Tarrant Regional Transportation Coalition
The bill filing deadline is March 13. If the current pace continues, more bills will be filed this session than during the 80th Session. To date the House and Senate have filed 4216 bills.
The Local Option Transportation Act (HB 9 / SB 855) is the region’s highest priority bill this session. Tentatively SB 855 is slated to be heard in the Senate Transportation and Homeland Security Committee March 18. Letters to Senator John Carona in support of SB 855 would be helpful.
Securing incentive funding for emerging research universities is also a priority of the region this session. HB 51 (Branch) & SB 9 (Zaffirini) are the relevant bills. HB 51 will be heard March 11 in House Higher Ed. Letters of support to Representative Dan Branch would be helpful.
House Transportation Committee
8:00am Tuesday, March 10, E2.014
Will hear 11 bills dealing with inattentive driving, primarily related use of cell phones of PDAs.
Senate Committee of the Whole Senate
9:00am Tuesday, March 10, Senate Chamber
SB 362 (Fraser, et al.) requiring voters to present proof of identification
Senate Transportation & Homeland Security Committee
7:30am Wednesday, March 4, E1.016
NOTE: Will be cancelled if the Tuesday Committee of the Whole goes beyond 10:00pm
SB 488 (Ellis, et al.) establishes safe driving parameters for use in the vicinity of a vulnerable road user (pedestrian, jogger, road worker, stranded motorist, etc.)
SB 626 (Carona) establishes a new department of vehicles and moves to the department functions of TxDOT dealing with vehicles including automobile burglary and theft prevention, motor carriers, motor vehicle board and vehicle titles and registration.
House Ways & Means Committee
10:30am or upon adjournment Wednesday, March 11, E2.010
HB 637 (Guillen) authorizes a taxing unit governing body to adopt a local option residence homestead exemption from ad valorem taxation of not less than $5,000 or more than $30,000 and HJR 40 proposes a constitutional amendment for such authorization.
HB 1000 (Bolton) doubles the eligible amounts of residence homestead exemptions from ad valorem taxation and instructs the chief appraiser to adjust the exemption amount in proportion to the annual adjustment in appraised value of the property and HJR 50 proposes a constitutional amendment to permit same.
HB 1092 (Parker) authorizes voters of a county to allow county and any municipal ad valorem taxes to be imposed on real property (except ag and timber land) on the basis of a five-year average taxable value and HJR 55 proposes a constitutional amendment authorizing the legislature to permit same.
HB 209 (Bohac, et al.) effectively lowers the cap on the annual increase in appraised value of a residence homestead from 10% to 5% by saying property can only be reappraised every other year and that the appraised value cannot be increased in a year in which the property is not reappraised.
HB 1037 (Paxton, et al.) allows persons acquiring a new residence homestead to receive an advorem tax exemption on the homestead in the year in which the property is acquired.
HB 1038 (Paxton, et al.) prohibits the chief appraiser from excluding as a consideration of market value comps on neighborhood residence property that was sold at a foreclosure sale within the preceding three years or that lost value due to a declining economy.
House Higher Education Committee
2:00pm or upon final adjournment Wednesday, March 11, E1.014
HB 51 (Branch) regarding funding and other measures to support emerging public research universities in developing and maintaining programs of the highest tier. and other measures to support emerging public research universities in developing and maintaining programs of the highest tier.
House Environmental Regulation Committee
House Energy Resources Committee
2:00pm Wednesday, March 11, E1.004
The committees meet in joint session to hear invited testimony on carbon issues.
81st Texas Legislature
Selected Bills of Interest
Priority Transportation Bills
SB 855 (Carona) & HB 9 (Truitt) authorize Austin, DFW and San Antonio counties to impose transportation taxes and fees if approved by county voters, the revenue from which may be used to fund mobility services and projects including passenger rail, transit, roadway, and freight rail:
- an indexed county tax on the sale of motor vehicle fuel, not to exceed $0.10 per gallon
- a local option mobility improvement fee, not to exceed $60 per vehicle per year
- a parking regulation and management fee, not to exceed $2 per day per vehicle
- an annual motor vehicle emissions fee, not to exceed $15
- a driver’s license renewal fee, with the county fee equivalent to the state fee
- a new resident roadway impact fee, not to exceed $250.
SJR 24 (Carona) & HB 9 (Truitt) propose a constitutional amendment to permit the use of vehicle registration fee and motor fuel tax revenues to fund rail and transit.
SB 216 (Carona) & HB 1047 (Deshotel) & SB 746 (Wentworth) eliminate statutory authority for using monies in the state highway fund to police the state highway system and limits the use of such monies to improve the state highway system or mitigate environmental effects of highway maintenance or construction, beginning September 1, 2011.
SB 217 (Carona) indexes the tax rate on gasoline and diesel fuel to the producer price index for highway and street construction published by the U.S. Department of Labor, adjusts the combined rate of the state and federal fuel tax up or down in October of each year according to the change in the producer price index for the preceding year not to exceed five percent.
