unanimous final approval.
  • HB 4064 by Dwayne Bohac would require educator certification programs to include instruction in digital learning and include a digital literacy evaluation; and would require educator and principal continuing education requirements to include instruction regarding digital learning, digital teaching, and integrating technology into the classroom. The committee substitute was adopted and it passed on the May 9 Local & Consent Calendar.
  • SB 160 by Jose Rodriguez would prohibit the adoption or implementation of a performance indicator that evaluates total number of enrolled students of a school district or open- enrollment charter school who receive special education services. It passed on the May 9 Local & Consent Calendar.
  • SB 179 by Jose Menendez would be David's Law. It prohibits cyberbullying, provides reporting procedures, requires the Texas Supreme Court to adopt pre-trial discovery rules for cyberbullying cases involving injury or death of a minor; and establishes civil liability for cyberbullying cases. It was substituted for HB 306 on the House floor. The committee substitute and two floor amendments were adopted and it passed to Third Reading by a vote of 104-38. On May 12, it received final approval by a vote of 130-11.
  • SB 587 by Donna Campbell would allow dependents of members of the U.S. military who have been deployed, transferred to, or residing in Texas to enroll full time in courses provided through the virtual school network. It was substituted on the House Floor for HB 539. The committee substitute and 1 floor amendment were adopted and it passed to Third Reading on a voice vote. On May 11, it received unanimous final approval.
  • SB 671 by Donna Campbell would require the State Board of Education to allow successful completion of a dual language immersion program at an elementary school to count as one high school credit as a foreign language. It was substituted for HB 1451 on the House floor. It passed on the May 9 Local & Consent Calendar.
SENATE ADMINISTRATION COMMITTEE 
On May 9, the Senate Administration Committee took up   HB 1638 by Ryan Guillen, which would require the TEA and Texas Higher Education Coordinating Board to jointly develop statewide goals for dual credit programs, including early college high school programs, career and technical education dual credit programs, and joint high school and college credit programs to provide uniform standards for evaluation the programs. It was reported favorably and recommended for the Local & Uncontested Calendar. It passed on the May 11 Local & Uncontested Calendar.

SENATE AGRICULTURE, WATER, & RURAL AFFAIRS COMMITTEE 
The Senate Agriculture, Water, & Rural Affairs Committee will meet May 15 to take up HB 367 by Diego Bernal, which would allow campuses to donate surplus leftover food from breakfast, lunch, snack, and dinner meals served on-campus to a nonprofit organization.

