SIGNIFICANT FLOOR ACTIONS
H.B. 12 (Solomons), Relating to the enforcement of state and federal laws governing immigration by certain governmental entities. Passed the House. As passed, the bill would provide that: (1) a city may not adopt a rule, order, ordinance, or policy under which the city prohibits the enforcement of state or federal laws relating to immigration; (2) a city may not prohibit a person employed by or otherwise under the direction of the city from: (a) inquiring into the immigration status of a person who is arrested or lawfully detained; (b) sending information to, or receiving information from, United States Citizenship and Immigration Services or United States Immigration and Customs Enforcement, or exchanging that information with another federal, state, or local governmental entity; (c) assisting a federal immigration officer as needed; or (d) permitting a federal immigration officer to conduct enforcement activities at a municipal jail; (3) a city may not consider race, color, language, or national origin while complying with immigration laws, except to the extent permitted by the United States Constitution or the Texas Constitution; (4) a city cannot receive state grant funds if it adopts a rule, order, ordinance, or policy prohibiting the enforcement of state or federal laws relating to immigration, or prohibits of enforcement of the laws by consistent action; (5) a citizen may file a complaint with the attorney general if the city is not complying with these requirements; and (6) if the attorney general believes that a complaint against a city is valid, the attorney general may file a petition for writ of mandamus or other relief to compel a city to comply with (1), above. (Companion bill is S.B. 11 by Williams.)
H.B. 274 (Creighton), Relating to attorney’s fees, early dismissal, expedited trials, and the reform of certain remedies and procedures in civil actions. Passed the House.
H.B. 628 (Callegari), Relating to contracts by governmental entities and related professional services and to public works performance and payment bonds. Passed the House.
H.B. 961 (Turner), Relating to the sealing of and restricting access to juvenile records of certain misdemeanor convictions of a child. Passed the House. As passed, the bill would require that all records and files and information stored by electronic means or otherwise, relating to a child who is convicted of and has satisfied the judgment for a fine-only misdemeanor offense other than a traffic offense be confidential and not disclosed to the public except under certain circumstances.
H.B. 1178 (Flynn), Relating to employment protection for members of the state military forces. Passed the House.
H.B. 1604 (Guillen), Relating to the regulation of subdivisions in counties, including certain border and economically distressed counties. Passed the House. As passed, the bill would make various changes to county subdivision laws. Of particular interest to cities, the bill would provide that, before an application for funding from the Texas Water Development Board may be considered by the board, if the area for which the funds are proposed to be used is located: (1) in a city, the city must adopt the model subdivision rules; (2) in the extraterritorial jurisdiction of a city, the applicant must demonstrate that the model rules have been adopted and are enforced in the extraterritorial jurisdiction by either the city or the county.
H.B. 1616 (Geren), Relating to the reporting or providing of information, including information relating to political contributions, political expenditures, and personal financial information, by public servants, political candidates and committees, and persons required to register under the lobby registration law, and to complaints filed with and the functions of the Texas Ethics Commission. Passed the House.
H.B. 1649 (Marquez), Relating to the enforcement of building code standards for new residential construction in the unincorporated area of a county. Passed the House. As passed, the bill would: (1) expand county authority with regard to building code enforcement and fees in the unincorporated area of the county; and (2) provide that an electric, gas, water, or sewer service utility may not serve or connect new residential construction in that area unless the utility receives a certificate issued by the commissioners court that states that the new residential construction meets all applicable county building codes. (Companion bill is S.B. 861 by Rodriguez.)
H.B. 1985 (S. Turner), Relating to municipal court. Passed the House. As passed, the bill would: (1) limit the ability of the state to revoke the city’s ten percent part of the court costs, fees, and fines remitted to the state to only cases where there is a conviction; (2) extend the time period during which a city may reestablish compliance with the rules regarding remitting court costs, fees, and fines to the state before the city is barred from collecting a service fee from those funds; and (3) require a city to immediately notify the Department of Public Safety when there is no cause to continue to deny renewal of a person’s driver’s license based on the person’s previous failure to appear or failure to pay or satisfy a judgment.
H.B. 2127 (Geren), Relating to the municipal regulation of the discharge of firearms and certain other weapons in certain counties. Passed the House.
