SIGNIFICANT FLOOR ACTIONS

H.B. 215 (Gallego), Relating to photograph and live lineup identification procedures in criminal cases. Passed the House.  (Companion bill is S.B. 121 by Ellis.)

H.B. 257 (Hilderbran), Relating to the periods for presumed abandonment of certain unclaimed personal property.  Passed the House.

H.B. 564 (Craddick), Relating to inspection of portable fire extinguishers in government-owned vehicles in certain local governmental jurisdictions.  Passed the House.

H.B. 984 (Truitt), Relating to agreements between contiguous municipalities regarding jurisdiction of cases in municipal courts. Passed the Senate.  As passed, the bill would authorize a city with a non-record municipal court to enter into an agreement with a contiguous city or a city within one-half mile of the city limits to provide concurrent and original jurisdiction of the municipal courts in both cities for most types of cases heard by municipal courts.

H.B. 1389 (Hopson), Relating to the criminal penalties for the owner of a dog that attacks another person.  Passed the House.

H.B. 1643 (Zerwas), Relating to development agreements governing land in a municipality's extraterritorial jurisdiction. Passed the House.  As passed, the bill would provide that a city may enter into a development agreement with an owner of land in the city’s extraterritorial jurisdiction for any term up to a maximum of 45 years.

H.B. 1899 (Pickett), Relating to the posting of signs in school crossing zones regarding the prohibited use of a wireless communication device while operating a motor vehicle.  Passed the House.

H.B. 1933 (W. Smith), Relating to the regulation of metal recycling entities. Passed the House.  As passed, the bill would, among many other things: (1) add various items, including fire hydrants, an item with the logo of a governmental entity or utility, and wire that has been burned to remove the insulation, to the list of regulated metals under state law; (2) provide that a county, city, or other political subdivision may require the record of purchase of regulated metals to contain a clear and legible thumbprint of a seller; (3) prohibit a county, city, or other political subdivision from adopting a rule, charter, or ordinance or issue an order or impose standards that limit the use of cash by a metal recycling entity in a manner more restrictive than that provided by the bill; (4) provide that a person commits a misdemeanor if the person owns or operates a metal recycling entity and does not submit an application for the appropriate license or permit; (5) authorize the Department of Public Safety (DPS) to enter into contracts relating to the operation of the statewide electronic reporting system and database; and (6) from fines collected and distributed to the DPS for violations of metal recycling laws, mandate that DPS by rule establish and implement a grant program to provide funding to assist local law enforcement agencies in preventing the theft of regulated metals.

H.B. 1959 (Thompson), Relating to appeal of the refusal of an alcoholic beverage license or permit based on a certification of an area’s wet or dry status.  Passed the House.

H.B. 2280 (Eiland), Relating to the composition of the permanent advisory committee to advise the Texas Commission on Environmental Quality regarding the implementation of the ad valorem tax exemption for pollution control property.  Passed the House.

H.B. 2313 (Coleman), Relating to the requirement to post notice of the subject of a meeting under the open meetings law as the requirement relates to reports about items of community interest at a meeting of a commissioners court. Passed the House.  As passed, the bill would provide that a municipal governmental body posting an agenda notice on the Internet under shall provide during regular office hours a computer terminal at certain municipal facilities convenient to the public that members of the public may use to view notices of meetings posted by the city.

H.B. 2490 (Solomons), Relating to the regulation of certain metal dealers. Passed the House.  As passed, the bill would provide that: (1) a crafted previous metal dealer must comply with various regulations administered by the Texas Finance Commission; and (2) a peace officer who has reasonable suspicion to believe that an item of crafted precious metal in the possession of a dealer is stolen may place the item on hold by issuing to the dealer a written notice containing certain information.

H.B. 2608 (Harper-Brown), Relating to the continuation and functions of the Texas Department of Housing and Community Affairs. Passed the House.  (Companion bill is S.B. 665 by Hinojosa.)

H.B. 2628 (Branch), Relating to the posting of signs in school crossing zones regarding the prohibited use of a wireless communication device while operating a motor vehicle.  Passed the House.

H.B. 2663 (Chisum), Relating to the effect of rules and standards adopted by the Railroad Commission of Texas relating to the liquefied petroleum gas industry on ordinances, orders, or rules adopted by political subdivisions relating to that industry.  Passed the House.

H.B. 2826 (Murphy), Relating to the issuance of a certificate for a municipal setting designation.  Passed the House.

H.B. 2973 (Hunter), Relating to encouraging public participation by citizens by protecting a person's right to petition, right of free speech, and right of association from meritless lawsuits arising from actions taken in furtherance of those rights.  Passed the House.

H.B. 3547 (Alvarado), Relating to enforcement by a local government of fire safety standards at certain child-care facilities. Passed the House.  (Companion bill is S.B. 1745 by Gallegos.)