SENATE EDUCATION COMMITTEE
On May 9, the Senate Education Committee took up:
  • HB 789 by Morgan Meyer would allow a school district (bracketed to Highland Park ISD) to set a minimum required score for each section of an examination for acceleration or credit. It was voted out favorably.
  • HB 3563 by Linda Koop would conform parental notification requirements regarding teacher qualifications with the Every Student Succeeds Act. It was voted out favorably.
  • SB 1309 by Bob Hall would specify that a school district may not be required to provide staff training or student instruction regarding Internet safety, teen dating violence, bullying, student parenthood, child abuse, or school bus transportation safety. It was left pending.
On May 11, the Senate Education Committee took up:
  • HB 264 by Ana Hernandez would change the expiration date for the Public Outreach Materials to Promote Curriculum Change Awareness provisions from Sept. 1, 2018 to Sept. 1, 2020. It was voted out favorably.
  • HB 1291 by Charlie Geren would require the State Board of Education and school districts to ensure that the public school curriculum emphasizes an understanding of the principles underlying the U.S. form of government, including a study of the Founding Fathers, Declaration of Independence, U.S. Constitution, Bill of Rights, and Federalist Papers. It was voted out favorably as substituted.
  • HB 4056 by Toni Rose would require the list of recommended best practice-based programs provided by the Dept. of State Health Services for schools to be research-based practices and include recommendations in the areas of physical or emotional trauma intervention; social and emotional learning; positive school climate; and positive behavior supports. It was voted out favorably as substituted.
HOUSE PUBLIC EDUCATION COMMITTEE
On May 9, the House Public Education Committee took up :
  • SB 601 by Donna Campbell would allow open-enrollment charter schools to be exempt from municipal drainage requirements. It was reported favorably.
  • SB 725 by Borris Miles would allow a school district to donate food to a nonprofit organization to be distributed at the campus. It was voted out favorably as substituted.
  • SB 1051 by Kirk Watson would require driver education programs to provide an accommodation for deaf students. It was reported favorably.
  • SB 1152 by Jose Menendez would require school districts to excuse a student to pursue enlistment in a branch of the U.S. armed services or the Texas National Guard. It was reported favorably and recommended for the Local & Consent Calendar.
  • SB 1153 by Jose Menendez would clarify a parent's right to records relating to assistance provided for learning difficulties, including information collected regarding any intervention strategies used with the child. It was reported favorably.
The House Public Education Committee will meet May 16 to take up:
  • SB 463 by Kel Seliger would remove the sunset date on individual graduate committees.
  • SB 490 by Eddie Lucio, Jr. would require charter schools to report through the Public Education Information Management System (PEIMS) information on the availability of school counselors at each campus.
  • SB 1005 by Donna Campbell would require the Commissioner of Education to establish satisfactory performance levels for the SAT and ACT that are equivalent in rigor to qualify a student to receive a high school diploma in lieu of other required assessments required for high school graduation.
  • SB 1398 by Eddie Lucio, Jr. would clarify provisions related to the use of video cameras in special education classrooms.
  • SB 1481 by Larry Taylor would change instructional materials allotment to the instructional materials and technology allotment. And, it would prohibit school districts from using money in their instructional materials and technology account until the district has submitted and obtained peer review certification of the district's technology plan. It would require the State Board of Education to limit adoption of instructional materials to provide sufficient resources to purchase technology resources, including digital curriculum.
  • SB 1483 by Larry Taylor would establish Technology Lending Program using up to $25 million from the instructional materials fund to provide grants to school districts to implement a technology lending program to provide students access to equipment necessary to access and use electronic instructional materials.
  • SB 1566 by Lois Kolkhorst would authorize school boards to require school district's chief financial officer to appear at an executive session or testify at a public hearing held by the board; and would prohibit superintendent from interfering with compelled appearance or testimony.
  • SB 1658 by Larry Taylor would establish a procedure to close an open-enrollment charter school whose charter has been revoked, non-renewed, expired, surrendered, abandoned, or otherwise ceased operation.
  • SB 1784 by Larry Taylor would allow state-developed open education resources to include content not owned by the state for which preexisting rights may exist if the content is in the public domain; may be used under a limitation or exception to copyright law; or is licensed to the state for use in an open education resource. It would change all statutory references regarding "open-source instructional material" to "open education resources."
  • SB 1839 by Bryan Hughes would require the TEA to provide educator preparation programs with Public Education Information Management System (PEIMS) data that enables the program to assess the impact of the program and revise the program as needed to improve the design and effectiveness of the program. It would allow certification for an educator that performs satisfactorily on an examination that is similar to and at least as rigorous and the prescribed certification exam.
  • SB 1854 by Carlos Uresti would require campus-level committees to review every six months the paperwork requirements imposed on classroom teachers and recommend to the board of trustees paperwork responsibilities that can be transferred to non-instructional staff.
  • SB 1883 by Donna Campbell would establish a procedure for the open-enrollment charter application selection and appeal process and the process for challenging an academic performance rating.
  • SB 1886 by Paul Bettencourt would establish the Office of Inspector General at the TEA to investigate, prevent, and detect criminal misconduct and wrongdoing and of fraud, waste and abuse in the administration of public education by school districts, open-enrollment charter schools, regional education service centers, and other local education agencies.
  • SB 2131 by Royce West would change requirements for providing postsecondary education counseling for high school students.
  • SB 2144 by Larry Taylor would establish the Texas Commission on Public School Finance to develop and make recommendations for improvements to the current public school finance system or for new methods of financing public schools.
  • SB 2188 by Larry Taylor would clarify that a student who is at least 18 years of age who has met graduation credit requirements and is in an off home campus instructional arrangement is considered a full-time equivalent of the student receives 20 hours of contact a week for purposes of the average daily attendance calculation.
 