H.B. 2237 (Lyne), Relating to the taxation and titling of certain off-road vehicles. Passed the House. (Companion bill is S.B. 1280 by Estes.)
H.B. 2651 (Allen), Relating to the eligibility of visitors to use certain public transportation services for people with disabilities. Passed the House.
H.B. 2663 (Chisum), Relating to the effect of rules and standards adopted by the Railroad Commission of Texas relating to the liquefied petroleum gas industry on ordinances, orders, or rules adopted by political subdivisions relating to that industry. Passed the House. As passed, the bill would provide that: (1) the rules and standards promulgated and adopted by the Railroad Commission preempt and supersede any ordinance, order, or rule adopted by a political subdivision relating to any aspect or phase of the liquefied petroleum gas industry; but (2) on approval of the commission, a political subdivision may adopt or enforce an ordinance, order, or rule relating to any aspect or phase of the LPG industry that would otherwise be preempted and superseded by a rule or standard promulgated and adopted by the commission.
H.B. 2902 (Zerwas), Relating to the release of extraterritorial jurisdiction by certain general-law municipalities. Passed the House.
H.B. 3391 (D. Miller), Relating to rainwater harvesting and other water conservation initiatives. Passed the House.
H.B. 3396 (Hernandez Luna), Relating to the prosecution of and punishment for the offense of breach of computer security. Passed the House. As passed, the bill would: (1) increase the penalty for the offense of breach of computer security if the breach involves a government-owned computer facility or a critical infrastructure facility; (2) provide that is a breach of computer security offense to obtain, with the requisite intent, the “indentifying information” of another by accessing a computer or computer network or system; (3) provide for a defense to prosecution for a breach of computer security offense if the person is facilitating a lawful seizure or search of, or lawful access to, a computer for a legitimate law enforcement purposes.
S.B. 1073 (Jackson), Relating to standards for a structure that is connected to a public water supply system and has a rainwater harvesting system. Passed the Senate. As passed, the bill would allow a rainwater harvesting system to be connected to the public water supply.
S.B. 1087 (Carona), Relating to state-issued certificates of franchise authority to provide cable service and video service. Passed the House.
S.B. 1529 (Hinojosa), Relating to the date by which law enforcement agencies must report arrests to the Department of Public Safety. Passed the Senate.
S.B. 1583 (Ogden), Relating to state fiscal matters related to law enforcement and criminal justice. Passed the Senate. As passed, the bill would – among many other things – provide that: (1) an insurer shall pay to the authority a fee equal to $2 multiplied by the total number of motor vehicle years of insurance for insurance policies delivered, issued for delivery, or renewed by the insurer, to be paid to the state Automobile and Burglary Theft Prevention Authority; and (2) until 2013, fifty percent of each fee collected under (1) shall be appropriated only to the authority.
S.B. 1693 (Carona), Relating to periodic rate adjustments by electric utilities. Passed the House. As passed, the bill would – among other things – provide that: (1) a periodic rate adjustment approved under the bill may not include indirect corporate costs, or capitalized operations and maintenance expenses; and (2) the Public Utility Commission shall conduct a study of the adjustment mechanism established by the bill, including cost savings if any realized by all parties.
S.B. 1829 (Wentworth), Relating to excluding certain entities from the definition of a governmental body for the purposes of the public information law. Passed the Senate. As passed, the bill would provide that, notwithstanding any other law, a chamber of commerce or nonprofit corporation that provides economic development services to a governmental body is subject to the Public Information Act only with respect to information that the chamber of commerce or nonprofit corporation collects, assembles, or maintains and that relates to public funds received by the chamber of commerce or nonprofit corporation and paid to or for the benefit of a public employee or other public official, or a group of such public employees or other public officials.
S.B. 1866 (Davis), Relating to the selection of providers of professional services by governmental entities. Passed the Senate. Passed, the bill would provide that, unless inconsistent with the criteria relating to qualifications of a professional service provider: (1) in selecting a provider of professional services, a governmental entity – including a city – may consider the impact on the ability of the entity to comply with laws, rules, and policies of the entity relating to historically underutilized and/or minority businesses, the entity’s small business development program, or another contracting program approved by the entity, if any; and (2) the entity may also consider the provider’s or group or association of providers’ principal place of business if, in the entity’s governing body’s judgment, the location of the principal place of business will impact the most efficient and economical provision of the services.