As many of you know, the Texas 82nd Legislative Session adjourned on Monday, May 30, but lawmakers didn’t have long to reminisce as they were called back for *Special Session the following day. Gov. Rick Perry called a special session to address:
- Legislation relating to fiscal matters necessary for the implementation of HB 1 as passed by the 82nd Legislature, Regular Session, including measures that will allow school districts to operate more efficiently; and
- Legislation relating to healthcare cost containment, access to services through managed care, and the creation of economic and structural incentives to improve the quality of Medicaid services.
Last week, Governor Perry added congressional redistricting to the special session call and on Friday, he expanded the call to legislation relating to the operation of the Texas Windstorm Insurance Association.
Thank you to all that have contacted your legislator about important pieces of legislation throughout the session; your dedicated efforts have not gone unnoticed.
The Governor has until June 19 to sign or veto bills passed during the regular legislative session. This is why it’s critical to ensure that bills are not vetoed during this process. It is our duty to make sure our industry is heard, and SB 573 is great legislation. The Governor is receiving a lot of opposition. If you haven’t already, please take a few minutes to personalize the attached letter and send to Governor Perry. SB 573 passed the House and Senate and has been sent to the Governor for his signature. This important legislation provides relief to property owners who have been placed in CCN’s without notice and consent.
82nd Legislature Special Session #1
Total Bills Filed in the House: 82
Total Bills Filed in the Senate: 30
*A special session is usually to address emergency items as determined by the Governor. Any bill passed by the Legislature takes effect 90 days after its passage unless two-thirds of each house votes to give the bill either immediate effect or earlier effect. The Legislature, of course, may provide for an effective date that is after the 90th day. Under current legislative practice, most bills are given an effective date of September 1 in odd-numbered years (September 1 is the start of the state's fiscal year).
Four of the Governor’s five emergency items passed, and the issue of sanctuary cities remains an issue for special session.
The Governor’s Emergency Items:
- Abolish Sanctuary Cities - HB 12 - Relating to the enforcement of state and federal laws governing immigration by certain g overnmental entities: Not Passed
- Private Property Rights/Eminent Domain - SB 18 - Relating to the use of eminent domain authority: Effective on 9/1/11.
- Voter ID - SB 14 - Relating to requirements to vote, including presenting proof of identification; providing criminal penalties: Signed by the Governor.
- Requiring a Sonogram Prior to an Abortion - HB 15 - Relating to informed consent to an abortion: Effective on 9/1/11.
- Reform of Civil Remedies and Procedures - HB 274 - Relating to the reform of certain remedies and procedures in civil actions and family law matters: Effective on 9/1/11.
A special thank you to all of you that helped with the passage of these bills.
Indemnity
HB 2093 – Representative Senfronia Thompson – (D-Houston):
Relating to the operation and regulation of certain consolidated insurance programs.
The House concurred with Senate amendments to HB 2093, which includes provisions that void certain indemnification agreements in construction contracts. HB 2093 originated as a bill addressing Consolidated Insurance Programs, or CIPs, but was amended in the Senate to include the anti-indemnification provisions. Construction related to a "single family house, townhome, duplex or land development directly related thereto" is exempted from the anti-indemnity provisions in the bill, ensuring that one and two family construction can continue under current practices regarding indemnity and additional insured provisions. The bill is awaiting action by the Governor.
Last Action: Passed, sent to governor.
Property Owners’ Associations
HB 362 – Representative Burt Solomons (R-North Carrollton) and Representative Paul Workman (R-Austin): Relating to the regulation by a property owners' association of the installation of solar energy devices and certain roofing materials on property.
After much negotiating, HB 362, which allows a homeowner to install solar panels and certain roofing materials on the roof of their home passed both chambers and has been sent to the Governor. The bill also provides for a carve out during the developer control period. Additionally, SB 472, which ensures proper voting and election practices in a POA, has been sent to the Governor.