HIGHER EDUCATION
PASSED THE SENATE  
  • HB 1638 by Ryan Guillen would require the TEA and Texas Higher Education Coordinating Board to jointly develop statewide goals for dual credit programs, including early college high school programs, career & technical education dual credit programs, and joint high school and college credit programs to provide uniform standards for evaluating programs. It passed on Local & Uncontested Calendar on May 11.
  • SB 837 by Kel Seliger would nullify general student elections held for the purpose of authorizing or increasing a fee unless 10% of students participate in the election and at least 50% of the students participating in the election have completed less than 75 semester credit hours toward a baccalaureate degree program or 36 semester credit hours toward the student's master's degree program. The committee substitute was adopted and it passed on the May 11 Local & Uncontested Calendar.
  • SB 2086 by Royce West would establish regional consortiums to facilitate the transfer of students and course credit within the public higher education system. The committee substitute was adopted and it passed unanimously.
  • SB 2122 by Royce West would authorize the Texas Higher Education Coordinating Board to develop and implement a transfer policy for lower division courses among Texas public institutions of higher education. Committee substitute was adopted & passed unanimously.
PASSED THE HOUSE
  • HB 654 by Travis Clardy would require the Coordinating Board to include in formula funding the first 15 additional semester credit hours earned by a student who has re-enrolled at the institution following a break in enrollment covering the 24-month period preceding the first class day of the initial semester or other academic term of the student's enrollment; and successfully completed at least 50 semester credit hours of course work at the institution before that break in enrollment. It would also allow a student in those circumstances to drop one additional course. It passed on the May 9 Local & Consent Calendar. Note: the companion, SB 1782 has passed the Senate and is on the House Calendar for May 15.
  • HB 961 by Justin Rodriguez would provide for the election of junior college district trustees by a plurality vote. The committee substitute was adopted and it passed to Third Reading by vote of 125-18 on May 6. It received final approval on May 8 by a vote of 130-17. It is set for a hearing in the Senate Higher Education Committee on May 15.
  • HB 2537 by Bobby Guerra would add to the information that must be provided to students in each year of high school to include information on the availability of education and training vouchers and tuition and fee waivers to attend an institution of higher education for students who is or was previously in the conservatorship of the Dept. of Family & Protective Services. It passed on the May 9 Local & Consent Calendar.
  • HB 3083 by Four Price would include a chemical dependency counselor among mental health professionals eligible for education loan repayment, and would clarify eligibility and payout requirements for the mental health professional education loan repayment program. The committee substitute was adopted and it passed to Third Reading on a voice vote. On May 12, it received final approval by a vote of 126-16.
  • HB 3629 by Dennis Bonnen would authorize a baccalaureate degree program in nursing to be offered by Brazosport College District. It passed to Third Reading on a voice vote.
SENATE HIGHER EDUCATION COMMITTEE
The Senate Higher Education Committee met May 15 to take up :
  • HB 17 by J.M. Lozano would establish the Texas Higher Education Innovation Accelerator to support and accelerate innovation in educational delivery at institutions of higher education and to advance state educational and workforce goals.
  • HB 385 by Jim Murphy would include semester credit hours earned by a student who is enrolled in an accelerated baccalaureate program that uses a competency-based model and year-round flat-rate tuition in formula funding.
  • HB 2223 by Helen Giddings would require a phased-in, statewide, co-requisite model, where students enroll simultaneously in a developmental education course and the gateway course of the same subject matter during the same semester.
  • HB 2432 by John Raney would allow the board of regents of Texas A&M University System to establish and operate a university system center in Brazos County.
  • HB 3808 by Travis Clardy would add licensed marriage and family therapists to the student loan repayment program for mental health professionals.
ENERGY
PASSED THE SENATE 
  • HB 1818 by Larry Gonzales is the sunset bill for the Texas Railroad Commission. It passed by a vote of 29-2. Railroad Commission Chairman Christi Craddick commented on HB 1818 saying, "All of us at the Railroad Commission share in the commitment to protect the public and the environment in a way that allows the energy industry to remain an economic driver for our state. This Sunset review has spanned several legislative sessions and has resulted in an even stronger Railroad Commission today."
  • SB 83 by Bob Hall would establish electromagnetic threat preparedness task force to develop comprehensive threat protection and recovery plan to protect critical infrastructure and vital utility facilities against electromagnetic, geomagnetic, terrorist, and cyber-attack threats. The committee substitute was adopted and it passed by a vote of 28-3.
PASSED THE HOUSE 
HB 787 by Tan Parker would establish the Electric Grid Security Advisory Committee to study Texas electric grid and the computer systems and networks related to it and to share its findings with any state agency it considers important to the security of the electric grid or associated computer systems and networks. The committee substitute and one floor amendment were adopted and it passed to Third Reading on a voice vote on May 8. On May 9, it received unanimous final approval. It is set for a hearing in the Senate Business & Commerce Committee for May 16.

