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« Legislative News Passed County-Related Bills
In our last two issues, we published lists of significant bills affecting county government. This is our third installment. A combined list of bills affecting counties will be published in booklet form for distribution at TAC’s Annual Conference Aug. 24-26 and then published on www.county.org.
ABANDONED/IMPOUNDED VEHICLES
HB 453 by Gonzalez-Toureilles – Relating to the use of auction proceeds from the sale of certain abandoned motor vehicles to compensate certain property owners. Amends Section 683.015, Transportation Code to allow a county law enforcement agency to use funds received from the sale of a motor vehicle abandoned as a result of a vehicular pursuit to compensate property owners whose property was damaged as a result of the pursuit (most commonly, fences). Before a law enforcement agency may compensate a property owner using funds transferred, the sheriff or constable must submit the transfer and payment to the commissioners court for consideration. (Currently, excess auction funds are directed to the county general fund and dedicated to law enforcement purposes). Effective 6-19-09.
HB 548 by Pickett – Relating to the impoundment of certain motor vehicles involved in the commission of the offense of racing on a highway. Section 545.420, Transportation Code is amended to permit law enforcement officers to impound certain motor vehicles involved in the commission of the offense of racing on a highway which results in an accident with property damage or personal injury. It requires that the vehicle to be taken to the nearest licensed vehicle storage facility unless the vehicle is seized as evidence, in which case, the vehicle may be taken to a storage facility as designated by the peace officer. HB 548 provides that the owner of a motor vehicle that is removed or stored under this subsection is liable for all removal and storage fees incurred and is not entitled to take possession of the vehicle until those fees are paid. Effective 9-1-09.
ANIMAL CONTROL
HB 405 by Harless – Relating to the authority of an animal control officer to carry a bite prevention stick in the performance of official duties. An animal bite stick is similar in definition to that of a prohibited club in the Penal Code. HB 405 amends Sections 46.03 and 46.15, Penal Code, and Section 829.006, Health and Safety Code, to exempt an animal control officer who possesses or carries an instrument used specifically for deterring the bite of an animal while the officer is in the performance of official duties or is traveling to or from a place of duty. The bill requires both basic and continuing education courses to include certain topics, including principles and procedures to be followed with respect to an instrument used specifically for deterring the bite of an animal, on or after January 1, 2010.
AUTHORITY
HB 1063 by Farias - Relating to emergency vehicle access to certain gated communities and multiunit housing projects. This legislation authorizes the commissioners court of a county by order to require that each electric gate to a gated community or multi-unit housing project be equipped with a gate-operating device that is approved by the county fire marshal or other similar authority having jurisdiction over fire prevention and will activate the electric gate on the sounding of an emergency vehicle siren. Effective 9-1-09.
HB 1445 by Bonnen - Relating to the authority of certain political subdivisions to erect or maintain shore protection structures and the location of the line of vegetation in relation to those structures. This adds a subdivision of the state that receives approval of the land commissioner to the list of entities that may establish and maintain shore protection structures on as public beach. Such a structure must be: designed to protect public infrastructure, including a highway or bridge; located on land that was submerged and owned by the state, that the state acquired for the purposes of building the structure, and that was located in or adjacent to the mouth of a natural inlet from the Gulf of Mexico; and extended at least 1,000 feet along the shoreline. In granting approval of such a structure, the land commissioner may specify requirements for the design and location of the structure or any required public parking area. It also defines the vegetation line on a public beach when the vegetation line is interrupted by such structures, provided a perpetual public easement has been granted and the political subdivision has provided adequate public parking. Effective 6-19-09.
HB 1579 by Gonzales - Relating to a county's removal of flood water resulting from a natural disaster in certain communities. In the summer of 2008, parts of Hidalgo County suffered immense flooding during and after Hurricane Dolly, including several colonias. The county was not authorized to remove the water from some colonias, where the residents lived on private roads. This legislation authorizes a county to provide assistance for the removal from private property, including a road, of flood water resulting from a natural disaster in a colonia if the removal of the water is necessary to protect the health and safety of the colonia. Effective 6-19-09.
