Tarrant Regional Transportation Coalition
Just Another Day at Office (Texas Weekly, May 18, 2009)
Remember the cartoons where the sheepdog and the coyote would meet at the time clock every morning, say hello, ask about the families, punch in, harass each other all day, then greet each other pleasantly as they punched out for the evening?
That’s not a bad metaphor for lawmakers right now. There’s some time pressure, but they’re in pretty good humor.
The first big deadline slipped by this week, with the House working on House bills for the last time this session. The good news, if you measure by volume, is that lawmakers chewed through almost eight pages of the agenda on the deadline day, considering dozens of bills in their march toward midnight. The good news, if you measure by restraint, is that that agenda had 17 more pages and the House left two thirds of those bills in the white paper recycle bin.
The clock killed a lot of House bills, to be sure, but a lot of the next week will involve resurrection and reincarnation, with ideas that appear dead suddenly finding new life attached to Senate bills and conference committee reports.
Dr. Frankenstein did his big project at a time like this.
Senate bills have to clear their House committees during the week ahead and have to win initial approval by midnight on Tuesday, May 26 (so much for your Memorial Day weekend). That’ll make supplicants of senators. And everyone in the Lege and the lobby will be trying to find ways to graft their choice issues onto the increasingly scarce pieces of viable legislation.
The budget is still out there, and the deadline by which businesses must pay their corporate franchise taxes is nigh (May 15). That’s usually an opportunity for a comptroller to adjust the official estimate of revenue that’ll be available for the next two years. But Susan Combs plans no changes to the estimates she made at the beginning of the session. Revenue, for budgeting purposes, is locked down. And the House and Senate conferees are closing up their work, writing in money for CHIP expansion, finding middle ground on Medicaid funding and settling other differences.
Expect fights over the voter ID bill and the sunset legislation for the Texas Department of Insurance, first in the House and, potentially, when the House’s work gets to the Senate for inspection. Voter ID is the closest you’ll get to a party-line fight this session — more on that in a moment. And the insurance bill will divide partly on party lines, partly on business/consumer lines, partly on tort reform/trial lawyer lines.
The list of agencies with unfinished sunset bills is shrinking, but big ones remain: insurance, transportation, the state police, and racing all still remain.
Another, quieter deadline will pass at mid-week: It will be too late for lawmakers to override anything vetoed by Gov. Rick Perry after that point. And the governor’s veto power continues for another 20 days after the session ends.
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For those keeping score May 15, 2009, by Harvey Kronberg, Quorum Report CALENDARS 2009 versus 2009 Republican bills 464 (50.4%) This is exactly reflective of the make-up of the House membership. 2007 Republican bills 638 (64.4%) |
Looming deadlines on the legislative calendar:
Wednesday, May 20, 2009 (128th day)
Deadline for house to print and distribute last House Local and Consent Calendar with local house bills
Friday, May 22, 2009 (130th day)
Last day for house to consider local house bills. First day senate can consider bills and resolutions the first day they are posted on the Intent Calendar
Saturday, May 23, 2009 (131st day)
Last day for house committees to report senate bills and senate joint resolutions
Sunday, May 24, 2009 (132nd day)
Deadline for house to print and distribute last House Daily Calendar with senate bills and joint resolutions
Monday, May 25, 2009 (133rd day)
Deadline for house to print and distribute last House Local and Consent Calendar with senate bills
Tuesday, May 26, 2009 (134th day)
Last day for house to consider senate bills and joint resolutions, other than local or consent, on second reading
Wednesday, May 27, 2009 (135th day)
Last day for house to consider local and consent senate bills on second reading or any senate bills or joint resolutions on third reading. Last day for senate to consider any bills or joint resolutions on third reading
Thursday, May 28, 2009 (136th day)
Midnight deadline for house to print and distribute senate amendments
Friday, May 29, 2009 (137th day)
Last day for house to consider senate amendments. Midnight deadline for senate to print and distribute senate copies of conference committee reports on tax, general appropriations, and reapportionment bills. Last day for senate committees to report all bills
Saturday, May 30, 2009 (138th day)
Midnight deadline for house to print and distribute house copies of all conference committee reports
Midnight deadline for senate to print and distribute all conference committee reports on bills other than tax, general appropriations, and reapportionment bills and all house amendments to Senate bills that did not go to a conference committee
Sunday, May 31, 2009 (139th day)
Last day for house to adopt conference committee reports. Last day for senate to concur in house amendments or adopt conference committee reports
Monday, June 1, 2009 (140th day)
Last day of 81st Regular Session; corrections only in house and senate
Session Ends
Sunday, June 21, 2009 (20th day following final adjournment)
Last day governor can sign or veto bills passed during the regular legislative session
We had planned to have a TLOTA press conference at the Capitol Monday but had to postpone it due to slowness in preparation and transmittal of the committee report to the Calendars Committee. Until the Calendars Committee receives and considers the committee report and sets CSSB 855 on the Major State House Calendar, we can not set the date for the press conference. We will send an e-mail to all announcing the time and date of the press conference as soon as we can. Best guess at this point is that we will be able to so Tuesday and that the press event at the Capitol will be Thursday or Friday.
