While the final countdown is fast approaching, the fate of a 'Special' session is resonating with lawmakers as more of a likely reality. In a legislature, a special session is a period when the body convenes outside of the normal legislative session. A special session is usually to address emergency items as determined by the Governor. The emergency items declared for the 82nd Legislative Session include voter ID, sanctuary cities, sonograms for women getting abortions, a federal balanced budget amendment or eminent domain protection.
The status of those emergency items:
- Private Property Rights/Eminent Domain - SB 18 has passed the Senate and House and been sent to the governor.
- Abolish Sanctuary Cities - HB 12 passed the House but the Senate Transportation and Homeland Security Committee voted 8-0 to replace the entire bill with another one, SB 9. SB 9 addresses a wide range of homeland security issues.
- Voter ID - SB 14 has passed the Senate and House, the conference committee report has been filed, and both chambers have adopted it. The bill has now been sent to the governor.
- Balanced Budget Amendment to the U.S. Constitution - SJR 1 has passed the Senate and been referred to the House Select Committee on State Sovereignty. HCR 18 has passed the House, been reported favorably from the Senate State Affairs Committee and recommended for the Local and Uncontested calendar.
- Requiring a Sonogram Prior to an Abortion - HB 15 has passed the House and Senate, and the House concurred in Senate amendments sending the bill to the governor.
- Reform of Civil Remedies and Procedures - HB 274 has passed the House and is pending in the Senate State Affairs Committee.
Last Thursday marked the end of the road for many House bills not been reported from committee, which lost elligibility for further consideration. However, while they may not be bills, they can resurface as amendments. Typically, only about 20 percent of the 8,000 bills filed each session pass into law. And if budget negotiations remain open, any fiscal measure like gaming bills still have a window. The regular legislative session ends May 30. All Senate bills must gain preliminary House approval by midnight May 24.
Senate Finance Chairman Steve Ogden, (R-Bryan) and House Appropriations Chairman Jim Pitts (R-Waxahachie) admitted last Friday, that a special session may be eminent to resolve the budget and public education funding and reform.
GHBA understands the importance of closely monitoring bills of interest and has been working to ensure our industry is protected. The bill watch is a summary of state legislation that has been brought to our attention, and we are actively working with legislators to fine-tune or help move along through the process.
SB 238 – Support - Senator Royce West (D-Dallas): Relating to the regulation by a property owners' association of the installation of solar energy devices on property. It would prohibit a property owners' association from enforcing provisions in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device. The committee substitute was adopted and it passed on the Local and Uncontested calendar.
Last Action: Passed out of the Senate Committee on Intergovernmental Relations and referred to House Business and Industry Committee on April 4. Reported favorably w/o amendment(s) on May 4. Committee report distributed on May 10
SB 573 – Support - Sen. Robert Nichols (R-Jacksonville), Sen. Mario Gallegos (D-Houston), Sen. Dan Patrick (R-Houston): Relating to certificates of public convenience and necessity for water or sewer services. SB 573 will allow an owner of property greater than 25 acres in Harris, Tarrant, Dallas, Travis, Bexar and all counties immediately adjacent to those counties, and Smith County, who are not currently receiving service from holder of a Certificate of Convenience and Necessity ("CCN") to be removed from the CCN area. Opposition to the bill includes rural water systems and investor-owned utilities.
Last Action: Passed the Senate on April 26. Reported favorably as substituted out of House Natural Resources Committee on May 12.
SB 1319 – Monitor - Senator Eddie Lucio (D-Brownsville): Relating to home loans that are not federally related mortgage loans.
Last Action: Passed in the Senate and reported favorably from House Pensions, Investments & Financial Services on May 17.
SB 63 – Support – Senator Judith Zaffirini (D-Laredo): Relating to the creation of the individual development account program to provide savings incentives and opportunities for eligible persons to pursue home ownership, postsecondary education, and business development.
Last Action: Passed in the House and Reported favorably w/o amendment(s) out of House Human Services on May 12.
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: Left pending in Senate Business &Commerce on May 10.
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. Please take action as soon as possible by using the prepared letter and sending it to your Senator urging them to oppose SB 1363. Be sure to enter your name, city and occupation where indicated in the document. Below you will find a link to the grassroots action center where you will be able to log in and send your letter. Click here to log in and send your message.