SENATE BUSINESS & COMMERCE COMMITTEE 
On May 11, the Senate Business & Commerce Committee took up HB 1571 by Chris Paddie, which would require the energy savings performance contracts of local governmental entities to report the estimated amount of avoided expected future operating and maintenance costs. It was voted out favorably. Note: Companion, SB 1382, was reported favorably as substituted from Senate Business & Commerce Committee on May 9 and recommended for Local & Uncontested Calendar.

The Senate Business & Commerce Committee will meet May 16 to take up:
  • HB 931 by Rick Miller would expand to Galveston, Brazoria, Fort Bend, Waller, Montgomery, Liberty, Chambers, Matagorda, Wharton, Austin and Colorado Counties (current law only applies to Harris County) the ability of electric utilities to enter into agreements to allow public access to premises owned by the utility for recreational use; and would allow the utility to require the person to whom the utility has made agreement to insure utility against defense or other litigation costs by the utility as a result of allowing the recreational use.
  • HB 1166 by Phil Stephenson would expand to Fort Bend County (current law only applies to Harris County) the ability of electric utilities to enter into agreements to allow public access to premises owned by the utility for recreational use.
SENATE NATURAL RESOURCES & ECONOMIC DEVELOPMENT COMMITTEE 
The Senate Natural Resources & Economic Development Committee will meet May 16 to take up HB 129 by Tom Craddick, which would allow a payor of proceeds delivered from the sale of oil or gas production to provide required information to a royalty interest owner in a format other than in writing if the payor and owner agree.
  
ENVIRONMENT
PASSED THE SENATE
  • HB 544 by Charles "Doc" Anderson would allow the rural water assistance fund to be used for water planning. It passed on the Local & Uncontested Calendar on May 12.
  • HB 1625 by Greg Bonnen would allow the Land Commissioner to remove a vessel or structure without providing notice if it creates an imminent and significant threat to life or property or creates a significant navigation hazard. The committee substitute was adopted and it passed on the Local & Uncontested Calendar on May 12.
  • HB 2582 by J. D. Sheffield would exempt an extraction area from which marble or granite material is extracted for decorative or artistic uses and the average amount of riprap removed per year is less than 1,500 tons from regulation as an aggregate production operation. It passed on the Local & Uncontested Calendar on May 12.
  • SB 2014 by Brandon Creighton would clarify that legislature can create and validate creation of municipal utility district that includes any portion of land covered by city that consents to creation of the district. It passed on Local & Uncontested Calendar on May 11.
  • SB 2140 by Eddie Lucio, Jr. would authorize the Economically Distressed Areas Account to be used to provide financial assistance to political subdivisions for drainage services. The committee substitute was adopted and it passed by a vote of 30-1.
PASSED THE HOUSE
  • HB 1856 by Ken King would exempt a person that is arranging recycling from liability under the Solid Waste Disposal Act if the person would not be liable under federal law for the recyclable material. The committee substitute was adopted and it passed to Third Reading on a voice vote. On May 9, it received unanimous final approval.
  • HB 2533 by Charlie Geren would allow local governments to file civil suits for environmental violations after notifying the attorney general (AG) and Texas Commission on Environmental Quality (TCEQ) outlining the alleged violation, the facts that support the claim, and the specific relief sought. It would allow the suit to proceed 90 days after the notification unless the AG files the suit or the AG or TCEQ denies authorization to pursue the suit. The committee substitute was adopted and it passed to Third Reading by a vote of 141-2. On May 9, it received final passage by a vote of 127-10. It is scheduled for a hearing in the Senate Natural Resources & Economic Development Committee on May 16.
  • HB 3026 by Dade Phelan would abolish the used oil recycling account and transfer funds into the water resource management account. The committee substitute was adopted and it passed to Third Reading on a voice vote. On May 9, it received unanimous final approval. Note: the companion, SB 1105, has passed the Senate and was referred to the House Appropriations Committee on May 4.
  • HB 3085 by Mark Keough would require the Geo-Technology Research Institute to conduct a study on the monitoring, prevention, and removal of floating trash. It passed on the Local & Consent Calendar on May 9.
  • HB 3735 by James Frank would require a water rights application to be accompanied by a map or plat on a form prescribed by TCEQ. One floor amendment was adopted and it passed to Third Reading on a voice vote. On May 12, it passed by a vote of 138-5.
  • HB 3991 by Lyle Larson would allow an aquifer storage and recovery project to involve the use of water derived from multiple sources, including a new appropriation of water. It passed to Third Reading on a voice vote. On May 12, it received unanimous final approval.
  • SB 1541 by Craig Estes would define "treatment" as a manufacturing, mechanical, or chemical process other than sizing, shaping, diluting, or sorting for purposes of statutes relating to the treatment and recycling for beneficial use of drill cuttings. The committee substitute was adopted and it passed on the Local & Consent Calendar on May 9.
SENATE AGRICULTURE, WATER, & RURAL AFFAIRS COMMITTEE
On May 8, the Senate Agriculture, Water, & Rural Affairs Committee took up HB 1648
by Four Price would authorize a retail public water utility to designate an employee as water conservation coordinator responsible for implementing water conservation plan. It was reported favorably and is on the Senate Intent Calendar for May 15 (first placement).