By rule, house bills not adopted last week are now dead, although some will get attached to related bills by amendment. We have eliminated from our weekly report those house bills that we were tracking that we were not adopted as well as several senate bills that clearly were not moving.
Last Wednesday, the Senate Transportation and Homeland Security committee reviewed a 64-page document comparing key provisions of three editions of the TxDOT Sunset Bill with current law–SB 1019 as introduced, HB 300 as engrossed, and SB 1019 as proposed. Chairman Carona told committee members they – and other senators – would have one week to turn in their thoughts and suggestions on the key sunset bill provisions, announcing his intent to adopt a committee substitute this Wednesday, in hopes that the bill can be on the Senate floor Friday. If you would like a copy of the 64-page side-by-side of the TxDOT Sunset bills, contact committee clerk Kelsey Erickson at Kelsey.Erickson_SC@senate.state.tx.us and she will e-mail it to you.
Last Monday, the House Transportation Committee considered substitutes for HB 9 and HJR 9, rewriting them from TLOTA to encompass diversions and gas tax indexing. The substitutes were sent to Calendars Tuesday and died there. HB 1047, another diversion bill, also died in Calendars May 12. SB 216 also addresses diversions but has not been heard in committee. SJR 9, a constitutional amendment addressing diversions, has passed the Senate and is sitting in House Transportation, so conceivably it could still move if it is heard and reported favorably soon. Indexing is most probably dead, as the only bills still alive, SB 217 & SJR 8, have been sitting in committee since February 17 and March 13 without being set for hearing.
Below are tracked bill scheduled for hearing in committee this week:
Senate Transportation & Homeland Security Committee
8:00am Monday, May 18, E1.016
HB 300 (Isett, e al.) Tx DOT Sunset Bill
HB 646 (Hughes) authorizes the governor to execute the Southern High-Speed Rail Compact, allowing Texas to participate in the interstate commission that will assist in conducting a feasibility study of rapid rail service between Texas, Mississippi, Louisiana and Alabama.
HB 3070 (Solomons) makes several amendments to the Transportation Code on behalf of the Denton County Transportation Authority.
House Public Safety
2:00pm or adjournment Monday, May 18, E2.014
SB 374 (Carona) extends from municipalities to counties and DPS the prohibition of using automated photo systems for enforcing posted speed limits.
81st Texas Legislature
Selected Bills of Interest
Selected Bills of Interest
Priority Transportation Bills
SB 855 (Carona) – the Texas Local Option Transportation Act – adds 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; 15 amendments adopted on the floor April 8; passed in the Senate April 14; received in the House April 15; referred to House Transportation April 20; substitute considered in public hearing May 12 and reported favorably; committee report sent to committee coordinator May 15. Substitute eliminates all fee options except for a ten cent county tax on motor fuels and expands the applicability to all 25 metropolitan planning areas.