Last Action: This bill was placed on April 29 on the Senate Intent Calendar then since removed. On May 13, thankfully it was not again placed on intent calendar. Senator Lucio is working to get the votes needed to have it brought up for debate on the Senate floor. On May 3, Senator Lucio added Senators Hinojosa and Uresti as co-authors. Senator Rodriguez was an already existing co-author.
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. The next step in the process is for these bills and joint resolution to be debated on the Senate floor.
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: Passed in the Senate on April 21, and referred to the House Land and Resource Management on April 26.
SB 142 – Support - Senator Royce West (D-Dallas) – Omnibus POA Bill: Relating to the operation of property owners' associations. West's SB 142 addresses issues such as board meetings, association records, foreclosure and priority of payments to increase transparency to homeowners and create a standard of "best practices" for the industry.
Last Action: Passed in the Senate on April 5, and referred to House Business and Industry on May 2. On May 11, SB 142 was reported favorably as substituted out of House Business & Industry. Waiting to be heard on the House floor.
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: SB 1363 was reported favorably without amendments out of International Relations and Trade on April 5, and was voted out of the Senate on April 14, 2011. The bill has been received from the House and was left pending in House Border and Intergovernmental Affairs on May 11.
HB 1168 – Monitor – Representative Doug Miller (R-New Braunfels): Relating to smoke alarms and fire extinguishers in residential rental units.
Last Action: Passed in the House on April 26. Passed in the Senate on May 19.
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: Reported favorably out of Judiciary & Civil Jurisprudence Committee as substituted and passed in the House on May 9. Left pending in Senate State Affairs on May 16.
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: Bill passed the House on May 4, and was reported favorably as substituted out of Senate Business and Commerce on May 16.
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 out of the House on April 19, and received by the Senate April 20. Reported favorably as substituted out of Senate Government Organization on May 16.
*Sunset Legislation
HB 44 – Representative Jose Menendez (D-San Antonio): Relating to the authority of a property owners' association to regulate the use of certain lots for residential purposes.
Last Action: Voted out of House Business and Industry on March 30. Voted out of the House on April 19. The bill has been received from the Senate and referred to Senate Intergovernmental Affairs on April 26.
HB 1933 – Support - Representative Wayne Smith (R-Baytown), Representative Harold Dutton (D-Houston), Representative Byron Cook (R- Corsicana): Relating to the regulation of metal recycling entities; providing penalties.
Last Action: Passed in the House on April 27 and received by the Senate.
HB 2262 – Support - Representative Harold Dutton (D-Houston): Relating to periodic reauthorization of municipal building permit fees.
Last Action: Reported favorably as substituted out of House Urban Affairs on May 2.
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: Committee substitute passed out of House Business and Industry on April 13 and Committee report sent to Calendars on April 20.
(HAR's Real Estate Center Online News) - Houston’s office and industrial markets are recovering more quickly than expected, according to the Houston Association of Realtors' quarterly market research.
The office market fared well in first quarter 2011, especially Class-A space, which had a positive absorption of 203,564 sf. Overall negative net absorption was 64,608 sf.
The industrial market is stabilizing, with a negative absorption of only 34,621 sf.
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 the following materials.
- Text of the AD&C legislation;
- Section by section analysis of the bill;
- Talking points on the bill; and
- List of original co-sponsors of the bill.
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 at www.capitolconnect.com/builderlink.
A revised proposal to create two new Houston City Council district seats was voted on by council Wednesday. The U.S. Department of Justice has ordered the City of Houston to add two city council members to keep up with the population growth.
Two new city council members in basically the same area means redrawing the district lines. The first map proposed by Mayor Parker's committee drew a chorus of protests from the Houston Hispanic community. The group complained the map did not reflect the increasing Hispanic population and would have diminished their political clout.
The Mayor's committee returned to the redistricting drawing board and developed a map that would have four majority Hispanic districts, two majority African American district, one heavily Asian one and three with white majorities.
The revised proposal sets the table for the election of a third Hispanic official when the expanded 17-member body, including the mayor, is chosen by voters in November.
A coalition of Latino leaders lobbied Mayor Annise Parker to revise her initial redistricting plan to fashion a new district centered on heavily Hispanic neighborhoods in Sharpstown and Gulfton along U.S. 59 outside the West Loop. In the original plan, District J would have been a mostly inside-the-loop, Anglo-dominated district.
The other new district, K, in far southwest Houston, will likely be controlled by African-American voters.
Mayor Parker intends for the revised plan to pay off in more Hispanics on City Council.