The Senate Agriculture, Water, & Rural Affairs Committee will meet May 15 to take up:
  • HB 1573 by Four Price would require the Water Development Board to establish training standards for certified water loss auditors and would require water loss auditors to demonstrate comprehensive knowledge of water utility systems and terminology and any tools available for analyzing audit results.
  • HB 2215 by Four Price would require regional water planning groups to submit to the Texas Water Development Board a regional water plan that is consistent with the desired future conditions most recently adopted for relevant aquifers located in the area that includes opportunities for large-scale desalination facilities for marine seawater or brackish groundwater.
  • HB 2654 by Lynn Stucky would clarify that a county tax assessor-collector who performs duties related to collection of assessments imposed by a local government related to Property Assessed Clean Energy (PACE) projects is not personally liable as a result of exercising those duties.
  • HB 2943 by Lyle Larson would clarify that Texas Water Development Board must use money in the State Water Pollution Control Revolving Fund to provide financial assistance to persons eligible under the federal Water Pollution Control act, including nonpoint source pollution control and abatement and water quality control projects.
  • HB 3618 by Tracy King would require river authorities to submit a written summary report on the water quality assessment of the authority's watershed to TCEQ, Soil & Water Conservation Board, and Texas Parks & Wildlife Department.

SENATE INTERGOVERNMENTAL RELATIONS COMMITTEE

The Senate Intergovernmental Relations Committee will meet May 15 to take up HB 2803 by Lyle Larson, which is a non-substantive recodification of local laws related to water and wastewater special districts.  

