Tarrant Regional Transportation Coalition
The Local Option Transportation Act (HB 9 / CSSB 855), the region’s highest priority bill this session, was passed to engrossment in the Senate last Wednesday and will be up for third reading and final senate passage Tuesday. Fifteen amendments were attached to the bill during second reading. Counties in three regions were added to the bill–Corpus Christi, the Valley and Waco. A provision was added saying the bill does not take effect unless the Legislature and voters approve a constitutional amendment limiting diversions from the state highway fund. In effect, local option authority is now linked to passage of SJR 9 in addition to SJR 52. Assuming CSSB 855 passes the senate on third reading Tuesday, hearing in House Transportation will be on April 21 at the earliest or more likely on April 28. May 11 is the last day for bills to be reported from House committees.
Two of the region’s high priority economic development bills – SB 9 by Zaffirini and SB 1560 by Duncan & Shapiro – are up for further hearing under pending business in Senate Higher Ed Wednesday. These bills would advance Texas’ seven emerging research universities, including UNT, UTA and UTD, toward national or “Tier One” status.
Here are the bills we are tracking that are scheduled for committee hearing this week:
House Transportation Committee
8:00am Tuesday, April 14, E2.014
HB 2736 (Kohlkorst) 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.
HB 4340 (Parker) authorizes TxDOT to hold money in a subaccount in trust for the benefit of the region in which a project or system is located and may, after any necessary consultation with the metropolitan planning organization, council of governments or a similar planning agency for the region, enter into an agreement or agreements with the municipalities, counties or local governmental entities in the region for the distribution of money to such entities in such region that are authorized to construct, maintain, or operate projects that are eligible for funding with that money.
HB 4643 (Lucio III) prescribe for intersections at which a photographic traffic monitoring systems is in use that the minimum change interval for a steady yellow signal must be the maximum allowable yellow change interval duration in accordance with the Texas Manual on Uniform Traffic Control Devices
Senate Higher Education Committee
7:00am Wednesday, April 15, E1.012
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 1560 (Duncan, Shapiro) requires the Texas Higher Education Coordinating Board to establish specific institutional groupings including emerging research universities and to review the groupings and their criteria biennially; establishes a national research university fund to provide a dedicated, independent, and equitable source of funding to enable emerging research universities to achieve national prominence as major research universities; sets criteria for eligibility to receive distributions from the fund; lists sources with which to capitalize the fund; prescribes that the amount allocated to the eligible institutions shall be based on an equitable formula adopted by the legislature to carry out the purposes of the fund; lists specifically what an eligible institution may use money received from the fund; abolishes the higher education fund and transfers the balance in the fund to the national research university fund subject to approval of the constitutional amendment outlined in SJR 35.
Senate Transportation & Homeland Security Committee
7:30am Wednesday, April 15, E1.016
No tracked bills are scheduled for hearing. It’s likely that bills of interest may be considered under pending business, e.g., SJR 9 proposing a constitutional amendment to limit the use of state highway fund monies by excluding policing of public roadways as a permitted use state highway fund monies, the passage of which is now a requirement for the effectiveness of CSSB 855 (TOLOTA).
House Environmental Regulation Committee
10:30am or upon adjournment Wednesday, April 15, E1.014
HB 776 (Strama, et al.) 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 2174 (Truitt, et al.) 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 2355 (Kent, et al.) 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
HB 3424 (Burnam) directs the TCEQ to require that, after September 1, 2011, a cement kiln that is located in an area designated as a nonattainment area for a national ambient air quality standard under Section 107(d) of the federal Clean Air Act (42 U.S.C. Section 7407) may not emit more than 1.7 pounds of nitrogen oxides for each ton of clinker produced by the kiln from March 1 through October 31 of each calendar year; permits the owner or operator of a cement kiln to apply for and receive funds from the Clean Air Account not to exceed $2,500,000 per kiln until September 1, 2011 to comply with this requirement.
HB 3942 (Truitt) 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.
House County Affairs Committee
2:00pm or upon adjournment Thursday, April 16, E2.026
HB 3089 (Veasey) permits the commissioners court to order any vehicle retired as a requirement of a clean vehicle program to be crushed and if practicable recycled without going through an auction or bid process.
81st Texas Legislature
Selected Bills of Interest
Selected Bills of Interest
Priority Transportation Bills
SB 855 (Carona) & HB 9 (Truitt) – the Texas Local Option Transportation Act – add a new chapter to the Local Government Code to 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.
SB 855 substituted, heard and left pending in Senate Transportation & Homeland Security March 18 & 25. Substitute reported favorably from committee April 2; passed to engrossment with 15 amendments April 8, up for third reading and final passage April 14.
SJR 24 (Carona), HJR 9 (Truitt), HJR 122 (Rodriguez) & SJR 52 (Wendy Davis) propose a constitutional amendment to authorize the legislature by general law to permit counties to assess and collect a local motor fuels tax and an additional vehicle registration fee to be used for mobility improvement projects including rail and transit. SJR 52 heard April 6 in Senate Transportation & Homeland Security and reported favorably as substituted April 8. CSSJR 52 placed on April 14 Senate Intent Calendar.
SB 216 (Carona), HB 1047 (Deshotel), SB 746 (Wentworth) & HB 3561 (Phillips) 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. HB 1047 substituted, heard and left pending in House Transportation March 17; heard March 31 and reported favorably. SB 216 set for hearing April 6 in Senate Transportation & Homeland Security–no action taken.
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. Referred to Senate Transportation & Homeland Security.
SB 263 (Carona) & HB 2116 (Pickett) authorize the Texas Transportation Commission to issue up to $5 billion in general obligation bonds to fund state highway improvement projects (enabling legislation for Proposition 12 approved by the voters November 2007). Zaffirini added as co-author. SB 263 heard March 2 in Senate Finance and left pending. HB 2116 referred to House Transportation.
SB 383 (Carona) & HB 564 (McClendon, Rose) reallocate $200 million annually in motor vehicle sales tax revenue from the General Revenue Fund to the Rail Relocation and Improvement Fund. Referred to Senate Finance and House Ways & Means…no indication that they will be set for hearing.