Please find the city's revised redisticting map here.
Texas is one of 13 states leading the way in possessing the tools needed to help decision makers choose more cost-effective transportation funding and policy options, according to a new report released by the Pew Center on the States and Rockefeller Foundation.
The report, "Measuring Transportation Investments: The Road to Results," is part of a 50-state assessment of transportation systems, measuring whether goals, performance measures and data needed are in place to help decision makers ensure their surface transportation systems are advancing economic growth, mobility, access and other key policy outcomes.
States use an array of performance measures to assess the ease in which travelers move between destinations.
The Texas Department of Transportation utilizes an online tool referred to as "TxDOT Tracker" that presents and explains data on a number of core mobility measures, including a statewide congestion index, large and small urban area travel delays, and costs of congestion delays.
"Hopefully, this is a signal we are moving in the right direction with recent changes we made to improve transportation in Texas," said Amadeo Saenz, TxDOT executive director. "Transportation can be a complex subject and we will continue to work to make it easier for all to understand."
It is vital that states identify clear goals and performance measures and put useful data in place to generate that information, to ease the process for policy makers to prioritize transportation investments effectively, target scarce resources, and help foster economic growth.
The research focused on six important and widely accepted goals for states’ transportation policies and investments: Safety, jobs and commerce, mobility, access, environmental stewardship, and infrastructure preservation.
States were rated according to three levels--leading the way, having mixed results or trailing behind--for each of the six goals.
The report can be found at: http://bit.ly/jQLFB4.
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 bills" are considered to be must-pass legislation. The agencies under review that must be renewed by the legislature or they are discontinued:
- The Sunset safety net bill to continue an agency if the agency's sunset bill does not pass - SB 652, has passed the Senate and has been reported favorably from the House State Affairs Committee.
- Coastal Coordination Council - SB 656 which abolishes the Coastal Coordination Council and transfers its functions to the General Land Office has been sent to the governor.
- Commission on State Emergency Communications - HB 1861 has passed the House, been reported from committee in the Senate and recommended for the Senate Local and Uncontested calendar.
- Department of Information Resources - HB 2499 has passed the House, been reported favorably from the Senate Government Organization Committee, and is on the Senate Intent calendar.
- Public Utility Commission - SB 661 has passed the Senate and is pending in the House State Affairs Committee.
- Racing Commission - HB 2271has passed the House and Senate. It is on the items eligible calendar for the House to determine whether to concur in Senate amendments or request a conference committee.
- Railroad Commission - SB 655 would rename the Railroad Commission the Texas Oil and Gas Commission. It has passed the Senate and the House. The Senate can either concur in House amendments or request a conference committee.
- Soil and Water Conservation Board - HB 1808 has passed the House and Senate and been sent to the governor.
- State Affordable Housing Corporation - HB 1818 has passed the House and is in the Senate Government Organization Committee. SB 649 has passed the Senate and is in the House Urban Affairs Committee.
- State Board of Examiners for Speech-Language Pathology and Audiology - SB 662 has passed the Senate and been reported favorably from the House Public Health Committee.
- Texas Commission on Environmental Quality - HB 2694 has passed the House and Senate. The House can concur in Senate amendments or request a conference committee.
- Texas Department of Housing and Community Affairs - HB 2608 has passed the House and is scheduled for a hearing in the Senate Government Organization Committee on Monday.
- Texas Department of Insurance - HB 1951 has passed the House and is in the Senate Government Organization Committee.
- Office of Public Insurance Counsel - SB 647 has passed the Senate and House. The Senate can concur in House amendments or request a conference committee.
- Division of Workers Compensation at Texas Department of Insurance - HB 2605 has passed the House and been reported out of the Senate Government Organization Committee.
- Workers' Compensation Injured Employee Counsel - HB 1774 has passed the House and been voted out of the Senate Government Organization Committee.
- Texas Department of Transportation - SB 1420 has passed the Senate and House and is in a conference committee.
- Texas Public Finance Authority - HB 2251 has passed the House, been reported favorably from the Senate Government Organization Committee, and recommended for the Local and Uncontested calendar.
- TexasForest Service - SB 646 has been signed by the governor.
- Texas Youth Commission (new Texas Juvenile Justice Department) - SB 653 has been sent to the governor.
- Water Development Board - SB 660 has passed the Senate and has been voted favorably from the House Natural Resources Committee.
To review the schedule or for all other information related to the Sunset Commission, please click here.
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