  
SENATE NATURAL RESOURCES & ECONOMIC DEVELOPMENT COMMITTEE
The Senate Natural Resources & Economic Development Committee will meet May 16 to take up:
  • SB 551 by Lois Kolkhorst would allow the TCEQ to return an incomplete or inaccurate application for a solid waste facility to the applicant for completion or correction. But the commission would be required to deny permit application that is incomplete or inaccurate if the applicant has had an opportunity to make the correction and would prohibit the commission from approving a subsequent application for a solid waste facility at that site.
  • HB 1515 by Gary Ekins would extend the sunset date on the Dry Cleaner Environmental Response Program from September 1, 2021 to September 1, 2050.
  • HB 2321 by Chris Turner would require at least 50% of the money a county receives from TCEQ must be spent on county's LIRAP initiatives; and would allow county to implement a local initiative project to improve air quality if approved by the county commissioners court.
  • HB 2662 by Brooks Landgraf would increase amount of radioactive waste that compact radioactive waste disposal facilities can dispose; and would grant the Radioactive Waste Disposal Compact Commission the authority to grant exemptions to allow disposal above that limit.
  • HB 3117 by Alma Allen would prohibit the TCEQ from issuing an air permit for a facility if another permitted facility is located within a five-mile radius of the proposed facility.
  • HB 4181 by Mary Ann Perez would authorize the TCEQ to provide renewal notice to a new source review air permit holder by electronic communication.
HOUSE NATURAL RESOURCES COMMITTEE
The House Natural Resources Committee will meet on May 17 to take up:
  • SB 696 by Charles Perry would require TCEQ to develop updated water availability models (WAMs) for the Brazos, Guadalupe, San Antonio and Trinity River basins by December 1, 2020.
  • SB 862 by Charles Perry would allow attorney's fees to be awarded to the prevailing party in a suit against a groundwater conservation district.
  • SB 1511 by Charles Perry would require the state water planning process to include consideration of implementation of projects included in the preceding state water plan that were given a high priority including an analysis of any impediments to the implementation of the projects.
  • SB 1525 by Charles Perry would require the Texas Water Development Board to study water needs and availability in the state and to use results to produce a comprehensive water resources map.
  • SB 1870 by Judith Zaffirini would authorize counties to prohibit the possession of a glass container within the boundaries of state-owned riverbeds.
HOUSE ENVIRONMENTAL REGULATION COMMITTEE
On May 11, the House Environmental Regulation Committee took up:
  • SB 1045 by Craig Estes would allow TCEQ to consolidate the notice of intent to obtain a permit with the notice of preliminary decision into one notice. It was reported favorably.
  • SB 1330 by Kel Seliger would clarify fees collected to fund operations of Texas Low-Level Radioactive Waste Disposal Compact Commission. It was reported favorably and recommended for the Local & Consent Calendar.
  • SB 1667 by Kel Seliger would clarify that the Texas Low-Level Radioactive Waste Compact Commission is an independent entity established by federal law and is not an agency of the State of Texas but allows funds to flow through the comptroller. It was reported favorably and recommended for the Local & Consent Calendar.
HOUSE GOVERNMENT TRANSPARENCY & OPERATION COMMITTEE
The House Government Transparency & Operation Committee met May 15 to take up SB 59 by Judith Zaffirini, which would require the State Energy Conservation Office to provide energy and water management planning assistance to state agencies and institutions of higher education in preparing comprehensive energy and water management plans including assistance to the Dept. of Public Safety for energy emergency contingency planning.
GENERAL BUSINESS
PASSED THE SENATE  
  • HB 1555 by John Kuempel would allow wine and beer permit holders to sell lottery tickets if the permit holder derives less than 30% of its gross receipts from the sale or service of alcoholic beverages. It passed on Local & Uncontested Calendar on May 12.
  • HB 2299 by Senfronia Thompson (would allow the TABC to require proof that a laboratory performing test to verify alcohol content of malt beverages to be a certified laboratory. It passed on the Local & Uncontested Calendar on May 12.
PASSED THE HOUSE   
  • HB 3150 by DeWayne Burns would allow a merchant to offer a person who is suspected of stealing or attempting to steal property from the merchant an opportunity to complete the merchant's education program instead of reporting the suspected offense to a law enforcement agency. The committee substitute and one floor amendment were adopted and it passed to Third Reading on a voice vote. On May 9, it received unanimous final approval. Note: the companion, SB 1110, has been referred to the Senate Criminal Justice Committee but has not had a hearing.
  • HB 3287 by Craig Goldman would clarify that the production caps on the sale of beer and ale by holders of brewer's permits apply to all premises owned by the license holder or an affiliate or subsidiary. The committee substitute and two floor amendments were adopted and it passed to Third Reading on a voice vote. On May 8, it received final approval by a vote of 111-33.
  • SB 1517 by Kelly Hancock would add to definition of "person" under Business Organizations Code series of domestic limited liability company or foreign entity; and would establish procedures for service of process on series of limited liability companies or foreign entities. It also makes several changes to statutes related to limited liability companies. It was substituted for HB 2826 on House Floor. It passed on Local & Consent Calendar on May 9.
  • SB 1518 by Kelly Hancock would bring Texas into conformity with the Model Business Corporation Act. It was substituted for HB 2827 on the House floor. It passed on the Local & Consent Calendar on May 9.
SENATE BUSINESS & COMMERCE COMMITTEE 
On May 9, the Senate Business & Commerce Committee took up:
  • SB 1217 by Dawn Buckingham would limit sales to consumers on a brewer's or alcohol manufacturer's premises for off-premises consumption to one purchase per consumer per month. It was left pending.
  • SB 2083 by Kel Seliger would clarify that the production caps on the sale of beer and ale by holders of brewer's permits apply to all premises owned by the license holder or an affiliate or subsidiary. It was left pending.
  • HB 1555 by John Kuempel would allow wine and beer permit holders to sell lottery tickets if the permit holder derives less than 30% of its gross receipts from sale or service of alcoholic beverages. It was reported favorably and recommended for the Local & Uncontested Calendar. It passed on the Local & Uncontested Calendar on May 12.
  • HB 2097 by Charlie Geren would clarify that the holder of a brewpub license can sell beer, ale, or malt liquor manufactured on the brewpub's premises. It was voted out favorably.
  • HB 2098 by Charlie Geren would authorize a holder of wholesaler's permit to purchase ale & malt liquor from holders of a brewpub license. It was voted out favorably as substituted.
HOUSE BUSINESS & INDUSTRY COMMITTEE
The House Business & Industry Committee met May 15 to take up SB 2127 by Larry Taylor, which would prohibit consumer reporting agency from furnishing consumer report containing information related to a collection account with a medical industry billing code when consumer had health insurance at the time of the event and the collection relates to billing for an outstanding balance, after copayments, deductibles, and coinsurance, owed to an emergency care provider or a facility-based provider for an out-of-network benefit claim.

