First Special Session:  City-Related Bills Filed

 

FINANCE AND ADMINISTRATION

1H.B. 31 (Howard) – State Budget:  would provide that a state budget appropriation from the state’s Rainy Day Fund is an appropriation of state tax revenues dedicated by the Texas Constitution.

1H.J.R. 15 (Howard) – State Budget:  would amend the Texas Constitution to provide that a state budget appropriation from the state’s Rainy Day Fund is an appropriation of state tax revenues dedicated by the Texas Constitution.

1S.B. 14 (Ellis) – Taxes:  would: (1) require the comptroller to identify all state and local “tax preferences” and present a schedule to the Legislative Budget Board under which each tax preference is reviewed once during each 12-year period; and (2) require the Legislative Budget Board, not later than September 1 of each even-numbered year, to provide to the presiding officers of the Senate Finance Committee, or its successor, and the House Committee on Ways and Means, or its successor, a report on the reviews of tax preferences identified.

 

PUBLIC SAFETY

1H.B. 12 (Toth) – Firearms: would make certain findings related to provisions of the U.S. Constitution related to firearms and would enact the “Texas Firearm Protection Act.”  The Act would, among other things: (1) apply to the state, a city, a county, or a special district or authority; (2) prohibit an entity described by (1), above, from adopting a rule, order, ordinance, or policy under which the entity enforces, or by consistent action allows the enforcement of, a federal statute, order, rule or regulation enacted on or after January 1, 2013, that purports to regulate a firearm, firearm accessory, or firearm ammunition if the statute, order, rule or regulation imposes a prohibition, restriction or other regulation, such as capacity or size limitation, a registration requirement or a background check, that does not exist under the laws of this state; and (3) provide that an entity described by (1), above, may not receive state grant funds if the entity adopts a prohibited practice.

1H.B. 21 (Creighton) – Firearms: would provide that an officer or employee of the United States, this state, or a political subdivision of this state commits a Class A misdemeanor if the person, while acting under color of the person’s office or employment, intentionally or knowingly seizes a firearm as permitted or required by a federal statute, order, rule, or regulation that: (1) imposes a prohibition, restriction, or other regulation on firearms that does not exist under the laws of this state; and (2) violates the United States Constitution.

1H.B. 34 (Gooden) – Handguns:  would provide, among other things, that a municipal attorney who holds a concealed handgun license may, either in a concealed or open manner, carry a handgun in most places.

1S.B. 16 (Patrick) – Concealed Handguns:  would provide that: (1) a state agency or a political subdivision of the state may not provide notice by a sign described by Section 30.06, Penal Code (the provision governing notice by a sign to a concealed handgun license holder that carrying is not permitted in an area) or by any sign expressly referring to that law or to a concealed handgun license, that a license holder carrying a handgun is prohibited from entering or remaining on a premises or other place owned or leased by the governmental entity, unless the state agency or political subdivision is actually authorized to prohibit the license holder from that place; (2) a state agency or a political subdivision of the state that violates (1), above, is liable for a civil penalty of not less than $1,000 and not more than $1,500 for the first violation and not less than $10,000 and not more than $10,500 for the second or a subsequent violation; (3) each day of a continuing violation of (1), above, constitutes a separate violation; (4) a citizen of this state or a person licensed to carry a concealed handgun may file a complaint with the attorney general that a state agency or political subdivision is in violation of (1), above, and the attorney general must investigate and decide whether to take action on the complaint; (5) if legal action is warranted, the attorney general must give the chief administrative officer of the agency or political subdivision charged with the violation a written notice that  gives the agency or political subdivision fifteen days from receipt of the notice to remove the sign and cure the violation to avoid the penalty, unless the agency or political subdivision was found liable by a court for previously violating (1), above; (6) if the attorney general determines that legal action is warranted, and that the state agency or political subdivision has not cured the violation within the 15-day period, the attorney general or the appropriate county or district attorney may sue to collect the civil penalty provided by the bill and/or may filed a writ of mandamus or apply for other appropriate equitable relief; (7) sovereign immunity to suit is waived and abolished to the extent of liability created by the bill; and (8) the current law relating to carrying in a meeting is clarified to allow the state or a political subdivision the right to prohibit entry only into an actual room where an entity subject to the Open Meetings Act is meeting, rather than the entire building in which the meeting room is located.

 

UTILITIES AND ENVIRONMENT

1H.B. 24 (Larson) – Brackish Groundwater Desalination: would make various changes designed to encourage the development of brackish groundwater as a water source in certain areas. 

1H.B. 25 (Larson) – Aquifer Storage and Recovery: would make various changes to the permit process for the underground storage of water for later retrieval from an aquifer and beneficial use. 

 

TRANSPORTATION

1H.B. 20 (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.

1H.B. 22 (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.

1H.B. 29 (Phillips) – Transportation Funding:  would provide that, beginning in increments in 2015 and completed in 2024, the net 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.

1H.B. 35 (Phillips) – Transportation Funding:  would provide that the amount of the proceeds from the collection of the taxes imposed on the sale, storage, or use of new and used motor vehicle tires and new and used motor vehicle parts shall be deposited to the credit of the state highway fund.

1H.J.R. 10 (Phillips) – Transportation Funding:  would amend the Texas Constitution to provide that certain revenues from motor vehicle registration fees, taxes on motor fuels and lubricants and motor vehicle tires and parts, and certain revenues received from the federal government may be used only to construct and maintain highways.

1H.J.R. 11 (Pickett) – Transportation Funding: would limit the authority of the legislature to incur additional transportation funding debt.

1H.J.R. 13 (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.  

1H.J.R. 14 (Phillips) – Transportation Funding:  would provide that the net revenue derived from the state sales tax imposed on the sale of a motor vehicle sold in this state, minus certain school funding allocations, shall be deposited to the credit of the state highway fund.  (Note:  Please see H.B. 782, above.) (Companion bill is S.J.R. 20 by Nichols.) 

1S.J.R. 2 (Nichols/Williams) –Transportation Funding:  would amend the Texas Constitution to allow the state to use a portion of the oil and gas production tax for transportation purposes, rather than sending all those funds to the state’s Rainy Day Fund.   (Companion bill is 1H.J.R. 12 by Harper-Brown.)

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of this document without the written authorization of the Texas Municipal League.

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