SJR 24 (Carona) & 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 24 referred to Senate Finance March 13. SJR 52 heard April 6 in Senate Transportation & Homeland Security and reported favorably as substituted April 8; substitute adopted and passed in the Senate April 16; received in the House April 17; referred to House Transportation April 20; considered in public hearing May 12 and reported favorably.
SB 216 (Carona) & 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 216 set for hearing April 6 in Senate Transportation & Homeland Security–no action taken. SB 746 referred to Senate Finance.
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 February 17.
SB 263 (Carona) authorizes 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 & Shapiro added as co-authors. Heard March 2 & April 15 in Senate Finance and reported favorably as substituted April 17; substitute passed in the Senate April 22 with one floor amendment; received in the House April 23; referred to House Transportation April 30; considered in formal meeting May 12, substituted and reported favorably.
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, reported favorably as substituted April 6, and placed on April 8 Senate Intent Calendar; not again placed on intent calendar April 23.
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 March 13.
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 reported favorably as substituted April 15; passed in the Senate April 20; received in the House April 21 and referred to House Transportation April 22.
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. Referred to Senate Finance March 13.
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; passed in the Senate April 14; received in the House April 15; referred to Environmental Reg April 22; set for April 29 hearing; set for May 4 hearing; heard May 11 and left pending.
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. Referred to Senate Natural Resources February 10.
SB 1466 (Wendy Davis) amends 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. Heard April 1 in Senate Transportation & Homeland Security and left pending; heard April 29; reported favorably as substituted May 4; placed on May 5 intent calendar; not again placed on intent calendar May 14.
SB 1467 (Wendy Davis) allows 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. Heard April 6 in Senate Govt Organization and left pending; heard April 27 and reported favorably April 28; placed on April 30 intent calendar; not again placed on intent calendar May 14.
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. SB 1425 heard April 7 & 30 in Senate Natural Resources and left pending; reported favorably as substituted May 5; passed the Senate with one floor amendment May 8; received in the House May 11; referred to House Environmental Reg May 13.
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. Heard April 16 & 20 in House County Affairs; reported favorably as substituted April 20 and recommended for Local & Consent Calendar; passed in the House April 30; received in the Senate May 1; referred to Senate Intergovernmental Relations May 6.
SB 2110 (West) increases the fine and penalty for violations by inspectors and inspection stations, increases 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. Heard April 22 in Senate Transportation and Homeland Security; reported favorably as substituted April 23; recommended for local & uncontested calendar; passed in the Senate April 30; received in the House May 1; referred to House Transportation May 7; considered in formal meeting May 12 and reported favorably; committee report sent to Calendars May 14.
SB 368 (Carona) amends the Transportation Code to strengthen provisions governing persons who provide motor vehicle inspection services. 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 April 6.
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; heard April 9 and left pending.
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 February 25.
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. Hinojosa and West added as co-authors. Heard April 7 in Senate Natural Resources and left pending.
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 passed in the Senate April 15 with one floor amendment. Received in the House April 16; referred to House Energy Resources May 1.
SB 1828 (Averitt) 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. Referred to Senate Natural Resources, heard April 9 & 14 and reported favorably as substituted April 16; placed on local & uncontested calendar April 30; passed in the Senate April 30; received in the House April 30; referred to House Environmental Reg; considered in a formal meeting May 8 and reported favorably; committee report sent to Calendars May 13.
Priority Economic Development Bills
HB 51 (Branch, McCall, Coleman, McClendon, Madden w/87 co-authors) 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; committee report sent to Calendars April 15; passed the House with one floor amendment April 24; received in the Senate April 27; heard in Senate Higher Ed May 6 and left pending.
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. Heard March 23 & 30 in Senate Economic Development and reported favorably as substituted April 1; committee substitute adopted, passed in the Senate April 15; received in the House April 16 and referred to Technology, Economic Development & Workforce April 20; reported favorably as substituted April 27; committee report sent to Calendars May 4; considered in Calendars May 15; placed on May 19 General State Calendar.