SB 263 (Carona) & HB 2116 (Pickett) authorize the Texas Transportation Commission to issue $5 billion in general obligation bonds to fund state highway improvement projects (enabling legislation for Proposition 12 approved by the voters November 2007).
SB 383 (Carona) & HB 564 (McClendon) reallocate $200 million annually in motor vehicle sales tax revenue from the General Revenue Fund to the Rail Relocation and Improvement Fund.
SJR 8 (Carona) proposes an amendment adding Section 7-c to Article VIII of the Texas Constitution permitting the Legislature by general law to authorize the comptroller to automatically adjust the rates of taxes imposed on motor fuels.
SJR 9 (Carona) proposes an amendment to the Texas Constitution rewording Article VIII Section 7-a to direct the use of 75% of the net proceeds of the motor fuels tax revenue to highway maintenance and construction and adding Section 7-c to permit the Legislature by general law to authorize the comptroller to automatically adjust the rates of taxes imposed on motor fuels.
HJR 13 (Leibowitz) & HJR 89 (Paxton) propose an amendment to Article VIII, Section 7-a of the Texas Constitution dedicating, subject to legislative appropriation, 3/4 of net revenue derived from motor fuel taxes to the construction of public highways; permits the continuing use of vehicle registration fee for roadway maintenance and policing of public roadways.
HJR 54 (Deshotel) & SJR 22 (Wentworth) proposes an amendment to Article VIII Section 7-a of the Texas Constitution to eliminate policing of public roadways as an allowable use of revenues from the vehicle registration fee and motor fuels tax beginning September 1, 2011.
Priority Clean Air Bills
SB 16 (Averitt) extends the TERP from 2015 to 2019, extends from 5 to 14 days the time period for counties to make payments to dealers under the LIRAP, extends the definition of advanced clean energy projects to include a project that captures at least 50 percent of the carbon dioxide in the fuel being combusted and sequesters that carbon dioxide through methods that include geologic storage, adds a new technology implementation grant program, adds a plug-in hybrid motor vehicle rebate program, adds an energy-efficient appliance purchase incentive program, requires participation in the development of a greenhouse gas registry, and makes other amendments to clean air programs.
HB 470 (Hartnett) and SB 368 (Carona) amend the Transportation Code to strengthen provisions governing persons who provide motor vehicle inspection services. Substituted, heard and left pending in House Transportation Committee Mar 3.
HB 650 (Rodriguez) amends Chapter 382 of the Health and Safety Code (Clean Air Act) to add a definition for “alternative fuel motor vehicle” and to make several modifications to the Low-Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program.
HB 776 (Strama) & SB 119 (Ellis) directs TCEQ to implement a low emission vehicle program consistent with the California Low-Emission Vehicle program for motor vehicles with a model year of 2012 or later
HB 1427 (Bohac) exempts from the motor fuels tax fuel ethanol derived from cellulosic biomass and blended with gasoline
HB 1909 (Button) & HB 1920 (Kent) require year-round enforcement of the rule limiting motor vehicle idling and lower the weight of vehicles covered by the rule to 6,000 pounds.
HB 2174 (Tuitt) & SB 1467 (Wendy Davis) allow a governmental agency procuring goods or services that involve the production of cement to give preference to goods or services of a vendor that demonstrates that the cement was produced from a portland cement kiln that: utilizes a dry raw material feed precalciner pyroprocessing technology and meets or exceeds regulatory requirements for emissions of nitrogen oxide.
HB 2175 (Truitt) & SB 1466 (Wendy Davis) amend the Transportation Code to require purchase of certain cement for use in the DFW-area TxDOT districts–cement produced from a portland cement kiln that utilizes a dry raw material feed precalciner pyroprocessing technology and meets or exceeds regulatory requirements for emissions of nitrogen oxide
HB 2355 (Kent) permits cities, counties and school districts to implement procurement policies with respect to the purchase of cement relating to the cement manufacturing processes and the air contaminant emissions associated with the manufacture of the cement.
SB120 (Ellis) eliminates the sales and use tax on plug-in electric motor vehicles and plug-in hybrid electric motor vehicles and reduces by 50% the sales and use tax on hybrid motor vehicles.
SB 483 (Seliger) provides incentives to encourage the development of large-scale clean coal power generation facilities in Texas, facilities that utilize integrated gasification combined cycle (”IGCC”) technology and are capable of sequestering a minimum of 60 percent of the carbon dioxide (CO2) they produce.
SB 732 (Mike Jackson) provides a franchise tax credit for employers that execute an agreement with employees to telecommute at least 24 hours per work week.
SB 760 (Wendy Davis) requires TCEQ to select a dry process cement kiln stack in a nonattainment or a near nonattainment area for the purpose of a pilot test to determine the effectiveness of a selective catalytic reduction technology as an advanced control technology for reducing the nitrogen oxides emissions from the cement kiln stack.
SB 1425 (Williams) directs TCEQ to establish a clean fleet program and an alternative fueling facilities program and allocates a portion of the Texas Emissions Reduction Plan (TERP) funding to the new programs.
Priority Economic Development Bills
HB 51 (Branch) adds a new subsection to the appropriations section of the Higher Education Coordinating Board chapter of the Texas Education Code establishing a program to advance emerging research universities and requiring the coordinating board to recommend appropriate funding levels to support the program.