SB 1923 (Watson) establishes a rail relocation advisory group appointed by the Chair of the Senate Transportation & Homeland Security Committee and the Chair of the House Transportation Committee to advise TxDOT on the implementation and administration of the rail relocation program; requires TxDOT to investigate and report to the LBB any federal matching funds potentially available for funding the program; requires TxDOT to report to the relevant legislative committee chairs by January 1, 2011 the progress made in implementing the program; prescribes that revenue from 17 specifically enumerated fees be credited to the rail relocation and improvement fund to support the program. Wendy Davis added as co-author. Heard March 30 in Senate Transportation & Homeland Security March 30, reported favorably substituted April 6, and placed on April 8 Senate Intent Calendar.
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. Referred to Senate Transportation & Homeland Security.
SJR 9 (Carona) proposes a constitutional amendment to eliminate policing of public roadways as an allowable use of state highway fund revenues after September of 2018. Heard April 6 in Senate Transportation & Homeland Security and left pending.
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 Rail Relocation and Improvement Fund. Referred to House Ways & Means….no indication that it will be set for hearing.
HB 1279 (McClendon) & SB 1649 (Carona) allocate a portion of unclaimed lottery revenues to the Rail Relocation and Improvement Fund. Referred to House Appropriations and Senate Finance….no indication that they will be set for hearing.
HB 3238 (McClendon) applies a portion of revenue derived from oversize and overweight vehicle permits to the Rail Relocation and Improvement Fund. Referred to House Transportation….no indication it will be set for hearing.
HB 3462 (Todd Smith) adjusts the rate of the motor fuel tax in October of each year by an amount that is equal to the producer price index percentage change for the preceding fiscal year multiplied by the combined rate of the state and federal motor fuel taxes on August 1 of that year, sets a $.20/gallon floor and a maximum annual increase of 5 percent, says the state highway fund can no longer be used for policing of roadways, provided a constitutional amendment is approved. Referred to House Ways & Means….no indication it will be set for hearing.
HJR 13 (Leibowitz) & HJR 89 (Paxton, Flynn, Christian) 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. Betty Brown and Kleinschmidt added as co-authors to HJR 89. Referred to House Ways & Means….no indication they will be set for hearing.
HJR 54 (Deshotel) & SJR 22 (Wentworth) propose 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. HJR 54 substituted, heard and left pending in House Transportation March 17; heard and reported favorably March 31. SJR 22 referred to Senate Finance.
HJR 111 (Todd Smith) proposes an amendment to Article VIII Section 7-a & b 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; proposes a constitutional amendment authorizing the legislature to provide for automatic adjustment of the rates of motor fuels taxes. Referred to House Ways & Means….no indication it will be set for hearing.
HJR 113 (Phillips) propose 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. Referred to House Transportation.
Priority Clean Air Bills
CSSB 16 (Averitt) extends the TERP and LIRAP programs from 2015 to 2019; increases the time that a county has to transfer LIRAP funds to an automobile dealer from 5 to 10 business days; allows up to 10% of the diesel emissions reduction incentive program to be used for the new technology implementation program, a portion of which may be set aside for electricity storage projects related to renewable energy and for light-duty plug-in hybrid motor vehicle purchase credits; requires TCEQ to provide grants for eligible projects at facilities or other stationary sources to offset the incremental costs of emissions reductions, eligible projects being advanced clean energy projects, new technology projects with capital costs above $500 million, and electricity storage projects related to renewable energy; provides that grant contracts include a provision allowing recapture of the grant funds if the project does not achieve the reductions set out in the grant application; grants require at least 50% applicant match; preference given to projects that use Texas natural resources, contain an energy efficiency component, or include renewable energy; grant provision expires in 2019; creates a state wide plug-in hybrid motor vehicle rebate ($4,000) program; repeals the statute allowing the use of LIRAP funding for local initiative projects; reduces the percentage of funding for the new technology research and development program by a half percent in order to increase the funding for the administrative costs to TCEQ and to the Energy Systems Lab; redirects a portion of the new technology research and development program (not less than 20% of the 9 percent) from a nonprofit based in Houston (for air quality research) to instead fund the energy efficient appliance purchase incentive program, with the balance being used to implement and administer the new technology research and development program; eases the requirement that new technologies have evidence of commercialization potential to be eligible for a grant; permits SECO to establish the Energy Efficient Appliance Purchase Incentive Program to assist governmental entities in providing incentives to consumers in purchasing energy star appliances and retiring older appliances, such as air conditioners or refrigerators; increases the residential construction code (expanded to include duplexes) to the 2009 version starting January 1, 2012, same for the energy code for residential, commercial and industrial construction; makes conforming repeals; adjusts the expiration date for the provision prohibiting large trucks from idling while sleeping in residential areas to November 1, 2010; provides an exception to weight limits for vehicles equipped with an idle reduction system; requires the comptroller to adopt minimum efficiency standards for various consumer electric products; prohibits sale of in Texas of products not meeting the standards; requires TCEQ, TRRC, and PUC to jointly participate in the federal government process for developing federal greenhouse gas reporting requirements and the federal greenhouse gas registry requirements; requires TCEQ, in permitting a new electric generating facility expected to emit 100 tons per year or more of VOC or NOx, to consider the cumulative effects of the facility’s expected emissions together with other emissions from other permitted facilities that are within a TCEQ specified distance of a nonattainment area; requires SECO by rule to amend the energy code to require new buildings (starting in 2012) to be compatible with plug in hybrids. Heard and left pending in Senate Natural Resources March 19 & 26. Substitute heard, adopted and voted favorably March 31, reported April 6, passed to engrossment with 3 amendments April 8.
HB 56 (Branch, Anchia) makes possession of an inspection certificate that has not been issued for a vehicle a class A misdemeanor if the person posses it with knowledge that the certificate was obtained unlawfully. Set for hearing March 30 in the property crime subcommittee of House Criminal Jurisprudence–withdrawn from schedule.
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. Referred to House Environmental Reg.
HB 776 (Strama, Kent, Farrar) & 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 776 set for April 15 hearing in House Environmental Reg. SB 119 referred to Senate Natural Resources.
HB 797 (Lucio III) & HB 1427 (Bohac) exempts from the motor fuels tax fuel ethanol derived from cellulosic biomass and blended with gasoline. Referred to House Ways & Means.
HB 1909 (Button) & HB 1920 (Kent, Veasey, Hodge) 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. Heard April 1 in House Environmental Reg and left pending.