SB 9 (Zaffirini + 22 co-authors) 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. Heard and left pending in Higher Ed March 25. Carona | Davis, Wendy | Deuell | Estes | Gallegos | Hinojosa | Lucio | Shapleigh | Uresti | Van de Putte | Wentworth | West | Whitmire added as co-authors. Set for hearing April 15 in Senate Higher Ed; set again for hearing April 22, voted out of committee April 22, reported favorably as substituted April 24; passed in the Senate April 29; received in the House April 30; referred to House Higher Ed May 4.
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; committee substitute adopted, two floor amendments adopted, passed in the Senate April 15; received in the House April 16 and referred to Higher Ed. Heard April 22 and reported favorably as substituted; committee report sent to Calendars April 30; passed in the House with one floor amendment May 14.
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. Heard and left pending in Senate Higher Ed March 25. Set for April 15 hearing in Senate Higher Ed; set again for hearing April 22, voted out of committee April 22, reported favorably as substituted April 24; passed in the Senate with three floor amendments April 30; received in the House May 1; referred to House Higher Ed May 7.
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) proposes 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. Heard in Senate Finance March 26 & 30, reported favorably March 31, passed April 6 and received in the House April 7; referred to House Higher Ed April 16; heard May 6 and left pending.
Transportation Bills of Potential Interest
HB 300 (Isett, Pickett, Harper-Brown) & 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; reported favorably as substituted April 28; passed to engrossment May 8 with 153 floor amendments; received in the Senate May 12; referred to Senate Transportation & Homeland Security; set for May 18 public hearing. SB 1019 heard April 22 & May 13 in Senate Transportation & Homeland Security and left pending.
The House engrossed version of HB 300:
- Sunsets local toll authorities and RMAs in 2013
- Prohibits local toll authorities from lobbying (directly or indirectly)
- Gives TxDOT control of Red Light Cameras and phases them out
- Eliminates market evaluation for comprehensive development agreements
- Further restricts the use of tolling on existing non-tolled highways
- TxDOT Governance – one commissioner elected statewide + 14 commissioners elected from regions (may be reduced to 8 from regions)
- Establishes a legislative oversight review board and an inspector general
- Aligns TxDOT district boundaries with MPO boundaries
- Moves all the vehicle functions out of TxDOT into a new department of motor vehicles
- Creates a rail division and a high speed rail authority
- Sets the stage (study prescribed) to reduce substantially the TxDOT engineering design/project delivery staff–possibly by as much as 40% (5500 to 2500)
HB 646 (Hughes) authorizes the governor to execute the Southern High-Speed Rail Compact, allowing Texas to participate in the interstate commission that will assist in conducting a feasibility study of rapid rail service between Texas, Mississippi, Louisiana and Alabama. Passed in the House May 1. Set for May 18 hearing in Senate Transportation & Homeland Security.
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; considered in Calendars April 27 & May 2; passed in the House May 8 with one floor amendment; received in the Senate May 11; referred to Senate Administration May 12. SB 2378 heard April 6 in Senate Transportation & Homeland Security and reported favorably as substituted April 14; passed in the Senate May 1; received in the House May 4; referred to House Transportation May 7; considered in formal meeting May 12, substituted and reported favorably as substituted.
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; committee report sent to Calendars April 14; placed on April 23 General State Calendar; passed in the House April 24; referred to Senate Transportation & Homeland Security April 27. SB 2158 referred to Senate Transportation & Homeland Security.
HB 2589 (Pickett, McClendon, Harper-Brown) 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. Committee report sent to Calendars April 22; bill died but much of it was incorporated into CSHB 300 as engrossed.
SB 1417 (Shapiro) is similar to HB 2589. SB 1417 referred to Senate Transportation & Homeland Security.
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 & 22 in Senate Transportation & Homeland Security, reported favorably April 22 and recommended for local & uncontested calendar; passed in the Senate April 30; received in the House April 30; referred to House Urban Affairs May 4; heard May 14 and reported favorably; committee report filed with committee coordinator May 15. HB 3070 heard April 8 in House Urban Affairs, reported favorably April 9, committee report sent to local & consent calendar April 16; passed in the House April 30; received in the Senate May 1; referred to Senate Transportation & Homeland Security May 6; set for May 18 hearing.