HB 59 (Branch) authorizes the board of regents of the University of North Texas System to establish and operate a law school in the city of Dallas financed with the issuance of up to $30 million in bonds upon receipt of accreditation of the law school not later than January 2012. Substituted, heard, testimony taken and left pending in House Higher Education Committee Mar 4.
SB 9 (Zaffirini) sets forth guidelines for financial support and incentives for the development of national research universities and high-quality comprehensive regional universities and establishes the Texas Research Incentive Program (TRIP) for emerging research universities.
SB 956 (West) authorizes the board of regents of the University of North Texas System to establish and operate a law school in the city of Dallas financed with the issuance of up to $30 million in bonds. Substituted, heard, testimony taken and left pending in Senate Education Committee Mar 3.
Transportation Bills of Potential Interest
HB 11 (Leibowitz) & HB 1253 (Bohac) repeal authority for the establishment and authorization of the Trans Texas Corridor.
HB 12 (Leibowitz) establishes a 15-member Texas Transportation Commission with 14 members elected from geographic districts and one elected statewide (the chair), first elected in November 2012.
HB13 (Leibowitz) removes conditions under which TxDOT may operate a facility as toll road.
HB14 (Leibowitz) removes TxDOT’s exemption from statewide contract management provisions of the Government Code for contracts relating to highway construction and engineering.
HB 15 (Leibowitz) prohibits a member of the policy board of a metropolitan planning organization from voting on construction of a new toll project or the conversion of a nontolled project to a toll project unless the member is an elected official.
HB 169 (Todd Smith) & SB 298 (Carona) authorize law enforcement agencies to establish a checkpoint on a street or highway to determine if persons are driving while intoxicated. Heard, testimony taken, left pending Mar 4 in Senate Transportation & Homeland Security Committee.
HB 565 (McClendon) establishes a rail division within TxDOT and replaces the Texas Transportation Commission and the TxDOT Executive Director with a Commissioner of Transportation, an elected state official commencing January 2011 following election November 2010 to a four-year term.
HB 575 (Sheffield) and SB 713 (Carona) prohibit the use of trip data from a transponder used to electronically assess or collect a toll to prosecute an offense in which vehicle speed is an element.
HB 641 (Zerwas) replaces the Texas Transportation Commission with a Commissioner of Transportation, an elected state official commencing January 2011 following election November 2010 to a four-year term.
HB 644 (Zerwas) substantially reduces diversion of transportation funds by prohibiting use of state highway fund monies by the Department of Public Safety and numerous other agencies.
HB 1086 (Harper-Brown) repeals the Aug 31, 2011 expiration date of Transportation Code Sec 228.0111 that establishes the market valuation process and gives primacy to the local toll project entity for developing toll projects.
HB 1101 (Vo) requires the Texas Transportation Commission by rule to provide for review of the economic impact of the department’s transportation projects on businesses located in the area of a project and specifies minimum content of the rule.
HB 1208 (McClendon) directs the deposit of franchise tax payments by a rail carrier and sales and use tax payments from the purchase of taxable items by a rail carrier to the Texas Rail Relocation and Improvement Fund.
HB 1254 (Calegari) requires flashing lights to be posted before an intersection at which a photographic system is used to enforce compliance with traffic-control.
HB 1279 (McClendon) allocates a portion of unclaimed lottery revenues to the Texas rail relocation and improvement fund.
HB 1280 (McClendon) amends the Government Code to permit the Texas Enterprise Fund to make grants to TxDOT for rail projects and amends the Transportation Code to permit TxDOT to use such general revenue proceeds for rail projects.
HB 1439 (Bolton) prohibits a toll project entity from financing any part of a toll project with county or municipal bond proceeds unless such use of the proceeds was specifically listed in the proposition for the authorization to issue the bonds.
HB 1557 (Wayne Smith) extends by two years the moratorium on comprehensive development agreements and the exemptions from the CDA moratorium.
HB 1674 (Villarreal) authorizes Bexar County to impose transportation taxes and fees if approved by county voters, the revenue from which may be used to fund mobility. services and projects including passenger rail, transit, roadway, freight rail, sidewalks, hiking trails, and biking trails:
- a county motor vehicle registration fee, not to exceed $150;
- a mileage fee based on the amount of miles traveled by a motor vehicle registered to a county resident, not to exceed one cent per vehicle mile traveled;
- an annual graduated fee based on the classification of motor vehicles by cubic inches of cylinder displacement, not to exceed $350;
- an annual mitigation fee based on the environmental impact of emissions from a motor vehicle operated by a county resident, not to exceed $250;
- a fee on a driver ’s license issued to a county resident, not to exceed $50; and
- a roadway impact fee for the initial registration in the county of a motor vehicle previously registered in another state or county, not to exceed $250.
HB 2224 (Leibowitz), HB 2418 (McClendon), & SB 1382 (Carona) direct TxDOT to prepare and update annually a long-term plan for passenger rail service including a description of existing and planned systems, existing and projected ridership, and an analysis of potential interconnectivity difficulties; require TxDOT to coordinate with other entities involved with passenger rail systems and to coordinate activities regarding planning, construction, operation and maintenance of a statewide passenger rail system.