HB 2174 (Truitt, Pierson) & 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. Todd Smith added as co-author to HB 2174. HB 2174 set for April 15 hearing in House Environmental Reg. Harris & West added as co-authors to SB 1467. SB 1467 heard April 6 in Senate Govt Organization and left pending.
HB 2175 (Truitt, Pierson) & 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. Todd Smith added as co-author to HB 2175. HB 2175 referred to Transportation. SB 1466 heard April 1in Senate Transportation & Homeland Security and left pending.
HB 2355 (Kent, Farrar, Veasey) 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. Burnam, Jim Jackson, Miklos, Pierson, Strama added as co-authors. Set for April 15 hearing in House Environmental Reg.
HB 2770 (Anderson) amends the Health and Safety Code to require the TECEQ to consider in permitting an electric generating facility the cumulative effects on the public’s health and physical property of expected emissions of mercury, sulphur dioxide, nitrogen oxides, and particulate matter from the facility or proposed facility and from other electric generating facilities or proposed electric generating facilities located less than 100 miles from the facility or proposed facility. Referred to House Environmental Reg.
HB 2867 (Strama) directs the TCEQ to establish a plug-in hybrid rebate program; allows a rebate of up to $4,000 for purchase of a plug-in hybrid motor vehicle; makes TERP funding available to fund the program. Referred to Energy Resources.
HB 2978 (Otto), HB 3150 (Anchia), SB 1425 (Williams) directs the TCEQ to establish and administer the Texas clean fleet program designed to encourage entities that have a fleet of vehicles to either convert diesel-powered or gasoline-powered vehicles to alternative fuel vehicles or replace them with such vehicles, including hybrid-electric, compressed natural gas, liquefied natural gas, hydrogen, or other alternative fuel vehicles, to reduce the exposure of the citizens living in nonattainment areas of the state; directs the TCEQ to establish and administer the Texas alternative fueling facilities program designed to provide fueling facilities in nonattainment areas for alternative fuel; makes available a portion of the Texas Emissions Reduction Plan (TERP) funding for the programs. Both HBs referred to House Environmental Reg. SB 1425 heard April 7 in Senate Natural Resources and left pending.
HB 3089 (Veasey) permits the commissioners court to order any vehicle retired as a requirement of a clean vehicle program to be crushed and if practicable recycled without going through an auction or bid process. Set for April 16 hearing in House County Affairs.
HB 3457 (Branch) & SB 2110 (West) increase the fine and penalty for violations by inspectors and inspection stations, increase the fee for certification of inspectors and inspection stations, and requires a surety bond along with an application for certification, all in the effort to reduce fraudulent vehicle emissions inspections. HB 3457 referred to House Transportation. SB 2110 referred to Senate Transportation and Homeland Security.
HB 3424 (Burnam) directs the TCEQ to require that, after September 1, 2011, a cement kiln that is located in an area designated as a nonattainment area for a national ambient air quality standard under Section 107(d) of the federal Clean Air Act (42 U.S.C. Section 7407) may not emit more than 1.7 pounds of nitrogen oxides for each ton of clinker produced by the kiln from March 1 through October 31 of each calendar year; permits the owner or operator of a cement kiln to apply for and receive funds from the Clean Air Account not to exceed $2,500,000 per kiln until September 1, 2011 to comply with this requirement. Set for April 15 hearing in House Environmental Reg.
HB 3656 (Bohac) allows money in the clean air account not otherwise dedicated by law for another purpose to be used to implement and administer the motor vehicle purchase or lease incentive program; modifies the eligibility requirements for a light-duty motor vehicle for an incentive; reduces the portion of TERP funding allocated for the diesel emissions reduction incentive program from 87.5% to 77.5% and makes available 10% of the TERP funding for the motor vehicle purchase or lease incentive program. Referred to House Environmental Reg.
SB120 (Ellis) & HB 4088 (Farrar) eliminate the sales and use tax on plug-in electric motor vehicles and plug-in hybrid electric motor vehicles and reduce by 50% the sales and use tax on hybrid motor vehicles. SB 120 referred to Senate Finance. HB 4088 referred to House Ways & Means.
SB 368 (Carona) & HB 470 (Hartnett) amend the Transportation Code to strengthen provisions governing persons who provide motor vehicle inspection services. HB 470 substituted, heard March 3 in House Transportation and left pending. SB 368 heard in Senate Transportation & Homeland Security February 24 & March 18, reported favorably as substituted March 20; passed in the Senate April 2, received in the House April 2 and referred to House Transportation.
SB 483 (Seliger, Carona, Deuell) 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. Shapiro added as co-author. Referred to Senate Finance and set for April 9 hearing.
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. Referred to Senate Finance.
SB 760 (Wendy Davis) & HB 3942 (Truitt) require 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. Hinojosa and West added as co-authors. SB 760 heard April 7 in Senate Natural Resources and left pending. HB 3942 set for April 15 hearing in House Environmental Reg.
SB 1821 (Frasier) directs the TCEQ to study the potential for wide-scale adoption of plug-in hybrid electric vehicles and submit a report to the 82nd Legislature regarding its findings. Heard April 7 in Senate Business & Commerce, reported favorably April 9 and placed on April 14 Intent Calendar.
SB 1828 (Averitt) & HB 3317 (Chisum) extends from September 1, 2009 to November 1, 2010 the provision that TCEQ may not prohibit or limit the idling of motor vehicle when idling is necessary to power a heater or air conditioner while a driver is using the vehicle’s sleeper berth for a government-mandated rest period, requires TCEQ to adopt rules establishing an optional nitrogen oxide idling emission standard for heavy-duty diesel engines manufactured during or after the 2008 model year and certification process for heavy-duty engines that meet the standard including a method to visually verify that is certified, and exempts vehicles with certified engines from idling restrictions. HB 3317 heard April 1 Environmental Reg and left pending. SB 1828 referred to Senate Natural Resources, heard April 9 and left pending.
Priority Economic Development Bills
HB 51 (Branch, McCall, Coleman, Madden) 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. Heard in House Higher Ed March 11 & 25, reported favorably as substituted March 25.
HB 59 (Branch, Anchia, Oliveria, Giddings, Crownover + 9 co-authors) 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. Heard in House Higher Ed March 4 & 11, reported favorably as substituted March 11; committee report sent to Calendars April 1.