SB 17 (Nichols, et al.) [24 pages] amends numerous Transportation Code sections governing comprehensive development agreements, including primacy, market valuation and CDA terms; gives county/regional toll authorities primacy. Heard March 18 & 25 in Senate Transportation & Homeland Security; reported favorably from committee as substituted March 31; passed in the Senate April 6 with one floor amendment; received in the House April 7; referred to House Transportation April 16; considered in May 12 formal meeting, substituted, amended, reported favorably as substituted.
SB 220 (Nichols) deletes sections from the Transportation Code regarding conversion of a state highway to a toll road and further limits the Texas Transportation Commission’s ability to convert a highway to a toll road. 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 March 31; heard May 12, committee substitute considered and left pending.
SB 293 (Carona) amends 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 in Senate Transportation & Homeland Security March 4, reported favorably as substituted March 9, passed the Senate March 19, received in the House March 19, referred to House Transportation, considered in formal meeting April 30, recommended for local & consent, reported favorably; committee report sent to Local & Consent Calendars May 5; passed in the House May 5; signed in the Senate May 7; signed in the House May 7; sent to the Governor May 7.
SB 294 (Hinojosa) raises 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. Heard March 18 & April 6 in Senate Transportation & Homeland Security and reported favorably as substituted April 8; passed the senate April 22 as substituted with four floor amendments; received in the House April 23; referred to House Transportation April 30; heard May 12, substitute considered; considered in May 14 formal meeting, recommended for local & consent calendar; reported favorably as substituted.
SB 298 (Carona) authorizes law enforcement agencies to establish a checkpoint on a street or highway to determine if persons are driving while intoxicated. 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 and referred to House Criminal Justice; heard May 6, substitute considered, left pending.
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; set for May 4 hearing and then withdrawn from the schedule; considered in May 14 formal meeting; set for May 18 hearing.
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. HB 2142 referred to House Transportation; heard April 28, left pending, considered in formal meeting April 30 and reported favorably; sent to Calendars May 5; placed on the May 8 General State Calendar; passed in the House May 15. 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 April 6; considered in May formal meeting and reported favorably.
SB 404 (Carona) extends for six years the period of time during which certain toll project entities may enter into a comprehensive development agreement. 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 and referred to House Transportation April 16; heard May 12, substitute considered; considered in May 14 formal meeting and reported favorably as substituted.
SB 488 (Ellis, Carona) establishes safe driving parameters for use in the vicinity of a vulnerable road user (pedestrian, jogger, road worker, stranded motorist, etc.). Heard in Senate Transportation & Homeland Security March 30 and reported favorably as substituted April 1; passed in the Senate April 21 with one floor amendment; received in the House April 22; referred to House Transportation; heard, substitute considered, reported favorably as substituted May 5; recommended for local & consent calendar; considered in Calendars May 15; placed on May 19 Local, Consent & Resolutions Calendar.
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. Heard in Senate Transportation & Homeland Security February 25 & March 18, reported favorably as substituted March 20, passed the Senate April 2, received in the House April 2 and referred to House Transportation; heard April 28 and left pending; considered in formal meeting April 30 and reported favorably; committee report sent to Calendars May 5.
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 in Senate Finance March 2 & April 28; reported favorably as substituted May 1; placed on intent calendar May 5; passed in the Senate May 7; received in the House May 7; referred to House Transportation May 13. SJR 18 heard in Senate Finance March 26 & 30 and reported favorably as substituted April 2; passed in the Senate April 17 with one floor amendment; received in the House April 20; referred to House Transportation April 21; heard May 12 and left pending.
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, reported favorably April 8 and recommended for local & uncontested calendar; moved on and off intent calendar since April 22, not on May 4 intent calendar.