HB 2489 (Harper-Brown) reallocates revenue from the motor vehicle sales tax from the general revenue fund to the state highway fund incrementally beginning with 50 percent in the fiscal year ending August 31, 2010 and extending to 100 percent in and after the fiscal year ending August 31, 2013.
HB 2533 (Bonnen) requires TxDOT to incorporate into contracts awarded for highway construction projects a schedule for liquidated damages to be paid by a contractor to business entities located in a project area that are adversely affected by project completion delays.
HB 2557 (Harper-Brown) prohibits the Texas Transportation Commission from requiring that each highway or other mobility project that is proposed, in development, or under construction be evaluated for tolling.
HB 2589 (Pickett) sets the number of TxDOT districts at 25, eliminates the ability of the transportation commission to reduce the number of districts, conforms TxDOT district boundaries to the boundaries of councils of government, sets forth provisions for rural planning organizations to carry out transportation planning functions, requires the TxDOT Chief Financial Officer on September 1 of every odd numbered year to issue a ten year cash flow forecast for each method and category of funding for transportation projects with the first two years conforming to TxDOT’s appropriation in the general appropriations act, requires the commission to allocate funding to districts in accordance with the cash flow forecast, requires the planning organization to develop a ten year transportation plan utilizing the funding allocated to the regions with the first four years becoming the TIP, requires TxDOT to compile the region’s project selections to develop the statewide transportation plan, mandates that MPOs and rural planning organizations select projects and order them in priority, requires the process for developing plans and programs to consider all modes of transportation and to be continuing, cooperative, and comprehensive, mandates that TxDOT use the planning organizations’ project lists to create the statewide transportation program and budget, authorizes the commission to adopt rules that allow a region to loan funds to another region at the lending region’s discretion in order to avoid the lapsing of federal appropriations authority, requires the statewide transportation program and budget to be organized by region, by mode, and by year and to be posted online, requires the commission with local input to adopt rules creating funding formulas for transportation projects, mandates all discretionary funds received by TxDOT including toll revenues be allocated to regions based on performance criteria, sets limits for metropolitan and rural planning and operations budget allocations, requires TxDOT to develop an interactive web based system for tracking regional allocations and projects; requires TxDOT to develop standardized reports to track the efficiency of project development to ensure prudent use of funds by the region, mandates that the system be linked to a publicly accessible website enabling the tracking of project development and expenditure of funds and including a map identifying project locations, requires TxDOT to develop a ten year business work plan including key milestones for projects listed by fiscal quarter, mandates that TxDOT develop and utilize performance measures and lists 28 items that must be measured and reported publicly, establishes a ten member legislative oversight committee and specifies what the committee shall monitor, requires the commission to employ and inspector general and specifies responsibilities that the inspector general shall carry out, requires that at least 50 percent of an MPO board be made up of elected officials in order for the MPO to receive a funding allocation.
SB 1417 (Shapiro) is similar to HB 2589.
HB 2613 (Heflin) increases from $7.5 million to $15 million the amount of gasoline tax revenue allocated to the county and road district highway fund
HB 2639 (Isett) prohibits a local authority from using an automated traffic control system to enforce compliance with speed limits or a traffic-control signal on streets or highways within its jurisdiction.
HB 2701 (Dunnam) replaces the Texas Transportation Commission with an elected commissioner of transportation, a statutory state officer serving a four year term beginning in November 2010; sets forth the commissioner’s power and duties; establishes a rail division within TxDOT.
HB 2736 (Kokhorst) amends the Transportation Code to require that comprehensive development agreements in which a private entity will operate a toll project and receive toll revenues be reviewed and signed by the Attorney General for legal sufficiency and the Comptroller for financial viability and signed by the Commissioner of Transportation.
HJR 13 (Leibowitz) proposes an amendment to Article VIII Section 7-a of the Texas Constitution to limit the use of 75% of the net proceeds of the motor fuels tax revenue to highway construction
SB 17 (Nichols) amends Transportation Code sections governing comprehensive development agreements
SB 220 (Nichols) & HB 1438 (Bolton) limit the Texas Transportation Commission’s ability to convert a highway to a toll road and delete the subsections from the Transportation Code that were enacted to clearly permit managed lanes. Heard and left pending in Senate Transportation & Homeland Security Committee Mar 4.
SB 293 (Carona) & HB 2738 (Alonzo) amend the Transportation Code to eliminate a language inconsistency, to permit DART to pledge revenues to debt service and to clarify that operations costs and expenses do not constitute a first lien on agency revenues. Heard and considered in Senate Transportation & Homeland Security Committee Mar 4.
SB 294 (Hinojosa) & HB 1716 (Gonzalez Toureilles) raise the optional county road and bridge fund fee from $10 to $15 and authorizes the commissioners courts of certain border counties to impose an additional $50 registration fee for long-term transportation projects.