Last Action: Passed, sent to governor
Metal Recycling Entities
SB 694 – Senator Royce West (D-Dallas): Relating to the regulation of metal recycling entities; providing penalties. We are pleased that SB 694, which further regulates metal recycling entities, has been sent to the Governor. This bill revises the existing requirements for scrap metal recyclers by: expanding the list of regulated metals for recycling and providing a penalty for metal recyclers that operate without a valid license or permit; extends the time period that the metal recycler would have to maintain possession of an item from 72 hours to five days from the date of purchase; prohibits an unregistered recycler from purchasing regulated materials with cash; and provides offenses to metal recyclers for failure to register, failure to report purchase records to DPS, and knowingly buying stolen items.
Last Action: Passed, sent to the governor.
HB 274 – Support - Representative Brandon Creighton (R-Conroe): Relating to attorney's fees, early dismissal, expedited trials, and the reform of certain remedies and procedures in civil actions.
Last Action: Passed, effective on 9/1/11.
HB 8 – Support - Representative Drew Darby (R-San Angelo): Relating to prohibiting certain private transfer fees and the preservation of private real property rights; providing penalties. It would provide that a private transfer fee obligation would not be binding or enforceable against a subsequent owner or subsequent purchaser of an interest in real property except fees paid to a seller, real estate commissions, payments to a lender, payments made to a lessor under a lease, real estate transfer fees, governmental fees, payments owed to a property owner's association, or payments owed for a club membership related to the property.
Last Action: Passed, effective on 9/1/11.
HB 2605 – Support - Representative Larry Taylor (R-Friendswood): Relating to the continuation and functions of the division of workers' compensation of the Texas Department of Insurance.
Last Action: Passed, effective on 9/1/11.
*Sunset Legislation
These are a list of bills that fortunately died, and thanks to everyone for their efforts.
County Authority
SB 1816 – Senator Judith Zaffirini (D-Laredo): Relating to county and municipal land development regulation. SB 1816, which sought to regulate county and municipal land development by allowing political subdivisions to adopt Model Subdivision Rules and the ability to impose city or county platting requirements as applicable. This bill failed to pass on Sunday afternoon.
Last Action: Died
HB 1876 – Vicki Truitt (R-Keller): Relating to the authority of certain municipalities to require fire protection sprinkler systems in certain residences. Which will allow a municipality to hold an election giving it the authority to mandate expensive fire sprinklers in new one and two-family dwellings. If passed, this bill would effectively undo the actions of the 2009 Legislature prohibiting cities to mandate fire sprinklers in new and existing one and two-family dwellings. There were numerous witnesses testifying in opposition to this bill.
Last Action: Died
SB 1319 – Monitor - Senator Eddie Lucio (D-Brownsville): Relating to home loans that are not federally related mortgage loans.
Last Action: Died
SB 1459 – Monitor – Senator Chris Harris (R-Dallas)- Relating to prohibiting certain private transfer fees and the preservation of private real property rights.
Last Action: Died
SB 1363 – Oppose - Senator Eddie Lucio (D-Brownsville): Relating to county and municipal land development regulations; providing a penalty. This bill would result in an overwhelmingly large expansion of county authority that would severely obstruct economic development and a consumer’s access to homeownership.
Last Action: Died
SBs 1363, 1364 and Senate Joint Resolution 40- Senator Eddie Lucio (D-Browsnville): The bills would result in an overwhelmingly large expansion of county authority that would severely obstruct economic development and a consumer's access to homeownership. These bills and joint resolution were voted favorably from the Senate International Relations and Trade Committee.
SB 1442 – Monitor - Senator Florence Shapiro (R-Plano): Relating to the application requirements for a local project permit. The bill defines “fair notice” for local project permit purposes as the minimum amount of information necessary to enable a reasonably prudent person to understand the general nature and objective of a project.
Last Action: Died
SB 1364 – Oppose - Senator Eddie Lucio (D-Brownsville): Relating to authorizing certain border counties and municipalities in those counties to regulate land development.
Last Action: Died
HB 2328 – Oppose - Representative Ruth McClendon (D-San Antonio): Relating to the registration, monitoring, and investigation of and handling of funds by property owners' association boards. Among many issues it also requires POAs to register with the Office of Consumer Credit Commissioner and was voted out of the Business and Industry Committee today.
