SIGNIFICANT FLOOR ACTIONS

H.B. 4 (Pitts), Relating to making supplemental appropriations and giving direction and adjustment authority regarding appropriations.  Passed the House.  As passed, the bill would would reduce appropriations to state agencies by approximately $1.13 billion.

H.B. 571 (Huberty), Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality.  Passed the House.  As passed, the bill would place new registration, inspection, and reporting requirements on aggregate quarries, as well as creating fees and enforcement authority through the Texas Commission on Environmental Quality. (Note:  The bill’s author read a statement of legislative intent on the House floor that the bill is not meant to preempt municipal regulations.)

H.B. 805 (Callegari), Relating to the requirement that certain water service providers ensure emergency operations during an extended power outage.  Passed the House.

S.B. 121 (Ellis), Relating to photograph and live lineup identification procedures in criminal cases.  Passed the Senate. 

S.B. 160 (Williams), Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality.  Passed the Senate.  (Please see H.B. 571, above.) 

S.B. 209 (Zaffirini), Relating to the supervision of certain juvenile case managers.  Passed the Senate.

S.B. 244 (Patrick), Relating to the continuing education requirements for certain peace officers.  Passed the Senate.

S.B. 315 (Carona), Relating to the agencies and entities responsible for compiling and maintaining information pertaining to criminal combinations and criminal street gangs.  Passed the Senate.

S.B. 361 (Duncan), Relating to indemnification provisions in construction contracts.  Passed the Senate.

S.B. 432 (Jackson), Relating to the penalty for failure to make a timely installment payment of ad valorem taxes on property in a disaster area.  Passed the Senate.

S.B. 520 (Hegar), Relating to the creation, administration, powers, and duties of a county assistance district.  Passed the Senate.

S.B. 542 (Hegar), Relating to the regulation of law enforcement officers by the Commission on Law Enforcement Officer Standards and Education.  Passed the Senate.

S.B. 551 (Williams), Relating to liability for interest on ad valorem taxes on improvements that escaped taxation in a previous year.  Passed the senate.

S.B. 642 (Seliger), Relating to optional annuity increases for certain retirees and beneficiaries of the Texas Municipal Retirement System.  Passed the Senate.

S.B. 655 (Hegar), Relating to the abolition of the Railroad Commission of Texas, the creation of the Texas Oil and Gas Commission, and the transfer of the powers and duties of the railroad commission to the oil and gas commission.  Passed the Senate.

S.B. 760 (West), Relating to the term of interlocal contracts.  Passed the Senate.  As passed, the bill would provide that an interlocal contract between cities or counties may have a specified term of years.

S.B. 779 (Whitmire), Relating to a central database containing information about certain persons who have been convicted of or received a grant of deferred adjudication for certain offenses involving animal cruelty.  Passed the Senate.

S.B. 875 (Fraser), Relating to compliance with state and federal environmental permits.  Passed the Senate.  (Please see article elsewhere in this issue.)

S.B. 1034 (Watson), Relating to the date of the general election of certain municipalities.  Passed the Senate.  As passed, the bill would provide that the governing body of a political subdivision, other than a county, that holds its general election for officers on a date other than the November uniform election date may, not later than December 31, 2012, change the date on which it holds its general election for officers to the November uniform election date.

S.B. 1087 (Carona), Relating to state-issued certificates of franchise authority to provide cable service and video service.  Passed the Senate.  As passed, the bill would provide that: (1) beginning September 1, 2011, a cable service provider or video service provider that was not allowed to or did not terminate a municipal franchise under the current state franchise law (S.B. 5 (2005)) may elect to terminate that franchise and seek a state-issued certificate of franchise authority for the area served under the municipal franchise by providing written notice to the Public Utility Commission and the affected city before January 1, 2012; (2) a cable service provider that elects to terminate an existing municipal franchise is responsible for remitting to the affected city before the 91st day after the date the municipal franchise is terminated any accrued but unpaid franchise fees due under the terminated franchise; (3) a city may review the business records of a cable service provider or video service provider to the extent necessary to ensure compensation in accordance with a state-issued franchise; (4) if a city uses the one-percent public, education, and governmental (PEG) channel fee for a purpose that is not authorized by federal law, the fees are chargeable as a credit against the state-issued franchise fee payments; (5) a city that receives PEG fees: shall follow detailed accounting procedures; (6) once a local franchise is terminated under the bill, cable services to community public buildings, such as municipal buildings and public schools, no longer have to be provided; (7) on the expiration or termination of a local franchise agreement, a provider that provides such services may deduct from the franchise fee to be paid to the city an amount equal to the actual incremental cost of the services if the city requires the services after that date; (8) where technically feasible, the holder of a state-issued certificate of franchise authority that is not an incumbent cable service provider and an incumbent cable service provider, including an incumbent cable service provider that holds a state-issued certificate of franchise authority issued after terminating pursuant to the bill, shall use reasonable efforts to interconnect their cable or video systems for the purpose of providing PEG programming; and (9) the bill takes effect only if H.B. 259 or H.B. 3675 or similar legislation is enacted and becomes law that imposes an assessment on providers of subscription video services and allows subscription video service providers to claim a credit against the assessment for fees paid to cities pursuant to a municipal franchise or state-issued certificate of franchise authority and provides that at least 25 percent of the revenue generated by the state assessment on providers of subscription video services be distributed to cities and counties.  

S.B. 1097 (Eltife), Relating to single certification in incorporated or annexed areas served by water or sewer utilities.  Passed the Senate.  As passed, the bill would modify the law allowing a city to obtain single certification to provide water service in an annexed area to allow the city to obtain the certificate for that area from a water and sewer utility.

S.B. 1187 (Watson), Relating to the effect of indexing notices of lis pendens.  Passed the Senate.

S.B. 1518 (Eltife), Relating to the powers and duties of the Texas Historical Commission.  Passed the Senate. 

S.J.R. 26 (West), Proposing a constitutional amendment authorizing the legislature to allow cities or counties to enter into interlocal contracts with other cities or counties without the imposition of a tax or the provision of a sinking fund.  Passed the Senate.  As passed, the bill would provide that, to increase efficiency and effectiveness to the greatest extent possible, the legislature may authorize cities to enter into interlocal contracts with other cities or counties without meeting the assessment and sinking fund requirements currently required by the constitution.


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No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the
Texas Municipal League.

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