SB 384 (Carona) & HB 2142 (McClendon) amend the transportation code to allow TxDOT to provide public information on the status of toll road projects but not to engage in marketing or advertising to influence public opinion about use of toll roads or use of tolls as a financial mechanism. Heard, testimony taken and left pending Mar 4 in Senate Transportation & Homeland Security Committee.
SB 404 (Carona) extends for six years the period of time during which certain toll project entities may enter into a comprehensive development agreement.
SB 488 (Ellis, Carona) & HB 827 (Harper-Brown) establishes safe driving parameters for use in the vicinity of a vulnerable road user (pedestrian, jogger, road worker, stranded motorist, etc.)
SB 502 (Carona) authorizes TxDOT to enter an agreement to provide funds to a state or federal agency to expedite the agency’s performance of its duties related to the environmental review process for a transportation project of the department.
SB 505 & SJR 18 (Ogden) authorizes the Transportation Commission, subject to legislative review and approval, to designate an area adjacent to a state highway project as a transportation finance zone, to deposit in the Texas Mobility Fund state sales tax receipts from within the zone, and to use the funds only to retire debt incurred to develop the adjacent state highway.
SB 612 (Shapleigh) amends and expands sections of the Transportation Code regarding TxDOT’s roles and authority with rail transportation.
SB 626 (Carona) establishes a new department of vehicles and moves to the department functions of TxDOT dealing with vehicles including automobile burglary and theft prevention, motor carriers, motor vehicle board and vehicle titles and registration.
HB 1549 (McClendon) similar to SB 626
SB 882 (Carona) & HB 2334 (Geren) prohibis NTTA from providing financial security for the performance of its toll collections services if it determines that providing such security could restrict the amount, or increase the cost, of bonds or other debt obligations it may subsequently issue or if it is not reimbursed its cost of providing the security; clarify that NTTA has specified powers also provided HCRTA, TxDOT, and RMAs; empower NTTA to provide a stipend to unsuccessful proposers on a design-build project; allow NTTA to prohibit operation of motor vehicle on its turnpikes for failure to pay fines, fees or tolls; prohibits a local governmental entity in a county that is part of NTTA from owning, constructing, maintaining or operating a toll project unless the local governmental entity and NTTA enter into a written agreement specifying the terms and conditions under which the project will be undertaken; authorize NTTA to provide for administrative adjudication of violations.
SB 883 (Carona) amends the Transportation Code to prohibit TxDOT from pledging or encumbering money deposited in the state highway fund to guarantee a loan obtained by public or private entity for costs associated with a toll facility of the entity or to insure bonds issued by a public or private entity for costs associated with a toll facility of the entity.
SB 896 (Shapleigh) repeals Transportation Code Chapter 708, the Driver Responsibility Program.
SB 898 (Shapleigh) expands the purposes of a municipal transportation reinvestment zone to include enhancing a municipality’s ability to provide for freight or passenger rail facilities or systems.
SB 942 (Wentworth) amends the Transportation Code, changing the road utility districts subtitle to local transportation infrastructure funding options, adding a new chapter entitled county options for funding transportation infrastructure and services, and providing that counties, by commissioners court order or by citizen vote, may impose a county gasoline and diesel fuel tax up to four cents per gallon, a county motor vehicle sales tax up to 1.75 percent, an additional county sales and use tax up to one half percent, a real estate transfer fee, an additional vehicle registration fee up to ten dollars, a passenger motor vehicle sales fee, or a miscellaneous fee (road impact fee up to $100, nonresident commuter fee, mileage-based road user fee, additional inspection fee up to $10, congestion fee during peak travel times).
SB 970 (Seliger) eliminates the requirement that the Executive Director of TxDOT be a professional engineer.
SB 1233 (Wendy Davis) requires toll revenue collected from a toll project in DFW to be deposited in an account designated by the MPO rather than in the state highway fund and permits TxDOT to distribute money to the MPO for projects rather than only to projects directly.
SB 1234 (Wendy Davis) amends the Transportation Code to require the Texas Transportation Commission to authorize the use of surplus revenue of a toll project to pay the cost of a transportation or air quality project in the region instead of the district in which the toll project is located.
SB 1272 (Carona) & HB 2420 (McClendon) provide for exemption from sales and use and ad valorem taxes of high speed rail facilities for up to 50 years. SJR 16 (Carona) & HJR 82 (McClendon) propose a constitutional amendment empowering the Legislature to authorize the tax exemptions.
SB 1350 (Carona) establishes a Texas Transportation Revolving Fund to make loans, provide credit enhancement, serve as reserve fund, provide capitalized interest, provide payment guarantees, and issue revenue bonds to cities, counties, and other public or private entities for transportation projects
SB 1351 (Carona) changes the term of a member of the Texas Transportation Commission from six years to two years and requires advice and consent of the Texas Senate for reappointment.