S.B. 9 (Williams), Relating to homeland security; providing penalties. Passed the Senate.  As passed, this bill would: (1) require that a law enforcement agency that has custody of a person to: (a) verify that person’s immigration status; or (b) contact the United States Immigration and Customs Enforcement if the person’s immigration status cannot be verified; (2) create an automatic license plate reader pilot program; (3) increases penalties for criminal street gangs; and (4) adds or increases driver’s license fees to improve and maintain the driver’s license system. 

S.B. 288 (Lucio), Relating to authorizing the Department of Public Safety of the State of Texas to investigate the feasibility of and cooperate in the establishment of southbound checkpoints along the international border of this state. Passed the Senate. 

S.B. 321, Relating to an employee’s transportation and storage of certain firearms or ammunition while on certain property owned or controlled by the employee's employer.  Passed the House.  As passed, the bill would provide that: (1) a public or private employer may not prohibit an employee who holds a license to carry a concealed handgun, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition, from transporting or storing a firearm or ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees; (2) the bill does not: (a) authorize a person who holds a license to carry a concealed handgun, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition to possess a firearm or ammunition, on any property where the possession of a firearm or ammunition is prohibited by state or federal law; or (b) apply to: (i) a vehicle owned or leased by a public or private employer and used by an employee in the course and scope of the employee's employment, unless the employee is required to transport or store a firearm in the official discharge of the employee’s duties; (ii) a school district; (iii) an open-enrollment charter school; (iv) a private school; (v) property owned or controlled by a person, other than the employer, that is subject to a valid, unexpired oil, gas, or other mineral lease that contains a provision prohibiting the possession of firearms on the property; or (vi) property owned or leased by a chemical manufacturer or oil and gas refiner with an air authorization under state law, and on which the primary business conducted is the manufacture, use, storage, or transportation of hazardous, combustible, or explosive materials, except in regard to an employee who holds a license to carry a concealed handgun and who stores the handgun and related ammunition in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees that is outside of a secured and restricted area: (A) that contains the physical plant; (B) that is not open to the public; and (C) the ingress into which is constantly monitored by security personnel; (3) except in cases of gross negligence, a public or private employer or the employer’s agent is not liable in a civil action for personal injury, death, property damage, or any other damages resulting from or arising out of an occurrence involving a firearm or ammunition transported or stored in accordance with the bill, including an action for damages arising from the theft of the firearm or ammunition or the use of the firearm or ammunition by a person other than the employee who is authorized by the bill to transport or store the firearm or ammunition; (4) the presence of a firearm or ammunition transported or stored in the manner and in a location described by the bill does not by itself constitute a failure by the employer to provide a safe workplace; and (5) the bill does not limit or alter the personal liability of who causes harm or injury by using or encouraging another person to use a firearm or ammunition for a firearm.

S.B. 396 (Deuell), Relating to the state fire marshal’s investigation of the death of a firefighter who dies in the line of duty or in connection with an on-duty incident. Passed the House.

S.B. 687 (Huffman), Relating to interception of wire, oral, or electronic communications for law enforcement purposes. Passed the Senate.  (Companion bill is H.B. 1457 by Fletcher.)

S.B. 933 (Ellis), Relating to the electronic submission of certain documents to the attorney general and the submission of certain documents by the attorney general. Passed the Senate.  (Companion bill is H.B. 2866 by Harper-Brown.)

S.B. 1160 (Seliger), Relating to the liability of a landowner for harm to a trespasser. Passed the House.  (Companion bill is H.B. 1971 by J. Jackson.)

S.B. 1258 (Duncan), Relating to the disposal of demolition waste from abandoned or nuisance buildings in certain areas. Passed the House.

S.B. 1294 (Hegar), Relating to the imposition of administrative penalties by the Railroad Commission of Texas.  Passed the Senate.

S.B. 1399 (D. Patrick), Relating to the regulation of foundation repair contractors. Passed the Senate.  (Companion bill is H.B. 2530 by Legler.)

S.B. 1450 (Zaffirini), Relating to the regulation of crafted precious metal dealers. Passed the Senate. 

S.B. 1420 (Hinojosa), Relating to the continuation and functions of the Texas Department of Transportation. Passed the House.  This is the Texas Department of Transportation (TxDOT) sunset bill.  The bill, among many other things, would now:

  1. amend the law relating to transportation reinvestment zones (TRZs) to provide that: (1) a TRZ may be used to facilitate the improvement, development, or redevelopment of property or to enhance a local entity's ability to sponsor a transportation project funded by pass-through tolls; (2) an ordinance designating an area as a TRZ must, among other things, designate the base year for purposes of establishing the tax increment base of the municipality and contain findings that promotion of the transportation project will cultivate the improvement, development, or redevelopment of the zone; (3) from taxes collected on property in a TRZ, the city shall pay into the tax increment account the tax increment produced by the city, less any amount allocated under previous agreements; (4) all, or the portion specified by the city, of the money deposited to a tax increment account must be used to fund the transportation project for which the TRZ was designated, and any remaining money deposited to the tax increment account may be used for other transportation projects or for improvements in the TRZ; (5) the governing body of a city may contract with a public or private entity to develop, redevelop, or improve a transportation project in a TRZ and may pledge and assign all or a specified amount of money in the tax increment account to that entity; (6) to accommodate changes in the scope of the project for which a TRZ was designated, the boundaries of a zone may be amended, with certain exceptions; (7) any surplus remaining in a tax increment account on termination of a zone may be used for other purposes as determined by the municipality; (8) county TRZ authority is expanded; and (9) The Texas Department of Transportation may not reduce funding to a county or city that designates and uses a TRZ, nor may the department reduce funding to one if its districts because the district contains a TRZ.
  2. make various changes to the administration, financing, and use of the State Infrastructure Bank, which provides loans to public entities, including cities, to construct, maintain, or finance certain transportation projects.
  3. provide that a city that imposes a fee on the user of a benefited property equal to the prorated annual cost of the transportation system owned by the city that can reasonably be attributed to the benefited property must provide notice to TxDOT and the user of the fee.
  4. the notice required in (3), above, to TxDOT shall be given to the executive director by any commercially acceptable form of business communication and the notice to the user is adequate if the fee amount is stated on monthly billing statements to the user for metered utility service provided by the city to the user.
  5. provide that a local authority may not install a photographic traffic signal enforcement system at an intersection approach located on a state highway under the jurisdiction of TxDOT unless TxDOT, after notice and a public hearing, approves the installation of the system.
  6. prohibit TxDOT from approving the installation of a photographic traffic signal enforcement system under (5), above, in a city with a population of less than 40,000.

S.B. 1505 (Uresti), Relating to the appraisal for ad valorem tax purposes of a real property interest in oil or gas in place. Passed the Senate.  (Companion bill is H.B. 889 by Lewis.)

S.B. 1529 (Hinojosa), Relating to the date by which law enforcement agencies must report arrests to the Department of Public Safety.  Passed the Senate. 

S.B. 1580 (Ogden), Relating to state fiscal matters related to health and human services and state agencies administering health and human services programs. Passed the Senate.  (Companion bill is H.B. 3666 by Zerwas.)

S.B. 1582 (Ogden), Relating to state fiscal matters related to the judiciary. Passed the Senate.  (Companion bill is H.B. 3648 by Otto.)

S.B. 1798 (West), Relating to a presumption that certain retailers are engaged in business in this state for the purpose of the use tax. Passed the Senate.  (Companion bill is H.B. 1317 by Naishtat.)

S.B. 1811 (Duncan), Relating to state fiscal matters. Passed the Senate.  As passed, the bill, among other things, would: (1) create a $5 fee for judicial access and improvement to be collected on certain offenses and remitted to the comptroller for deposit in a judicial access and improvement account; and (2) authorize a city to keep five percent of the fee.  (Companion bill is HB 3790 by Pitts.)

S.B. 1816 (Zaffarini), Relating to county and municipal land development regulation.  Passed the Senate.  As passed, the bill would provide that:  (1) any county may impose more stringent subdivision rules if it adopts the model subdivision rules and elects to do so; (2) a subdivider of land must have a plat of the subdivision prepared if at least one of the lots of the subdivision is five acres or less. A commissioners court by order may require a subdivider of land to prepare a plat if none of the lots is five acres or less but at least one of the lots of a subdivision is more than five acres but not more than 10 acres; (3) the owner of a tract of land that divides the tract in any manner that creates at least one lot of five acres or less intended for residential purposes must have a plat of the subdivision prepared; (4) a commissioners court by order may require each subdivider of land to prepare a plat if none of the lots is five acres or less but at least one of the lots of the subdivision is more than five acres but not more than 10 acres; (5) notwithstanding any other law to the contrary, a political subdivision that has adopted the model subdivision rules under may impose the platting requirements of the municipal or county platting chapters in the Local Government Code, as applicable to a division of real property that is required to be platted or replatted by the provisions of the model rules; and (6) before an application for funds from the Texas Water Development Board may be considered by the board, if the applicant is located: (a) in a city, the city must adopt and enforce the model subdivision rules in accordance with this section; (b) in the extraterritorial jurisdiction of a city, the applicant must demonstrate that the model rules have been adopted and are enforced in the extraterritorial jurisdiction by the city or the county; or (c) outside the extraterritorial jurisdiction of a city, the county must adopt and enforce the model rules.

S.J.R. 4 (Hinojosa), Proposing a constitutional amendment providing for the issuance of additional general obligation bonds by the Texas Water Development Board. Passed the Senate.  (Companion bill is S.J.R. 25 by Hinojosa.)


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