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 and Chapter 2301 of the Occupations Code dealing with the sale and lease of motor vehicles. Heard April 6 & 15 in Senate Transportation & Homeland Security and left pending; reported favorably as substituted April 23; passed in the Senate May 1 with one floor amendment; received in the House May 4; referred to House Transportation May 7.
HB 3097 (McClendon) similar to SB 626 (different board makeup). Heard, amendments considered, and left pending in House Transportation March 24; substitute considered in formal meeting April 9 and reported favorably; committee report sent to Calendars April 22; passed in the House May 6; received in the Senate May 7; referred to Senate Transportation & Homeland Security; heard May 11 & 13; substitute reported favorably May 15; recommended for local and uncontested calendar; placed on May 18 intent calendar.
SB 713 (Carona) prohibits 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. 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, received in the House April 2 and referred to House Transportation April 14; considered in May 12 formal meeting and reported favorably; committee report sent to Calendars May 15.
SB 882 (Carona) prohibits 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; clarifies that NTTA has specified powers also provided HCRTA, TxDOT, and RMAs; empowers NTTA to provide a stipend to unsuccessful proposers on a design-build project; allows NTTA to prohibit operation of a 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; authorizes NTTA to provide for administrative adjudication of violations. Heard March 18 & April 6 in Senate Transportation & Homeland Security, reported favorably as substituted April 8 and recommended for the local & uncontested calendar; placed on April 23 local calendar; passed in the Senate April 23; received in the House April 23; referred to House Transportation April 29.
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 & 15 in Senate Transportation & Homeland Security and left pending; heard April 29 and reported favorably as substituted May 1; recommended for local & uncontested calendar; placed on intent calendar May 4; passed in the Senate May 5; received in the House May 5; referred to House Transportation May 13.
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; passed in the Senate April 17 with one floor amendment; received in the House April 17; referred to House Transportation April 20.
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, received in the House April 9 and referred to House Transportation April 16; heard May 12; considered in formal meeting May 14 and reported favorably; committee report filed with committee coordinator May 15.
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; heard May 5 in House Transportation and left pending.
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 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 reported favorably as substituted April 17; placed on April 21 intent calendar; passed in the Senate April 28 with three floor amendments; received in the House April 29; referred to House Transportation May 4; heard May 12 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 & 15 in Senate Transportation & Homeland Security and reported favorably as substituted April 17; passed in the Senate with one floor amendment April 22; received in the House April 23; referred to House Transportation May 1.
SB 1382 (Carona) directs 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; requires 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. Heard April 6 in Senate Transportation & Homeland Security, reported favorably April 8 and recommended for local & uncontested calendar; passed in the Senate April 30; received in the House May 1; referred to House Transportation May 7.
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. Heard April 6 & 15 in Senate Transportation & Homeland Security, reported favorably as substituted April 17 and recommended for local & uncontested calendar; placed on May 4 intent calendar; passed in the Senate May 5; received in the House May 5; referred to House Transportation May 8; considered in May 12 formal meeting and reported favorably; committee report sent to Calendars May 15.
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; placed on April 23 local & uncontested calendar; placed on April 27 intent calendar; passed in the Senate on April 28 with two floor amendments; received in the House April 29; referred to House Transportation May 4.
SB 1570 (Carona) amends Chapter 91.001 of the Transportation Code to require that the Texas Transportation Commission create a transportation corporation for high speed rail; requires that the corporation have a board of seven members, of whom three are appointed by TTC; and four are appointed by TTC from a list of candidates submitted by the South Central High Speed Rail Authority Inc., a local government corporation organized under Chapter 431, Subchapter D, Transportation Code; authorizes the corporation to plan and develop a high-speed rail facility, to solicit federal funding to be allocated to the Texas Department of Transportation (TxDOT) for high speed rail planning and development, to coordinate with federal planners and representatives from adjacent states for the interconnectivity of high-speed rail systems in this state with systems developed in federally designated high-speed rail corridors in other states, to represent and negotiate on behalf of this state for the interconnectivity of high-speed rail with existing and planned transportation systems, including airports, seaports, transit systems, commuter rail systems, and highways, and to coordinate with federal transportation planners and officials at the United States Department of Defense or its successor agency regarding issues related to the provision of connectivity to military installations in this state; requires a high-speed rail system to enhance connectivity to this state’s largest airports, enhance connectivity for and ease of passenger transport to and from military installations located in this state, and be developed in collaboration with high-speed rail projects in other areas of the United States to ensure interconnectivity with other federally designated high-speed rail corridors; requires annual reports of progress to the state executive, legislative and transportation leaders. Heard April 20 & 22 in Senate Transportation & Homeland Security and left pending; considered in public hearing April 29; reported favorably as substituted April 30; placed on May 4 intent calendar; passed in the Senate May 5; received in the House May 5; referred to House Transportation May 13.