SB 1353 (Carona) amends the Transportation Code regarding contract provisions in comprehensive development agreements to (a) permit a toll project entity to enter into a revenue sharing agreement with a private participant and (b) prohibit a toll project entity from accepting an up front concession payment
SB 1383 (Carona) establishes a Texas Local Participation Transportation Program administered by the Texas Comptroller, creates the Texas local participation fund as a dedicated account in the general revenue fund, prescribes that an eligible project from local project sponsor may receive no more than 50 percent of its cost from the fund, and provides that the fund is composed of money transferred to the fund at the direction of the legislature, gifts and grants contributed to the fund, interest and earnings received from investments of money in the fund, and money repaid by a local project sponsor under a loan made under this subchapter.
SJR 25 (Harris, Shapiro) proposes a constitutional amendment adding Sec 7-c to Article 8 restricting the use of toll revenue not dedicated to debt retirement to acquisition, construction, operation, maintenance, or improvement of transportation projects.
SJR 26 (Wentworth) proposes a constitutional amendment authorizing the Legislature by general law to permit counties to impose a local motor fuels tax and an additional vehicle registration fee to be used for transportation purposes.
Eminent Domain Bills of Potential Interest
HB 4 (Orr) and SB 533 (Duncan) sunset certain eminent domain authority, establish new disclosure requirements in the exercise of eminent domain authority, limit the use of eminent domain for economic development and private benefit, establish new procedural requirements for use of eminent domain authority, and provide a right of repurchase.
HB 402 (Woolley) & HB 1483 (Pitts, Kuempel, Geren) prohibits the use of eminent domain to take private property if the taking is not for a public use; permits an owner to construct a road over an easement taken with eminent domain; requires approval by a public vote of a government body to initiate condemnation proceedings; requires a bona fide offer to purchase a property voluntarily before initiating condemnation; makes diminished access a compensable damage in determining value; restricts a utility from using condemnation to acquire property for water; makes the provision of relocation advisory services and payment of moving expenses requirements rather than options; requires an offer to resell to the private owner for the original price at the time of condemnation if a project is not under construction or in operation within ten years of condemnation.
HJR 14 (Corte) proposes a constitutional amendment requiring that compensation for eminent domain be just and that the state or political subdivision must prove by clear and convincing evidence that the contemplated use of the property is public and necessary at the time of the taking.
HJR 31 (Anderson) proposes a constitutional amendment prohibiting the use of eminent domain to take property if the primary purpose of the taking is for economic development or to benefit a particular private party.
SB 18 (Estes) similar to HB 2006 passed by the 80th Texas Legislature and vetoed by the Governor, redefines public use and creates a truth in condemnation act that requires good faith negotiations and compensation for economic loss including diminished access.
SB 219 (Nichols) proposes a constitutional amendment to prohibit the use of eminent domain to acquire property for recreational uses.
SB 1023 (Ogden) sets out requirements for use of eminent domain and requires a condemning entity to use least intrusive means of accessing property when it acquires less than a fee simple interest in the property.
Appraisal / Revenue Cap Bills of Potential Interest
HB 17 & HJR 12 (Leibowitz), HB 700 & HJR 42 (Zerwas), HB 711 & HJR 44 (Rose), HB 1018 & HJR 51 (Betty Brown) lower the cap on the annual increase in appraised value of a residence homestead from 10% to 5%.
HB 46 & HJR 15 (Riddle) provide for a local option election to set the maximum annual increase in appraised value of a residence homestead at a percentage rate not less than 3% nor more than 10% as determined by the county commissioners court.
HB 127 & HJR 21 (Callegari) lower the cap on the annual increase in appraised value of a residence homestead from 10% to 5%.
HB 209 (Bohac) effectively lowers the cap on the annual increase in appraised value of a residence homestead from 10% to 5% by saying property can only be reappraised every other year and that the appraised value cannot be increased in a year in which the property is not reappraised.
HB 1211 & HJR 61 (Charlie Howard) reduces from 10% to 5% the annual appraisal cap on a residence homestead for ad valorem tax purposes.
HB 1576 (Isett) lowers the rollback rate from 8 percent to 3 percent; requires voter approval (ratification rather than rollback) for a taxing unit other than a school district to adopt a tax rate that exceeds the rollback rate.
SB 218 & SJR 10 (Nichols) lower the cap on the annual increase in appraised value of a residence homestead from 10% to 5% and permit the commissioners court of a county to call an election for the voters to decide if it should be increased by a specific percentage not to exceed 5% (back to the current 10% limit or some percentage between 5% and 10%).
SB 276 (Patrick) effectively lowers the cap on the annual increase in appraised value of a residence homestead from 10% to 5% by saying property can only be reappraised every other year and that the appraised value cannot be increased in a year in which the property is not reappraised.
SB 299 & SJR 13 (Patrick) lower the cap on the annual increase in appraised value of a residence homestead from 10% to 5%.
SB 700 (Patrick) and HB 1575 (Isett) provides property tax relief – requires appraisal based upon actual use as opposed to highest and best use, lowers the rollback trigger rate from 8% to 5%, requires a ratification election to adopt a proposed rate above a 5% increase as opposed to a repeal election on an adopted rate above a 5% increase, requires an appraisal district in a county of 500,000 or more to provide specific data and forms electronically.