HB 2437 (McCall) & SB 1515 (Watson) rename two economic development programs built primarily around sporting events to the Major Events trust fund and the Event trust fund; expand the counties and cities eligible for and allowed to participate in incentive funding under the programs, and expands the scope of activities eligible for incentive funding; provide the comptroller with more jurisdiction to gauge the economic impact of different bills and changes how the state administers both programs; authorize the comptroller to provide appropriated funds up front for Major Events fund events that are projected to collect; at least $15 million in tax revenues. HB 2437 substituted, heard and left pending April 6 in House Technology, Economic Development & Workforce. SB 1515 heard March 23 & 30 in Senate Economic Development and reported favorably as substituted April 1; placed on April 14 Intent Calendar.
SB 9 (Zaffirini, ) & HB 4616 (Branch) set forth guidelines for financial support and incentives for the development of national research universities and high-quality comprehensive regional universities and establish the Texas Research Incentive Program (TRIP) for emerging research universities. SB 9 heard and left pending in Higher Ed March 25. Carona | Gallegos | Hinojosa | Lucio | Shapleigh | Uresti | West added as co-authors. Set for hearing April 15 in Senate Higher Ed. HB 4616 referred to House Higher Ed.
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, Shapiro added as co-author. Heard April 2 in Ed and reported favorably as substituted April 7; placed on April 14 Senate Intent Calendar.
SB 1560 (Duncan, Shapiro) & HB 4453 (Branch) require the Texas Higher Education Coordinating Board to establish specific institutional groupings including emerging research universities and to review the groupings and their criteria biennially; establish a national research university fund to provide a dedicated, independent, and equitable source of funding to enable emerging research universities to achieve national prominence as major research universities; set criteria for eligibility to receive distributions from the fund; list sources with which to capitalize the fund; prescribe that the amount allocated to the eligible institutions shall be based on an equitable formula adopted by the legislature to carry out the purposes of the fund; list specifically what an eligible institution may use money received from the fund; abolish the higher education fund and transfers the balance in the fund to the national research university fund subject to approval of the constitutional amendment outlined in SJR 35. Heard and left pending in Senate Higher Ed March 25. Set for April 15 hearing in Senate Higher Ed. HB 4453 referred to House Higher Ed.
SB 1564 (Shapleigh) adds a chapter to the Education Code for Tier One Challenge funding to support the development and enhancement of national research universities; requires emerging research universities to submit to the board a long-term strategic plan documenting the strategy by the institution intends to achieve recognition as a national research university; requires board approval of the university’s strategic plan and compliance with other board criteria to be eligible for challenge funding; suggests the amount of and any increase in externally generated research funds received by the university as a criteria; requires a university receiving challenge funding to issue an annual progress report to the board and the board to provide a written progress report each year to the presiding officer of each house of the legislature. Heard and left pending in Higher Ed March 25.
SJR 35 (Duncan, Shapiro) & HJR 139 (Branch) propose a constitutional amendment establishing the national research university fund to enable emerging research universities to achieve national prominence as major research universities and transferring the balance of the higher education fund to the national research university fund. SJR 35 heard in Senate Finance March 26 & 30, reported favorably March 31, passed April 6 and received in the House April 7. HJR 139 referred to House Higher Ed.
Transportation Bills of Potential Interest
HB 11 (Leibowitz, Bohac, Kohlkorst + 5 co-authors) & HB 1253 (Bohac) repeal authority for the establishment and authorization of the Trans Texas Corridor. Referred to House Transportation.
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. Heard and left pending in House Transportation March 31.
HB13 (Leibowitz) removes conditions under which TxDOT may operate a facility as toll road. Referred to House Transportation.
HB14 (Leibowitz) removes TxDOT’s exemption from statewide contract management provisions of the Government Code for contracts relating to highway construction and engineering; subjects these TxDOT contracts to the same review by the state auditor as other agency contracts are. Heard and left pending in House Transportation March 17.
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. Heard March 17 in House Transportation and reported favorably April 9.
HB 300 (Isett) & SB 1019 (Hegar) – the TxDOT Sunset bill – continues the Texas Transportation Commission and Executive Director until January 2011, then replaces the Commission and Executive Director with a Transportation Commissioner, appointed to a two-year term by the governor with the advice and consent of the senate, establishes a rail division within TxDOT, moves the vehicle titles and registration division to a separate department, requires the commissioner and the chief financial officer to make specific certifications annually regarding internal controls and compliance with legislative mandates, prohibits use of department personnel or resources to influence passage or defeat of legislation, requires the department to establish an ethics hot line, establishes a six-member transportation legislative oversight committee, moves to the oversight committee the budget and the employees of the TxDOT government and public affairs research section, sets up components of a required 20-year plan with measurable goals and requires an annual report on implementation progress, requires the plan to be updated every five years, requires integration of planning and policy efforts, requires coordination with MPOs on long term planning assumptions and funding forecasts, requires the department to establish a project information reporting system easily accessible on the department’s internet website, sets out requirements of the project information reporting system, requires the department to establish a transportation expenditure reporting system easily accessible on the department’s internet website, requires extensive reporting on effectiveness and transportation system conditions on the internet, requires the department to establish criteria for prioritization of needs, requires the department to publish the UTP, including project priorities, in the media and on the internet, requires the department to establish formula for allocating funds to department districts and must make cash flow forecasts and keep district funding allocations within the forecasts, requires each district to develop extensive work plans with a consistent format, mandates that the department facilitate the creation of rural planning organizations in cooperation with councils of governments and local governments, suggests the alignment of district boundaries with council of government boundaries, requires the department to assist rural planning organizations with transportation planning, establishes requirements for the department to take and resolve complaints and to make reports on the effectiveness of resolving complaints, sets forth requirements to encourage and facilitate public involvement, allows the department to use competitive procurement of design-build contracts for non-tolled projects, sets out approval and certification requirements for CDAs where private entities operate toll projects, and sets up a Texas Department of Motor Vehicles. HB 300 heard March 31 in House Transportation and left pending. SB 1019 referred to Senate Transportation & Homeland Security.
HB 565 (McClendon, Harper-Brown) 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. Heard and left pending in House Transportation March 31.
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. Heard and left pending in House Transportation March 31.
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. Referred to House Appropriations.
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. Referred to House Transportation.
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. Referred to House Transportation.
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. Set for April 8 hearing in House Urban Affairs–no action taken.
