Second Special Session: City-Related Bills Filed
2H.B. 23 (Thompson) – Employment Discrimination: would track the language of the federal Lilly Ledbetter Fair Pay Act and would: (1) extend the statute of limitations on pay discrimination claims to include every instance an individual is paid based on a past discriminatory decision made by an employer; and (2) allow back pay and benefit damages for up to two years preceding the date of filing a complaint for pay discrimination.
2H.B. 25 (Callegari) – Public Retirement Systems: would: (1) require each actuarially funded retirement system with an infinite amortization period to become finitely funded within six years or file a corrective action plan to do so with notice and participation by plan sponsors; (2) require each actuarially funded retirement system to become 80% funded and have an amortization period of 30 years or less; (3) prohibit any new monetary benefits that would result in a longer than 30 year amortization period for unfunded liabilities; (4) require a plan sponsor to make at least one contribution a year; (5) require that contributions be level or declining as a percentage of payroll; (6) require certain retirement systems that have over $100 million in total assets to do an actuarial experience study; and (7) require each public retirement system to adopt ethical standards and conflict-of-interest policies at least as strict as state law.
2H.B. 28 (Callegari) – Public Retirement System Information: would: (1) provide that “individual record” information that could reasonably be expected to identify an individual who is or was a member, annuitant, retiree, beneficiary, alternate payee, program participant, or person who is eligible to receive benefits from the same, is confidential and not subject to public disclosure, unless written authorization is obtained from the individual or individual’s representative; (2) allow the release of individual records and information in certain circumstances and to certain entities; (3) provide that the procedures of the Public Information Act prevail over any conflicting law with respect to the confidentiality of information held by a public retirement system; and (4) remove a public retirement system’s sole discretion in determining whether a record is confidential.
2H.B. 24 (Callegari) – Eminent Domain Reporting: would amend the provisions of S.B. 18 (2011) to provide that an entity, including a city, that did not submit the required letter to the comptroller describing its power of eminent domain prior to December 31, 2013, may not exercise the entity’s power of eminent domain before the 90th day after the date the entity submits a letter to the comptroller. (Note: Under S.B. 18, a city that did not submit a letter by the deadline may not exercise the power of eminent domain. This bill would give those cities that missed the deadline the ability to submit and once again use the power of eminent domain.)
2H.B. 19 (Krause) – Firearms: would prohibit the state or a political subdivision of the state from contracting with or in any other manner providing assistance to a federal agency or official with respect to the enforcement of a federal statute, rule, or regulation purporting to regulate a firearm, firearm accessory, or firearm ammunition that remains exclusively within the borders of this state if the statute, order, rule, or regulation imposes a prohibition, restriction, or other regulation that does not exist under the laws of this state.
2H.B. 8 (Harper-Brown) – Transportation Funding: would provide that, beginning in 2015, certain revenue derived from the state sales tax imposed on the sale of a motor vehicle sold in this state shall be deposited to the credit of the state highway fund.
2H.B. 9 (Harper-Brown) – Transportation Funding: would end the diversion of gas tax revenues that currently fund the available school fund.
2H.B. 13 (Pickett) – Transportation Funding: would: (1) authorize the Texas Department of Transportation to require a person – including a governmental or private entity – to obtain a permit as a condition of using any part of a state highway right-of-way for the construction, maintenance, or operation of a utility facility; and (2) provide that the department may not require the payment of a fee from a city to obtain a permit as a condition of using any part of a state highway right-of-way for the construction, maintenance, or operation of a utility facility.
2H.B. 14 (Pickett) – Commercial Driver’s Licenses: would: (1) authorize the issuance of a commercial learner’s permit available for drivers that meet certain criteria; and (2) prohibit texting while driving by the operator of a commercial motor vehicle.
2H.B. 15 (Pickett) – Transportation Funding: would limit the authority of the Texas Department of Transportation to issue debt after January 1, 2013, and authorize the use of certain monies in the Texas Mobility Fund to be used to pay existing state transportation debt.
2H.B. 16 (Pickett) – Transportation Funding: would end the diversion of gas tax revenues that currently fund the available school fund and require that those funds be used mainly for transportation funding.
2H.J.R. 1 (Phillips) – Transportation Funding: would amend the Texas Constitution to allow the transfer of certain general revenue to the state highway fund and the economic stabilization fund and to authorize the payment for principal and interest on certain highway improvement bonds. (Companion resolution is 2S.J.R. 1 by Nichols.)
2H.J.R. 2 (Pickett) – Transportation Funding: would amend the Texas Constitution to provide revenue from motor fuel taxes to be used solely for constructing, maintaining, and acquiring rights-of-way for certain public roadways and to provide for the transfer of certain general revenue to the available school fund and the economic stabilization fund.
2H.J.R. 7 (Harper-Brown) –Transportation Funding: would amend the Texas Constitution to allow the state to use a portion of the oil and gas production tax for the Texas Mobility Fund, rather than sending all those funds to the state’s Rainy Day Fund.
2H.J.R. 8 (Harper-Brown) –Transportation Funding: would amend the Texas Constitution to: (1) provide for the transfer of general revenue to the state highway fund and the economic stabilization fund; and (2) authorize the payment from the state highway fund of the principal and interest on certain highway improvement bonds.
2H.J.R. 9 (Harper-Brown) –Transportation Funding: would amend the Texas Constitution to provide that revenues from motor vehicle registration fees and taxes on motor fuels and lubricants may be used only for transportation purposes.
2H.J.R. 10 (Pickett) – Transportation Funding: would amend the Texas Constitution to provide that certain amounts of the state’s gas tax and oil and gas revenues be used for transportation purposes.
2S.J.R. 1 (Nichols) – Transportation Funding: this bill is the same as 2H.J.R. 1, above.
2S.J.R. 5 (Eltife) –Transportation Funding: would amend the Texas Constitution to provide that: (1) the state sales and use tax imposed on the sale, storage, use, or other consumption in this state of taxable item is imposed at a rate that is one-half of one percent more than the current rate; (2) the comptroller shall deposit the net revenue derived from the additional state sales and use tax to the credit of an account in the general revenue fund; (3) revenue deposited in the account may be used only to repay the principal of and interest on certain state transportation debt; and (4) the bill’s provisions expire when the state’s transportation debt is paid off or in 2030, whichever is earlier.
2H.B. 29 (Callegari) – Desalination: would: (1) require the Texas Commission on Environmental Quality to adopt rules to allow water treated by a desalination facility to be used as public drinking water and ensure that the water treated by a desalination facility meets all state and federal law requirements; and (2) establish the Texas Center for Innovative Desalination Technology as a partnership between the University of Houston, The University of Texas at Brownsville, and the University of Texas at El Paso.