Energy Conservation & Renewable Energy Bills
HB 346 (Straus) & HB 2338 (Villarreal) provide an incentive for advancing energy efficiency in the form of a sales tax rebate for purchases of services and facilities that qualify for EPA’s Energy Star designation.
HB 695 (Anchia) directs TCEQ to establish rules governing a low interest loan program administered by electric utilities to promote energy efficiency improvements in apartment buildings.
HB 797 (Lucio) exempts from the motor fuels tax fuel ethanol derived fro cellulosic biomass and blended with gasoline.
HB 880 & HJR 47 (Strama) exempts from ad valorem taxation the value of energy efficiency-related improvements permanently affixed to the property.
HB 992 (Rodriguez) allows a taxable entity a franchise tax credit equal to 50 percent of the net cost of a renewable energy generation project.
HB 1391 (Strama) adds Chapter 391 to the Health and Safety Code allowing cities and counties to establish emission management special districts to finance renewable energy systems and energy efficiency improvements.
HB 1431 (Bohac) exempts from the sales tax renewable energy technology and any component of or repair or replacement part of that technology.
HB 1652 (Ortiz) prescribes that at least 20 percent of grants from the Texas Enterprise Fund be for the establishment and expansion of enterprises that promote alternative energy sources or energy efficiency technologies and that at least 30 percent of the amounts allocated from the Texas Emerging Technology Fund be used for initiatives that promote alternative energy sources or energy efficiency technologies.
HB 1646 (Burnam) establishes new demand reduction targets for electric utilities and creates an office of energy efficiency deployment in the state energy conservation office.
HB 278 (Anchia) & SB 427 (Shapiro) require electric utilities to offer incentives for distributed generation (power generation on the customer side of the meter), set a goal of 2,000 megawatts of renewable distributed generation by 2020 and 1,000 megawatts by 2015.
HB 1553 (Burnam) & SB 988 (Ellis) requires 14 state agencies to prepare and publish on the internet by September 1 each year a climate adaptation plan and assessment relative to their respective roles.
HB 1751 & HJR 72 (Leibowitz) exempt from ad valorem taxation a renewable energy device, structure, facility, or system installed or constructed on residential property, land designated for agricultural use, or open-space land devoted to farm or ranch purposes for the generation of energy for use in connection with the property.
HB 1777 (Deshotel) & SB 380 (Van de Putte) create a loan program to encourage the use of cleaner hydrogen fuel. HJR 73 (Deshotel) & SJR 17 (Van de Putte) authorize the issuance of general obligation bonds to provide and guarantee loans to encourage the use of hydrogen as a cleaner fuel source.
HB 1731 (Pitts) advances the consumer incentive program for alternatively fueled appliances or equipment by directing TCEQ to make available for rebates during a fiscal year the entire amount of money made available for rebates during the preceding fiscal year that was not spent during the preceding fiscal year.
HB 1937 (Villarreal) adds a chapter to the Local Government Code to permit municipalities to finance the cost of energy efficiency public improvements and assess property owners the cost of the improvements provided that the owners voluntarily agree to the assessment.
HB 1991 (Anchia) requires money from the Texas emerging technology fund during the Sept 2009-Aug 2011 biennium not used for fund administration or biotechnology, medicine or life sciences be used for research and development of low carbon fuels, carbon emissions mitigation strategies, and low carbon electric generation technologies including energy efficiency, renewable energy, and electricity storage.
HB 2184 (Leibowitz) provides for a franchise tax credit to a homebuilder who builds new single family or two family houses that exceed the energy efficiency standards of the state energy code
HB 2194 (Christian) updates the state goals for generating capacity from renewable energy technologies and requires the commission to adopt rules establishing a minimum annual renewable energy requirement, including a minimum annual requirement for the installation of generating capacity from renewable energy technologies other than wind energy technologies for each retail electric provider.
HB 2210 (Anchia) lists numerous appliances and products, requires the comptroller in consultation with the state energy conservation office to adopt rules establishing minimum efficiency standards for the listed appliances and products, defers to the Energy Star standard where one exists, sets some energy standard parameters, and prohibits the sale of products not in compliance with the new standards following one year from the date the standard is set.
HB 2226 (Parker) exempts from the sales tax non-commercial solar and wind energy devices sold during the last three days of May
HB 2520 (Swinford) sets new goals for electric generating capacity derived from emerging renewable energy resources.
HJR 75 (Villarreal) proposes a constitutional amendment permitting a municipality to exempt from ad valorem taxation a portion of the market value of a residence homestead if it meets energy efficiency standards prescribed by the local governing body.
SB 542 (Watson) requires money from the Texas emerging technology fund to be used for research and development of clean energy from September 2009 through August 2011.
SB 546 (Fraser) extends the state goal for energy efficiency by setting new targets to achieve by 2010 and 2015 – electric utilities shall provide incentives to enable customers to achieve energy efficiencies equivalent to at least 30 percent of the utility’s annual growth in demand by December 31, 2010 and 50% by December 31, 2015.
SB 601 (Van de Putte) amends the state goals for electric utility incentives with revised targets to improve customer energy efficiencies.
SB 620 (Shapleigh) amends Sections 39.904 (a) and (o) of the Utilities Code to increase the state’s goal for non-wind renewable electric generating capacity.