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. Set for April 6 hearing in House Technology, Economic Development & Workforce–no action taken.
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. Referred to House Transportation.
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.
Referred to House Transportation.
HB 1810 (Pickett) & SB 2378 (Nichols) amend Chapter 222 of the Transportation Code regarding the criteria for which municipalities and counties may create a transportation reinvestment zone and use of taxes collected on property in a municipal transportation reinvestment zone and in a county transportation zone and deposited into a tax increment account. HB 1810 substituted and heard in House Transportation March 17 & 24; reported favorably as substituted March 24; committee report sent to Calendars March 31. SB 2378 heard April 6 in Senate Transportation & Homeland Security and left pending.
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. Referred to House Ways & Means.
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. Heard April 7 in House Transportation and left pending.
HB 2557 (Harper-Brown) & SB 2158 (Shapiro) prohibit 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 2557 heard March 24 & 31 in House Transportation and reported favorably. SB 2158 referred to Senate Transportation & Homeland Security.
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, set 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. Substitute heard March 17 in House Transportation; reported favorably as substituted April 9.
SB 1417 (Shapiro) is similar to HB 2589. SB 1417 referred to Senate Transportation & Homeland Security.
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. Referred to House Ways & Means.
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. Heard April 2 in House Urban Affairs and left pending.
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. Heard March 31 in House Transportation and left pending.
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. Set for April 14 hearing in House Transportation.
HB 2777 (Farrar) amends the Transportation Code to require that a person may not register a motor vehicle after September 1, 2010 without presenting proof that the vehicle has passed the inspection required by law. Referred to House Transportation.
HB 3016 (Coleman) prohibits the conversion of a free segment of the state highway system to a toll project. Referred to House Transportation.
HB 3070 (Solomons) & SB 1876 (Nelson) make several amendments to the Transportation Code on behalf of the Denton County Transportation Authority. SB 1876 heard April 1 in Senate Transportation & Homeland Security and left pending. HB 3070 set for April 8 hearing in House Urban Affairs–no action taken.
HB 3275 (Ortiz, Jr.) prohibits a local authority from installing a photographic traffic signal enforcement system at an intersection approach located on a state highway under the jurisdiction of TxDOT unless the department, after notice and public hearing, approves the installation of the system. Referred to House Transportation.
HB 3341 (Miklos, Veasey) adds a chapter to the Local Government Code providing for the creation of a transportation development corporation in municipalities in Dallas, Tarrant and adjacent counties, authorizing a local option election in municipalities to levy a sales and use tax (at a rate of 1/8, 1/4, 3/8, 1/2, 5/8, 3/4, or 7/8 percent) for public transportation or complementary transportation service purposes without regard to the two cent local cap, permitting the merger of transportation development corporations, and giving to a transportation development corporation the same statutory powers given to DART and The T. Referred to House Transportation.
HB 3387 (Coleman) places a moratorium until September 1, 2011 on TxDOT imposing a toll for the use of any portion of a highway or roadway in the state highway system that did not have a toll in effect on or before the effective date of the bill. Referred to House Transportation.
HB 3393 (Harper-Brown) prescribes that 50% of fees for oversize and overweight vehicle permits be deposited in the state highway fund. Referred to House Transportation.
HB 3394 (Harper-Brown) subject to a constitutional amendment (HJR ???) says the state highway fund shall be used for transportation and DPS shall be funded out of general revenue, and reassigns some DPS collected-fees from the state highway fund to the general revenue fund. Referred to House Appropriations.
HB 3395 (Harper-Brown) adds a chapter to the Transportation Code to establish the Transportation Legislative Oversight Committee to provide objective research, analysis, and recommendations on the operation and needs of the state transportation system; the six member committee consists of the chair of the Senate Committee on Transportation and Homeland Security, the chair of the House Committee on Transportation, two members of the senate appointed by the lieutenant governor, and two members of the house of representatives appointed by the speaker of the house of representatives; moves to the Committee the budget and the employees of the TxDOT government and public affairs research section. Referred to House Transportation.
HB 3448 (Rodriguez) – Texas Local Option Transportation Act – patterned after SB 855, modified slightly, applicable only to the Austin region, and HJR 122 (Rodriguez) proposing a constitutional amendment to allow revenues from the vehicle registration fee and the motor fuels tax to be used for transit and rail. Referred to House Transportation.
HB 3455 (Callegari) mandates that TxDOT conduct a study to improve traffic-control signalization, not to exceed $200,000 cost, to promote more efficient traffic flow, reduce vehicle idling time, synchronize or eliminate signals, adopt smart light technologies including cameras and adopt alternatives to red light signals, and issue a report not later than December 1, 2010. Referred to House Transportation.
HB 3531 (Yvonne Davis) requires that at least one member of the policy board of a metropolitan planning organization be a member of the legislature. Referred to House Urban Affairs.
HB 3673 (Harper-Brown) says the private entity in a CDA is responsible for the cost of relocation of utilities that is required if the construction or maintenance of a toll project requires such relocation. Referred to House Transportation.
HB 3932 (Harper-Brown) directs TxDOT to establish a road user fee pilot program in a county with a regional mobility authority by December 31, 2010 and report its findings and recommendations to the legislature by January 31, 2012, subject to approval of the commissioners court of the county and in consultation with the RMA, with a mileage fee that would generate revenue equivalent to the amount the motor fuels tax would generate. Referred to House Transportation.
HB 4204 (Harper-Brown) requires TxDOT to make available for public viewing and comment for a 45-day period proposals received for a comprehensive development agreement, before making an official decision on a proposal. Referred to House Transportation.
HB 4240 (Mallory Caraway) restricts a local authority from imposing a civil penalty in connection with photo enforcement of red light running if the vehicle was turning right or left at an intersection and failed to stop at a stop line or before entering the crosswalk on the near side of the intersection. Set for April 8 hearing in House Urban Affairs.
HB 4285 (Yvonne Davis) requires the TxDOT Executive Director to submit to the legislature for approval, by February 1 of each odd year, the department’s recommendations for a two year comprehensive strategic highway system plan including the location, construction, and maintenance of state highways and recommendations submitted by metropolitan planning organizations. Referred to House Transportation.