TELECOMMUNICATIONS 
On May 8, the House Government Transparency & Operation Committee took up HB 2667 by Eddie Lucio, III, which would authorize the provision of telecommunications services through statewide technology centers. It was left pending.

The Senate State Affairs Committee met May 15 to take up HB 62 by Tom Craddick, which would be the Alex Brown Memorial Act. It would ban the use of wireless communication devices for texting while operating a motor vehicle.

TORT 
SENATE STATE AFFAIRS COMMITTEE 
On May 8, the Senate State Affairs Committee took up HB 1761 by John Smithee, which would clarify that the Texas Supreme Court has appellate jurisdiction, except in criminal law matters, of an appealable order or judgment of the trial courts if the court determines that the appeal presents a question of law that is important to the jurisprudence of the state; however the supreme court's jurisdiction does not include cases in which the jurisdiction of the court of appeals is made final by statute. It was reported favorably and recommended for the Local & Uncontested Calendar. It is on the Senate Intent Calendar for May 15.

The Senate State Affairs Committee met May 15 to take up HB 1463 by John Smithee, which would require a claimant to provide at least 150-day notice to the respondent of intent to file a claim under the Americans With Disabilities Act (ADA). The notice would have to state:
  • The name of the individual asserting the claim;
  • Each alleged violation including each applicable statutory or regulatory provision alleged to have been violated;
  • Each design, construction, technical, or other standard alleged to have been violated; and
  • The time, place and manner in which the claimant discovered the alleged violation.
A respondent who has received a notice of intent to file a claim would be allowed to correct the alleged ADA violation. 
 
TRANSPORTATION 
SENATE STATE AFFAIRS COMMITTEE
On May 11, the Senate State Affairs Committee took up HB 100 by Chris Paddie, which would provide that regulation of transportation network companies, their drivers and their vehicles is an exclusive power and function of the state and cannot be regulated by a municipality, state agency, or other state or local entity. It was reported favorably.  
  
HOUSE TRANSPORTATION COMMITTEE 
On May 11, the House Transportation Committee took up SB 2205 by Kelly Hancock, which would prescribe the circumstances under which automated motor vehicles can be tested in Texas. It was voted out favorably.
HOUSE LAND & RESOURCE MANAGEMENT COMMITTEE 
The House Land & Resource Management Committee will meet May 17 to take up SB 979 by Charles Schwertner, which would prohibit an entity that operates or plans to operate a high-speed rail from using property acquired for purposes other than high-speed rail; and If the high-speed rail authority does not use the property for that specific purpose, the original landowner would have to be given the opportunity to repurchase the land.
  