SB 631 (Wendy Davis) establishes a loan incentive program to promote energy efficiency in apartment buildings.
SB 878 (Wendy Davis) amends the Government Code to require that at least 20% of the amount of grants made from the Texas Enterprise Fund be to establish and expand enterprises in Texas that have as their primary purpose the provision of energy derived from renewable energy technology.
SB 975 & SJR 28 (Ellis) establishes a loan program for businesses, state agencies, higher ed institutions and political subdivisions to use renewable energy technology and make energy efficiency improvements and proposes a constitutional amendment authorizing the issuance of general obligation bonds up to $1 billion for the loan program.
SB 1419 (Lucio) set new, higher goals for generating capacity from renewable energy technologies.
SB 1423 (Huffman) set new, higher goals for generating capacity from renewable energy technologies.
Solar Energy Bills
HB 1140 (Truitt) allows a franchise tax credit for the purchase and installation of solar energy devices connected to an electric transmission or distribution system.
SB 236 (West) prevents property owners associations from restricting solar installations.
SB 599 (Van de Putte) exempts from sales tax all equipment used in the production of solar energy.
SB 598 (Van de Putte) creates a loan program for schools to install solar panels.
SB 545 (Fraser) requires electric utilities to offer incentives to customers to install solar panels, imposes a 10-cent per month fee on residential customers to pay for the incentive.
SB 600 (Van de Putte) adds solar technology to a program requiring utilities to invest in helping reduce their electricity consumption, sets targets for the amount of solar capacity: 200 megawatts by 2011, 500 by 2013 and 1,500 by 2019.
SB 601 (Van de Putte) requires electric utilities to help build an infrastructure of service providers to work on renewable energy systems for homes and businesses, requires utilities to offer efficiency and renewable programs to cut peak demand 0.5 percent by 2012 and one percent by 2015, replacing a requirement for utilities to cut annual demand growth, encouraging solar installations because the sun typically shines during peak demand hours.
SB 619 (Shapleigh) exempts from the sales tax certain solar energy devices.
SB 677 (Shapleigh) requires some builders to offer solar equipment options in new homes
Other Bills of Potential Interest
HB 847 (Martinez) raises the maximum local sales tax rate from two percent to three percent.
HB 994 (Paxton, el al.) limits the rate of growth of appropriations to the lesser of the estimated rate of growth of the state’s economy and a rate equal to the sum of the estimated biennial rate of growth of the state’s population and the estimated biennial rate of monetary inflation (CPI).
HB 1000 and HJR 50 (Bolton) double the allowable residence homestead exemption from ad valorem taxation and annually adjusts the amount by the percentage change in the appraisal value of the property for ad valorem tax purposes.
HB 1092 and HJR 55 (Parker) proposes a constitutional amendment authorizing the legislature to permit the voters of county to allow county and any municipal ad valorem taxes to be imposed on real property (except ag and timber land) on the basis of a five-year average taxable value.
HB 1402 (Villarreal) establishes a select commission on periodic tax review and a joint legislative tax review committee to review each state and local tax every twelve years and make a report with recommendations every even-numbered year to the governor and the presiding officers of the senate finance committee and the house ways and means committee.
HB 1469 (Villarreal) requires the TECEQ and LBB jointly to prepare for each joint resolution and bill, other than the appropriations act, a statement of the effect the proposed change in law would have, if implemented, on the anthropogenic emissions of carbon dioxide in the state.
HB 1735 (Burnam) imposes a graduated income tax from 2 to 6 percent on income that exceeds $100,000 to provide property tax relief and fund public education.
HB 2268 (Corte) prohibits a local government from paying for lobbying or from paying dues to an association or organization that engages in lobbying
HB 2398 (Jim Jackson) raises the state sales tax rate to 7 percent and deposits 3/4 percent into a new education equalization fund for the purpose of equalizing maintenance and operations funding among school districts as determined by appropriation. HJR 81 (Jackson) proposes a constitutional amendment to authorize raising the sales tax for the education equalization fund.
HB 2505 (Kolkhorst) increases the state sales tax rate to 7 percent and allocates revenue from 3/4 percent to the property tax relief fund; makes certain reductions in the rate of the margins tax
HJR 52 (Paxton) proposes a constitutional amendment to require a four-fifths vote of the legislature to enact and submit to the voters a law imposing an income tax or increasing that tax.
HJR 78 (Parker) proposes a constitutional amendment to require a two-thirds vote of the legislature to enact and submit to the voters a law imposing an income tax or increasing that tax.
HJR 84 (Coleman & Farabee) proposes a constitutional amendment allowing a state mandate imposed on a county to have effect only if the state provides. for payment to the county of the cost of the mandate
SB 1151 & SJR 32 (Hinojosa) would increase from 20 to 30 percent the maximum local option residence homestead exemption from ad valorem taxation by a taxing unit.
LAST BILLS REVIEWED
HB 2747 filed 03/06/09
HJR 89 filed 03/06/09
SB 1500 filed 03/06/09
SJR 34 filed 03/03/09