HB 4340 (Parker) authorizes TxDOT to hold money in a subaccount in trust for the benefit of the region in which a project or system is located and may, after any necessary consultation with the metropolitan planning organization, council of governments or a similar planning agency for the region, enter into an agreement or agreements with the municipalities, counties or local governmental entities in the region for the distribution of money to such entities in such region that are authorized to construct, maintain, or operate projects that are eligible for funding with that money. Set for April 14 hearing in House Transportation.
HJR 13 (Leibowitz) & HJR 89 (Paxton) propose 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. Referred to House Ways & Means.
SB 17 (Nichols, et al.) & HB 2929 (Wayne Smith) [24 pages] amend numerous Transportation Code sections governing comprehensive development agreements, including primacy, market valuation and CDA terms. SB 17 heard and left pending in Senate Transportation & Homeland Security March 18 & 25; reported favorably from committee as substituted March 31. HB 2929 substitute heard and left pending in House Transportation March 31.
SB 220 (Nichols) & HB 1438 (Bolton) delete sections from the Transportation Code regarding conversion of a state highway to a toll road and further limit the Texas Transportation Commission’s ability to convert a highway to a toll road. SB 220 heard in Senate Transportation & Homeland Security Committee March 4 & 18, reported favorably as substituted March 20, passed the senate March 26, received in the House March 30 and referred to House Transportation.
SB 293 (Carona) & HB 2738 (Alonzo, et al.) 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. SB 293 heard in Senate Transportation & Homeland Security March 4, reported favorably as substituted March 9, passed the Senate March 19, received in the House March 19, and referred to House Transportation. HB 2738 heard April 7 in House Transportation and reported favorably as substituted April 9.
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 294 heard March 18 & April 6 in Senate Transportation & Homeland Security and reported favorably as substituted April 8. HB 1716 referred to House Transportation.
SB 298 (Carona) & HB 169 (Todd Smith) authorize law enforcement agencies to establish a checkpoint on a street or highway to determine if persons are driving while intoxicated. SB 298 heard March 4 & 18 in Senate Transportation & Homeland Security, reported favorably as substituted March 20, Ellis & Patrick added as co-authors, passed the Senate as amended March 31 and received in the House April 1. HB 169 referred to House Public Safety.
SB 374 (Carona) extends from municipalities to counties and DPS the prohibition of using automated photo systems for enforcing posted speed limits. Heard in Senate Transportation & Homeland Security on March 4, reported favorably as substituted March 9, passed the Senate March 19, received in the House March 19, and referred to House Public Safety.
SB 384 (Carona), HB 2142 (McClendon) & HB 4205 (Harper-Brown) 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. HBs referred to House Transportation. SB 384 heard in Senate Transportation & Homeland Security March 4 & 18, reported favorably March 20, passed the Senate April 2, received in the House April 2 and referred to House Transportation.
SB 404 (Carona) & HB 1557 (Wayne Smith) extend for six years the period of time during which certain toll project entities may enter into a comprehensive development agreement. HB referred to House Transportation. SB heard March 18 & 25 in Senate Transportation & Homeland Security, reported favorably as substituted March 30, passed the Senate April 6, received in the House April 7.
SB 488 (Ellis, Carona) & HB 827 (Harper-Brown, Kent, Lucio III) establish safe driving parameters for use in the vicinity of a vulnerable road user (pedestrian, jogger, road worker, stranded motorist, etc.). HB 827 substituted, heard and left pending in House Transportation March 24. SB 488 heard in Senate Transportation & Homeland Security March 30 and reported favorably as substituted April 1.
SB 502 (Carona) & HB 4203 (Harper-Brown) authorize 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 502 heard in Senate Transportation & Homeland Security February 25 & March 18, reported favorably as substituted March 20, passed the Senate April 2, and received in the House April 2.
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 505 heard and left pending in Senate Finance March 2. SJR 18 heard in Senate Finance March 26 & 30 and reported favorably as substituted April 2.
SB 612 (Shapleigh) amends and expands sections of the Transportation Code regarding TxDOT’s roles and authority with rail transportation. Heard April 6 in Senate Transportation & Homeland Security and reported favorably April 8.
SB 626 (Carona) & HB 3278 (Phillips) establish 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 and Chapter 2301 of the Occupations Code dealing with the sale and lease of motor vehicles. HB 3278 heard March 24 in House Transportation and left pending. SB 626 heard April 6 in Senate Transportation & Homeland Security and left pending.
HB 1549 & HB 3097 (McClendon) similar to SB 626 (different board makeup). HB 3097 heard, amendments considered, and left pending in House Transportation March 24; substitute considered in formal meeting April 9 and reported favorably.
SB 713 (Carona) & HB 575 (Sheffield) 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. SB 713 heard in Senate Transportation & Homeland Security March 4 & 18, reported favorably as substituted March 20, Nichols added as co-author March 23, passed the Senate April 2, and received in the House April 2. . HB 575 heard in House Transportation March 17 & 24, reported favorably as substituted March 24, report sent to local & consent calendar March 31, considered April 9 and placed on the placed on the April 15 local, consent, and res calendar.
SB 882 (Carona) & HB 2334 (Geren) prohibit 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; prohibit 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 882 heard March 18 & April 6 in Senate Transportation & Homeland Security and reported favorably as substituted April 8. HB 2334 referred to House Transportation.
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. Heard April 6 in Senate Transportation & Homeland Security and left pending.
SB 896 (Shapleigh) repeals Transportation Code Chapter 708, the Driver Responsibility Program. Heard March 30 & April 6 in Senate Transportation & Homeland Security and reported favorably April 8.
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. Heard March 18 & 25 in Senate Transportation & Homeland Security, reported favorably March 30, Shapiro added as co-author, placed on local & uncontested calendar, passed the senate April 9 and received in the House April 9.
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). Heard March 18 in Senate Transportation & Homeland Security and left pending.
SB 970 (Seliger) eliminates the requirement that the Executive Director of TxDOT be a professional engineer. Heard March 30 in Senate Transportation & Homeland Security, reported favorably March 31, passed in the senate March 6 and received in the House March 7.
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. Referred to Senate Transportation & Homeland Security.
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. Referred to Senate Transportation & Homeland Security.
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 1272 & SJR 16 referred to Senate Finance. HB 2420 & HJR 82 referred to House Ways & Means.
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; intended as means of leveraging the Prop 12 bond proceeds. Heard March 26 in Senate Finance and left pending.
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. Heard April 6 in Senate Transportation & Homeland Security and left pending.