WORKFORCE
PASSED THE HOUSE 
  • HB 108 by Carol Alvarado would establish the Recruit Texas Program to support employers expanding or relocating operations in Texas with a focus on recruiting employers who will provide complex or high-skilled employment opportunities in Texas. The committee substitute was adopted and it passed to Third Reading by a vote of 116-23. On Thursday, it received final approval by a vote of 115-30.
  • HB 493 by Mary Ann Perez would require the Texas Workforce Commission to annually report to the governor and legislature information related to the College Credit for Heroes program including the number of academic or workforce education semester credit hours awarded under the program and applied toward a degree or certification program at an institution of higher education during the most recent academic year. The committee substitute was adopted and it passed on Tuesday's Local & Consent Calendar. It was heard in the Senate Veteran Affairs & Border Security on May 12 and voted out favorably.
  • HB 3349 by Barbara Gervin-Hawkins would require the State Board for Educator Certification to establish an abbreviated educator preparation program for person seeking certification in trade and industrial workforce training. The committee substitute was adopted and passed to Third Reading on a voice vote. On May 12, it received final approval by a vote of 141-1.
  • HB 3706 by Eddie Lucio, III would add options for alternative education programs designed to address workforce development needs for at-risk students. It passed on the Local & Consent Calendar on May 11.
SENATE VETERAN AFFAIRS & BORDER SECURITY COMMITTEE 
On May 12, the Senate Veteran Affairs & Border Security Committee took up HB 257 by Ana Hernandez would require the Texas Workforce Commission in consultation with Texas Coordinating Council for Veterans Services to submit an annual report to the governor and legislature identifying:
  • The 5 most common military occupational specialties of service members who are transitioning from military service to employment;
  • The  5 occupations for which the military occupational specialties identified best offer transferable skills that meet the needs of employers; and
  • Any industry-based certifications that align with the military occupational specialties identified.
  • It was voted out favorably.
SENATE HEALTH & HUMAN SERVICES COMMITTEE
The Senate Health & Human Services Committee met May 15 to take up HB 1608 by Ina Minjarez would require the Dept. of Family & Protective Services to establish a summer internship pilot program providing foster children with the opportunity to develop marketable job skills and obtain professional work experience through a summer internship with a participating business, nonprofit organization, or governmental entity.  
END-OF SESSION SLOW-DOWN RULES
Rules that institute deadlines prior to the end of the legislative session:
  • May 17, 2017 - Last House Local & Consent Calendar with local House Bills must be distributed by 9 AM due to the 48-hour layout for Local & Consent calendars (128th day).
  • May 19, 2017 - Last day for the House to consider local House Bills on Second and Third Reading. First day the Senate can consider bills and resolutions the first day they are posted on the Intent Calendar (130th Day).
  • May 20, 2017 - Last day for House Committees to report Senate Bills and Senate Joint Resolutions (131st Day).
  • May 21, 2017 - Last House Daily Calendar with Senate Bills and Senate Joint Resolutions must be printed and distributed (10:00 PM deadline) due to the 36-hour layout rule for regular calendars (132nd Day).
  • May 22, 2017 - Last House Local & Consent Calendar with Senate Bills must be distributed by 9:00 AM due to the 48-hour layout rule for Local & Consent calendars (133rd Day).
  • May 23, 2017 - Last day for the House to consider Second Reading Senate Bills and Senate Joint Resolutions on the regular calendar (134th Day).
  • May 24, 2017 - Last day for the House to consider local and consent Senate bills on Second and Third Reading and to consider all Third Reading Senate bills and Senate Joint Resolutions on the regular calendars. Last day for the Senate to consider all bills and joint resolutions on Second or Third Reading (135th Day).
  • May 25, 2017 - All Senate amendments must be distributed in the House before midnight due to the 24-hour layout rule (136th Day).
  • May 26, 2017 - Last day for the House to act on Senate amendments. Senate copies of conference committee reports on tax, general appropriations and reapportionment bills must be printed and distributed before midnight due to the 48-hour lay-out rule (137th Day).
  • May 27, 2017 - In the House, all conference Committee reports must be printed and distributed by midnight due to the 24-hour layout rule. In the Senate, all conference committee reports must be printed and distributed (other than those required to be printed the 137th day) before midnight due to the 24-hour lay-out rule (138th Day).
  • May 28, 2017 - Last day for the House to adopt conference committee reports and to discharge conference committees and adopt Senate amendments. Last day for Senate to adopt conference committee reports or concur in House amendments (139th Day).
  • May 29, 2017 - Corrections only in the House and Senate. Last day of the session with midnight deadline to adjourn Sine Die (140th Day).

STATE WEBSITES

Additional information can be obtained via the Senate, House, and Capitol websites:
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