Last Action: Died
SENATE – On the 140th day of the Session, the Senators elected Senator Mike Jackson (R-LaPorte) as President Pro Tempore of the Texas Senate. He will serve as Governor of Texas at times when both the Governor and Lt. Governor are out of the state.
The legislation addresses the lack of liquidity in the Acquisition, Development & Construction (AD&C) loan market and allows banks to start lending again. The bipartisan legislation sponsored by Rep. Gary Miller (R-CA) and Rep. Brad Miller (D-NC). The legislation is co sponsored by those in our Houston Congressional Delegation including Congressman Al Green, Gene Green, and Congressman Ted Poe. The bill targets specific regulatory obstacles to credit availability for the home building industry. By directing federal banking regulators to issue new guidance specifically addressing key regulatory areas, this legislation will free lending institutions from the overly restrictive regulations that have resulted in the current lending crisis.
Please visit our website to review materials here. .
After you read up on the issue, ask your lawmaker to co-sponsor the bill or thank those that have offered their support and help the nation’s economy get back on its feet.
Please call them at 866-924-NAHB (6242) or email them here.
The Texas Legislature created the Sunset Advisory Commission in 1977 to identify and eliminate waste, duplication, and inefficiency in government agencies. The 12-member Commission reviews the policies and programs of more than 150 state agencies and questions the need for each agency; looks for duplication of other public services or programs; and considers changes to improve each agency's operations and activities. The Commission seeks public input through hearings on every agency under Sunset review and recommends actions on each agency to the full Legislature.
The Sunset safety net bill sets the sunset schedule for agencies to be reviewed by the Sunset Advisory Commission, and continues agencies if the agency’s sunset bill does not pass – SB 652. At the last minute, agencies added included the Railroad Commission (2013), Public Utility Commission (2013), Electric Reliability Council of Texas (2013), Office of Public Utility Counsel (2013), Port of Houston (2013), and Texas Windstorm Insurance Association (2013). SB 652 passed and was sent to the governor.
Coastal Coordination Council – SB 656, which abolishes the Coastal Coordination Council and transfers its functions to the General Land Office, was signed by the governor and will take effect on September 1, 2011.
Commission on State Emergency Communications – HB 1861, which continues the Commission on State Emergency Communications to 2023, passed and has been sent to the governor.
Department of Information Resources – HB 2499, which continues the Department of Information Resources until 2017 but transfers responsibility for information technology procurement to the comptroller, passed the House and Senate and will be sent to the governor.
Public Utility Commission – SB 661 passed the Senate but died on a point-of-order on the House floor. SB 652 continues the Public Utility Commission until 2013.
Racing Commission – HB 2271, which continues the Texas Racing Commission for six years and abolishes the Equine Research Account Advisory Committee, passed and has been sent to the governor.
Railroad Commission – SB 655, which would have renamed the Railroad Commission the Texas Oil and Gas Commission and made other changes to the commission, died in conference committee. SB 652 continues the agency until 2013.
Soil and Water Conservation Board – HB 1808, which continues the Soil and Water Conservation Board until 2023, has been signed by the governor and will take effect on September 1, 2011.
State Affordable Housing Corporation – HB 1818, which continues the Texas State Affordable Housing Corporation until 2023, has passed and been sent to the governor.
State Board of Examiners for Speech-Language Pathology and Audiology – SB 662, which continues the State Board of Examiners for Speech-Language Pathology and Audiology administratively attached to the Department of State Health Services Professional Licensing and Certification Unit until 2017, passed and has been sent to the governor.
Texas Commission on Environmental Quality – HB 2694, which continues the Texas Commission on Environmental Quality and the Texas On-site Wastewater Treatment Research Council until 2023, passed and will be sent to the governor.
Texas Department of Housing and Community Affairs – HB 2608, which continues the functions of the Texas Department of Housing and Community Affairs until 2023, passed and will be sent to the governor.
Texas Department of Insurance – HB 1951, which continues the Texas Department of Insurance until 2023, passed and will be sent to the governor.
Office of Public Insurance Counsel – SB 647, which continues the operation of the Office of Public Insurance Counsel to 2023, passed and has been sent to the governor.