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. Heard April 6 in Senate Transportation & Homeland Security and left pending.
SB 1382 (Carona), HB 2244 (Leibowitz) & HB 2418 (McClendon) 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.
HBs referred to House Transportation. SB 1382 heard April 6 in Senate Transportation & Homeland Security and reported favorably April 8. HBs referred to House Transportation.
SB 1383 (Carona) & HB 3917 (Wayne Smith) establish a Texas Local Participation Transportation Program administered by the Texas Comptroller, create the Texas local participation fund as a dedicated account in the general revenue fund, prescribe that an eligible project from local project sponsor may receive no more than 50 percent of its cost from the fund, and provide 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. SB 1383 heard April 6 in Senate Transportation & Homeland Security and left pending. HB 3917 referred to House Transportation.
SB 1508 (Carona) allows Transportation Code Chapter 451 & 452 transit agencies to use an automated enforcement system (camera) to enforce HOV lane restrictions; limits the fine to $100 maximum; prohibits use of photos as evidence in prosecuting a criminal offense. Heard April1 & 6 in Senate Transportation & Homeland Security and reported favorably as substituted April 8.
SB 1570 (Carona) adds Chapter 92 – High Speed Rail – to the Transportation Code; provides that TTI shall contract with a nonprofit corporation consisting of local transportation and elected officials organized to implement high-speed rail in Texas, to negotiate on behalf of the state, and to facilitate, analyze, and implement the development of high-speed rail; authorizes the high-speed rail corporation to solicit federal and state funding to be allocated to TTI to carry out the purposes of the chapter, to coordinate with federal planners and representatives of adjacent states for high-speed rail interconnectivity, to negotiate on behalf of Texas for interconnectivity with existing and planned transportation modes and systems, and to coordinate with officials regarding interconnectivity to Texas military installations; requires the high-speed rail system to be developed in Texas to provide connectivity to the four largest airports in Texas, to the state’s military installations, and to other high-speed rail corridors in other areas of the country; and requires the high-speed rail corporation to submit a report of its activities annually to state officials and appropriate legislative committees. Referred to Senate Transportation & Homeland Security.
SB 1597 (Watson) requires MPOs to include in their long range transportation plans to be adopted on or after January 1, 2011 an analysis of greenhouse gas emissions, including quantifying carbon dioxide emissions and quantitative or qualitative analyses of methane, nitrous oxide, hydroflorocarbons, perflourocarbons, and sulfur hexafluoride; requires MPOs to report to their policy boards and public the results of the required analyses before adopting the plan or any significant amendment to the plan. Heard March 24 in Senate Natural Resources and left pending.
SB 1669 (Nichols) & HB 2990 (Phillips) similar but not identical bills that make numerous amendments and additions to the Transportation Code relating to the powers and duties of regional mobility authorities. SB 1669 heard April 1 & 6 in Senate Transportation & Homeland Security and reported favorably as substituted April 8. HB 2990 referred to House Transportation.
SB 2295 (Lucio) & HB 4643 (Lucio III) prescribe for intersections at which a photographic traffic monitoring systems is in use that the minimum change interval for a steady yellow signal must be the maximum allowable yellow change interval duration in accordance with the Texas Manual on Uniform Traffic Control Devices. SB 2295 referred to Senate Transportation & Homeland Security. HB 4643 set for April 14 hearing in House Transportation.
SB 2377 (Nichols) amends the Transportation Code to prohibit TxDOT from contracting with a private sector provider whose ratio of licensed professional engineers to value of work performed on biennial basis exceeds that of the department or whose annual compensation for licensed professional engineers, on average, exceeds the average annual compensation of licensed professional engineers who are employed by the department. Referred to Senate Transportation & Homeland Security.
SJR 18 (Ogden) proposes a constitutional amendment authorizing the legislature to permit the Texas Transportation Commission, subject to legislative review and approval, to designate the area adjacent to a state highway project as a transportation finance zone and dedicating the proceeds of the state sales and use taxes imposed in a transportation finance zone to the Texas Mobility Fund for certain purposes. Heard March 26 & 30 in Senate Finance and reported favorably as substituted April 2.
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. Heard March 30 in Senate Transportation & Homeland Security and left pending.
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. Referred to Senate Finance.
Eminent Domain Bills of Potential Interest
HB 4 (Orr, et al.) 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 4 substituted, heard, and left pending in House Land & Resource Mgt March 25. SB 533 heard and left pending in Senate State Affairs March 30.
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. HB 402 referred to House Land & Resource Mgt. HB 1483 substituted, heard, and left pending in House Land & Resource Mgt March 25.
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. Heard and left pending in House Land & Resource Mgt March 25.
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. Heard and left pending in House Land & Resource Mgt March 25.
HJR 65 (Yvonne Davis) proposes a constitutional amendment requiring that owners of condemned property be made whole…not incur any loss for relocating to comparable living quarters. Heard and left pending in House Land & Resource Mgt March 25.
HJR 96 (Christian, Flynn, Calegari, Woolley) proposes a constitutional amendment to define public use for which property may be taken by eminent domain. Referred to House Land & Resource Mgt.
SB 18 (Estes) [15 co-authors] 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. Heard and left pending in Senate State Affairs March 30.
SB 219 (Nichols) proposes a constitutional amendment to prohibit the use of eminent domain to acquire property for recreational uses. Referred to Senate State Affairs.
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. Referred to Senate State Affairs.
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 700 & HJR 42, HB 1018 & HJR 51 and HB 711 & HJR 44 heard March 18 in House Ways & Means and left pending.
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. Heard March 18 in House Ways & Means and left pending.
HB 127 & HJR 21 (Callegari, et al.) and SB 299 & SJR 13 (Patrick) lower the cap on the annual increase in appraised value of a residence homestead from 10% to 5%. HB 127 & HJR 21 heard March 18 in House Ways & Means and left pending. SB 299 & SJR 13 referred to Senate Finance.
HB 209 (Bohac) & 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. HB 209 heard March 11 in House Ways & Means and left pending. SB 276 referred to Senate Finance.
HB 1211 & HJR 61 (Charlie Howard) reduces from 10% to 5% the annual appraisal cap on a residence homestead for ad valorem tax purposes. Heard March 18 in House Ways & Means and left pending.
