The Texas Legislature is working feverishly into the 18th week of regular session, as already a few deadlines have elapsed. The final House calendar for Thursday must be set. House bills that have not been reported from committee are no longer eligible for further consideration.
Other procedural deadlines include: midnight on Thursday is the last day a non-local House bill can pass the House on Second Reading. If a non-local House bill is not set on the calendar by Thursday, or if it does not pass the House by midnight Thursday, it is dead.
Last Wednesday, May 4, the Senate approved its version of HB 1, the state budget for 2012-2013 in a vote along party lines 19-12. The Senate has sent the bill back to the House and on to conference committee that will reconcile the two proposals before being sent to the Governor's desk. Senate Finance Chairman Steve Ogden (R-Bryan), said his committee's $176.5 billion budget reflects the will of the Legislature and the people of Texas because it cuts about $11 billion in state spending and restores House cuts to funding for education and health services — all without raising taxes.
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.
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: On April 26, SB 573 was passed in the Senate, and was referred to House Natural Resources. Posting rule suspended on May 9, 2011.
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 scheduled for a hearing on May 10 in House Pensions, Investments & Financial Services.
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 scheduled for a public hearing on May 10 in House Human Services.
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: Passed in the Senate and scheduled for a hearing on May 10 in House Pensions, Investments & Financial Services.
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 the link below to log in and send your message:
http://www.votervoice.net/link/target/txba/KEiRFftB.aspx
Last Action: This bill was placed on April 29 on the Senate Intent Calendar and 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.
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 referred to Border and Intergovernmental Affairs.
HB 1168 – Monitor – Representative Doug Miller (R-New Braunfels): Relating to smoke alarms and fire extinguishers in residential rental units. Passed in the House and heard in Senate Administration on Monday, May 9.
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.
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 in the House on May 3. Referred to Senate Business and Commerce on May 9.
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. Referred to Senate Government Organization and will be heard on May 9.
*Sunset Legislation
HB 44 – Monitor - 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.
AUSTIN — Standard & Poor's gave Texas government bonds an AA+ rating on Thursday and said the state's economy will likely recover quicker than most other states.
The rating determines what interest the state pays and is just short of the top AAA rating. It tells investors that Texas has a very strong capacity to meet its financial obligations.
S&P analysts praised Texas for strong cash-management practices. However, the rating agency warned that the current budget crisis and future demands to pay for public schools could create problems later.
S&P said Texas was unlikely to receive the top AAA rating because lawmakers have not addressed a structural deficit created by an underperforming business tax. The business tax was changed in 2006 and it has failed to meet expected revenue targets ever since.
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.
- 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 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.
The upcoming election on May 14 for many Houston area municipalities is fast approaching. If you have any questions about who, when, or where, please visit your municipality's website for a sample ballot. Please do not hesitate to contact Maggie Yancey, at the GHBA, if there is any further question. The GHBA is actively engaged with local municipalities, the surrounding counties and at the national level. If you become aware of an issue or item of interest, please contact Maggie Yancey, GHBA Government Affairs and Communications Specialist at myancey@ghba.org or call (281) 970-8970 x142
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