SB 1669 (Nichols) makes numerous amendments and additions to the Transportation Code relating to the powers and duties of regional mobility authorities. Heard April 1 & 6 in Senate Transportation & Homeland Security and reported favorably as substituted April 8; passed in the Senate April 21; received in the House April 22; referred to House Transportation April 30; heard May 12; considered in formal meeting May 14 and reported favorably as substituted.
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, reported favorably as substituted April 2, and passed in the Senate April 17 with one floor amendment; received in the House April 20 and referred to House Transportation April 21; heard May 12 and left pending.
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 & April 8 in Senate Transportation & Homeland Security, reported favorably April 14, placed on April16 intent calendar, not placed on April 20 intent calendar; placed on April 21 intent calendar; passed in the Senate with one floor amendment April 23; received in the House April 24; referred to House Transportation May 1.
Eminent Domain Bills of Potential Interest
HJR 14 (Corte, Hilderbrand, Anderson, Paxton, Hughes) 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; heard, substituted, reported favorably as substituted April 29; committee report sent to Calendars May 6; considered May 8; placed on May 11 Constitutional Amendments Calendar and adopted with three floor amendments; received in the Senate May 12; referred to Senate State Affairs May 13.
SB 18 (Estes) [25 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; limits eminent domain use to takings only for public use, requires authority to use eminent domain to be granted in a public meeting, requires making a bona fide offer to purchase before initiating condemnation proceedings, and requires fair compensation to property owners who lose direct access to their remaining property. Heard March 30 & April 23 in Senate State Affairs and voted out favorably as substituted April 23; placed on April 30 intent calendar; five floor amendments adopted May 1 on second reading; passed in the Senate May 4; received in the House May 5; referred to House Land & Resource Mgt May 8.
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. Heard April 27 & May 4 in Senate State Affairs; reported favorably as substituted May 7; placed on May 8 intent calendar; passed in the Senate May 11 with one floor amendment; received in the House May 11; referred to House Land & Resource Mgt May 15.
Appraisal / Revenue Cap Bills of Potential Interest
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. Set for April 23 hearing–no action taken. Heard May 7 and left pending. Set for May 11 hearing–no action taken.
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; set for hearing again April 21; heard April 23 and left pending. HB 130 substituted, heard and left pending in House Public Education March 24; substitute considered in April 16 public hearing and reported favorably; committee report sent to Calendars April 29; placed on May 4 General State Calendar; passed in the House May 8 with five floor amendments; received in the Senate May 11; referred to Senate Education; heard May 14 and left pending.
HB 1433 (Lucio III) increases 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]. Heard March 31 in House Natural Resources and reported favorably April 9; committee report sent to Calendars April 21; passed in the House May 1 with one floor amendment; received in the Senate May 4; referred to Senate Natural Resources May 5; heard May 7; reported favorably May 8; placed on May 12 intent calendar; passed in the Senate May 13.
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 & 21 in Senate Natural Resources and reported favorably as substituted April 23; recommended for local and uncontested calendar; passed in the Senate May 1; received in the House May 4; referred to House Natural Resources on May 7; considered in May 14 formal meeting and reported favorably.
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 reported favorably April 15; placed on April 20 intent calendar, not again placed on April 21 intent calendar.