HB 1575 (Isett, Paxton, Crabb; co-author: Phill King) & SB 700 (Dan Patrick) reduces state and local government, including water districts, property tax revenue by providing for immediate eligibility for the standard $15,000 school district homestead exemption for taxpayers who acquire a residence homestead, providing that all appraisals be based on the current use of a property rather than its highest and best use, requiring that the notice of appraised value include a disclosure of appraised value and percentage increase for each of the preceding five years, changing the rollback rate from 1.08 to 1.05, requiring that elections be held in all taxing units when the roll back rate is exceeded, requiring an appraisal district in a county of 500,000 or more to provide specific data and forms electronically, and allowing for the appeal of decisions of an appraisal review board to a justice of the peace court rather than a district court when the amount in controversy does not exceed $5,000. SB 700 heard April 2 & 6 in Senate Finance and left pending. HB 1575 heard April 6 in House Ways & Means and left pending.
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. Referred to House Ways & Means.
HJR 104 (Merrit) proposes a constitutional amendment authorizing the legislature to limit increases in the appraised value of a residence homestead for ad valorem tax purposes based on the inflation rate and to limit the frequency of reappraisals of residence homesteads. Referred to House Ways & Means.
HJR 109 (Isett) proposes a constitutional amendment to limit the rate of growth of appropriations from all sources of revenue except the federal government and to authorize the legislature to appropriate money for tax rebates. Referred to House Appropriations.
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%). Referred to Senate Finance.
SB 2301 (Williams) lowers the ad valorem rollback tax rate on the average residence homestead from 8 percent to 5 percent; permits using an 8 percent rather than 5 percent rollback rate if any part of the taxing unit is located in an area declared a disaster area by the governor or president during the current tax year and the governing body of the taxing unit finds that a higher tax rate is necessary to protect the health, safety, or property of persons residing in the taxing unit. Referred to Senate Finance.
Other Bills of Potential Interest
HB 130 (Patrick, et al) & SB 21 (Zaffirini, et al) provide additional funding to expand half-day to full-day kindergarten programs, establish an enhanced quality full-day prekindergarten program, require participating school districts to use at least 20 percent of the additional foundation school program funds to contract with community providers meeting certain requirements indicating a high-quality program, provide transparency and accountability, and set standards to improve early childhood learning; will improve literacy, increase student performance, reduce dropout rates and produce a return on investment of at least 3.5:1. 85 of the 150 house members are signed onto the bill. 11 of 31 senators signed onto the bill. SB 21 heard March12 in Senate Education and left pending. HB 130 substituted, heard and left pending in House Public Education March 24.
HB 133 (Villarreal, Castro) mandates the disclosure of the sales price of real property, prohibits a purchaser from filing for record in the county clerk’s office an instrument conveying real property without an attached sales price disclosure form, provides a penalty of 5 percent of the sales price for failure to comply or 5 percent of the price difference for reporting an erroneous sales price. Heard April 1 in House Ways & Means and left pending.
HB 637 & HJR 40 (Guillen, Pena) authorize 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. Heard March 11 in House Ways & Means and reported favorably as substituted April 2.
HB 847 (Martinez) raises the maximum local sales tax rate from two percent to three percent. Referred to House Ways & Means.
HB 994 (Paxton, el al.) & SB 928 (Patrick, et al) limit 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 994 referred to House Appropriations. SB 928 referred to Senate Finance.
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. Heard March 11 in House Ways & Means and left pending.
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. Heard March 11 in House Ways & Means and left pending.
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. Referred to House Ways & Means.
HB 1433 (Lucio III) & SB 2316 (Averitt) increase the maximum annual water quality fee from $75,000 to $200,000 for wastewater discharge permit holders and water right users through permit or contract [applies to the Consolidated Water Quality Fee and the Water Use Assessment Fee administered by TCEQ]. HB 1433 heard March 31 in House Natural Resources and reported favorably April 9. SB 2316 heard April 9 in Senate Natural Resources and left pending.
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. Heard March 25 in House Environmental Reg and left pending.
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. Referred in House Ways & Means.
HB 2257 (Giddings) prohibits recording an instrument conveying commercial, multifamily residential property or vacant land under a contract for sales unless the instrument discloses the sales price of the property; makes the purchaser of any property for which an instrument is recorded in violation of the disclosure requirement liable to the state for a civil penalty for each violation in an amount equal to five percent of the sales price of the property. Heard March 24 in House Business and Industry Subcommittee on TRCC, Property, Landlord and Tenant Issues and left pending.
HB 2268 (Corte) prohibits a local government from paying for lobbying or from paying dues to an association or organization that engages in lobbying. Referred to House State Affairs.
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. Referred to House Ways & Means.
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. Referred to House Ways & Means.
HB 2830 (Parker) amends the Government Code to require the Comptroller to transfer biennially to the property tax relief fund one-half of any unencumbered positive balance of general revenues. Referred to House Ways & Means.
HB 3291 & HJR 101 (Callegari) propose a constitutional amendment tying the rate of growth of state appropriations, excluding federal funds, to the rate of population growth plus the rate of inflation, and directing that unencumbered surplus state revenues to provide a rebate of state franchise taxes, to reduce public school district property taxes, and to fund the state’s rainy day fund. Referred to House Appropriations.
HB 3514 (Dunnam) reduces by 50 percent the rate of the retail vehicles sales tax for fiscal years 2010 and 2011. Referred to House Ways & Means.
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. Referred to House Ways & Means.
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. Heard April 8 in Ways & Means and left pending.
HJR 84 (Coleman, Farabee, Kuempel,Homer + 13 co-authors) 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. Referred to House County Affairs.
HJR 95 (Gallego) proposes a constitutional amendment allowing counties of 5,000 or more population to conduct an election on adopting a home rule charter. Set for April 6 hearing in House County Affairs–no action taken.
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. Referred to Senate Finance.
SB 2313 (Averitt) creates a water plan projects fund to assist the Texas Water Development Board in funding certain projects identified in the state and regional water plans. Heard April 9 in Senate Natural Resources and left pending.
SB 2318 (Averitt) defines “developed water” to include ground water or surface water placed in a stream or watercourse by the developer of the water with the intent of subsequent use or diversion, water imported from another state and water originating the bays or arms of the Gulf of Mexico; requires the developer to obtain a permit from the TCEQ before using or reusing any return flows or increases in return flows of developed water. Heard April 9 in Senate Natural Resources and left pending.