Division of Workers Compensation at Texas Department of Insurance – HB 2605, which continues the functions of the division of workers’ compensation of the Texas Department of Insurance until 2017, passed and will be sent to the governor.
Workers’ Compensation Injured Employee Counsel - HB 1774, which continues the functions of the office of injured employee counsel under the workers’ compensation program until 2017, passed and has been sent to the governor.
Texas Department of Transportation – SB 1420, which continues the functions of the Texas Department of Transportation to 2015, passed the Senate and House and will be sent to the governor. House sponsor, Linda Harper-Brown (R-Irving) said, “SB 1420 establishes a strong framework that will enable an improved TxDOT to meet the transportation needs of our state. This bill includes key measures to restore trust, accountability, and responsiveness at the Department of Transportation. The bill maintains the current five-member, governor-appointed Transportation Commission and continues the Department for four more years, until 2015. Major provisions of the bill to strengthen TxDOT’s internal controls to improve accountability and transparency include requiring the Chief Financial Officer to ensure the Department’s financial activities are conducted in a transparent and reliable manner, including certifying that contracts won’t create a state liability that is greater than the department’s cash flow forecast; strengthening lobby prohibitions for TxDOT, including prohibiting the department from spending any of its appropriated money to select, hire, or retain a lobbyist; requiring TxDOT to complete a detailed, independent financial audit prior to each of the department’s future sunset reviews; implementing an enhanced complaint tracking system, including an opportunity for individuals to provide input online; and establishing a compliance program to prevent breaches of departmental policy, fraud, waste, and abuse of office, including acts of criminal conduct within the department. This program will also oversee the ethics hotline. The bill also improves the functions carried out by the department with an expedited environmental review process; a comprehensive, transparent planning system for projects; design-build contracting for highway projects; the transfer of oversight of oversize and overweight permitting from TxDOT to the Department of Motor Vehicles; and the authorization of specific Comprehensive Development Agreement projects that have gained local support.”
Texas Public Finance Authority – HB 2251, which continues the functions of the Texas Public Finance Authority until 2023, passed and has been sent to the governor.
Texas Forest Service – SB 646, which continues the functions of the Texas Forest Service until 2023, has been signed by the governor and will take effect on September 1, 2011.
Texas Youth Commission (new Texas Juvenile Justice Department) – SB 653, which abolishes the Texas Youth Commission and the Texas Juvenile Probation Commission and transfers the powers and duties of those agencies to a new Texas Juvenile Justice Department and continues the new agency until 2017, has been signed by the governor and will take effect on September 1, 2011.Water Development Board – SB 660, which continues the Texas Water Development Board to 2023, passed and will be sent to the governor.
Two men are facing charges after an incident Monday, June 6, at Moody Park on the city's north side. Parks Department Deputy Director Mark Ross says a citizen called police after spotting two men vandalizing a light fixture.
"They were actually stripping wire out of the lights. I mean, that's copper, it costs a lot of money. It takes us time and material to replace. We have a rash of this on occasion because they use that copper for scrap and get money for it."
Ross says they've had problems in the past with thieves stealing lines from air conditioning units and even flashing off buildings. What made the Moody Park theft so brazen is that it was in broad daylight. Broken light fixtures can cost thousands of dollars to replace, and Ross says with a tight city budget they're counting on citizens to help keep an eye on things.
"Citizens are our best defense. Eyes and ears that live across from the parks or nearby can see things that sometimes just don't look quite right."
Ross says if you see a theft in progress, call Houston police. If you need to report a broken fixture you can call 3-1-1.
Houston saw year-over-year growth of 51,000 nonagricultural jobs from April 2010 to April 2011, putting it No. 2 in the nation behind Dallas.
The two metropolitan areas have added 134,200 nonfarm jobs in the past 12 months, according to figures released Wednesday by the U.S. Bureau of Labor Statistics. That’s the equivalent of 368 new jobs every day.
Dallas-Fort Worth added 83,100 nonfarm jobs.
Rounding out the top five are the Chicago (37,100 nonfarm jobs), Los Angeles (36,200) and Washington (25,700) markets.
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