Second Special Session:  City-Related Bills Filed

 

ELECTIONS 

2S.B. 37 (Patrick) – Elections: would among other things, change certain election dates as follows: (1) move the general primary election date to the first Tuesday in February in each even number year; (2) move the runoff primary election date to the fourth Tuesday in April following the general primary election; (3) provide that the presidential primary election date is the first Tuesday in February in each presidential election year; and (4) require on a candidate’s application for a place on the ballot to state his or her awareness of the resign-to-run provision in the Texas Constitution.

S.J.R. 11 (Patrick) – Automatic Resignation:  would amend the Texas Constitution to provide that the current resign to run provisions applicable to certain county, city, or district officeholders apply only when an officeholder’s unexpired term exceeds one year and 60 days.

PUBLIC SAFETY

2S.B. 38 (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 15 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: (a) sue to collect the civil penalty provided by the bill; and/or (b) may file a writ of mandamus; or (c) 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. 

TRANSPORTATION

2H.B. 54 (Isaac) – Transportation Funding:  would provide that the motor vehicle sales tax collected on electric vehicles shall be deposited to the state highway fund and the Texas emissions reduction plan fund.

2H.B. 55 (Isaac) – Transportation Funding:  would provide that the motor vehicle sales tax collected on self-propelled vehicles shall be deposited to the state highway fund.

2S.B. 36 (Campbell) – Transportation Funding:  would provide that: (1) the fees for accrediting, inspecting, or auditing a crime laboratory go to the state’s general fund, rather than

the state highway fund as in current law; (2) the fees related to DNA testing of criminals go to the state’s criminal justice planning account, rather than the state highway fund; (3) the fee related to proof of financial responsibility at time of vehicle registration goes to the state highway fund, rather than to support the Department of Public Safety; and (4) the legislature may not appropriate money from the state highway fund to an agency other than the Transportation Commission, the Department of Public Safety, or the Department of Motor Vehicles, unless the appropriation is for constructing, maintaining, or acquiring rights-of-way for public roadways.

2S.J.R. 10 (Campbell) – Transportation Funding:  would amend the Texas Constitution to provide that the revenues from motor vehicle registration fees, certain motor vehicle-related taxes, and certain revenues received from the federal government may be used only for road construction and maintenance, and not to support the Department of Public Safety.

 

TML member cities may use the material herein for any purpose. 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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