HB 1843 by Davis, John - Relating to the disposition of cash in possession of a deceased pauper. Current procedure states the medical examiner must identify next of kin when a body is brought into the morgue. Any property, including cash, found on the body is secured until kin arranges internment. If no family is identified, any property reverts to the state after three years. The county carries the burden of paying for any burial costs. This bill authorizes a county to use the cash discovered in the possession of a deceased pauper to pay the actual costs incurred by the county in disposing of the body. Any remaining property or cash will be placed in a trust so kin may have the opportunity to make a claim. Effective 6-19-09.
HB 2859 by Doug Miller - Relating to notice requirements for a county selling surplus or salvage property. Some counties have surplus items that need to be sold and now use the internet auction marketplace to sell to a much larger audience of buyers in a significantly shorter time frame, reducing the expense of storage and damage that can occur. This legislation authorizes a county to satisfy the notice requirement by posting property for sale on an online auction site, rather than in a general circulation newspaper. The property posted is posted on the site for at least 10 days unless sold before the 10th day. No publication notice is necessary for property under $500.00. Effective 6-19-9.
HB 3851 by Eiland – Relating to the authority of a political subdivision to suspend statutory deadlines during a disaster. Hurricane Ike caused considerable water damage to a variety of tax-related documents in the Galveston area. Lack of access to the island and communication difficulties resulted in missed statutory deadlines and the inability to notify the public of relevant hearings. This legislation provides that, upon on request of a political subdivision, the governor may waive or suspend a deadline imposed by a statute or the orders or rules of a state agency on the political subdivision, including a deadline relating to a budget or ad valorem tax, if the waiver or suspension is reasonably necessary to cope with a disaster. A deadline imposed by local law on a political subdivision, including a deadline relating to a budget or ad valorem tax, is suspended if the political subdivision is wholly or partly located in the area of a declared disaster and the political subdivisions governing body proclaims it is unable to comply with requirements because of the disaster. It authorizes the political subdivision’s presiding officer or governing body to issue an order ending the suspension of the statutory deadline. Effective 6-19-09.
COURTS
HB 400 by Herrero - Relating to the dismissal of a charge of unlawfully parking a vehicle in a space designated specifically for persons with disabilities. This bill adds a grace period for motorists who are ticketed for illegally parking a vehicle with an expired disabled placard. Under current law, no grace period exist. This bill requires the court to dismiss a charge if the defendant renews the expired disabled parking placard within 20 working days from the date of the offense or before the first court appearance date. Effective 6-19-09.
HB 609 by Castro - Relating to the composition of the jury in certain adjudication hearings in juvenile court. This legislation requires that a jury in a juvenile adjudication hearing for a misdemeanor offense consist of the same number of jurors required in Code of Criminal Procedure, Article 33.01(b), which are six qualified jurors. Effective 9-1-09.
HB 765 by Hartnett - Relating to supplemental payments made to certain statutory probate court judges. This bill requires the commissioners court to pay certain statutory probate court judges who have served since 1995 or who have 16 years of longevity the salary of a district judge. Effective 6/19/09.
HB 1544 by Miklos - Relating to court proceedings for a plea of guilty or nolo contendere for a misdemeanor punishable by fine only. This bill allows a defendant to dispose of a pending misdemeanor case (punishable by fine only) without appearing before the court. The defendant may plead nolo contendere and waive the right to a jury trial, also known as the “mail box rule.” Effective on 9/1/09.
HB 2027 by Zerwas - Relating to adoption of the Revised Uniform Anatomical Gift Act. This bill adopts the Revised Uniform Anatomical Gift Act (2006 UAGA) relating to the donation and use of parts or all of the human body after death. The 2006 UAGA language facilitates organ donation and strengthens the language expressly barring a person from “making, amending or revoking” an anatomical gift if the donor granted donation of certain parts. This bill also expands the list of individuals who are authorized to make a gift on a donor’s behalf. Effective 9/01/09.
SB 397 by Carona - Relating to methods of payment for reimbursement of jury service expenses. The legislation authorizes the county treasurer to reimburse citizens for jury service on the same day of service by certain methods established by commissioners court. The jurors may be reimbursed by: electronic fund transfer; cash dispensing machine; debit card or stored value card; or another method that is determined by the county treasurer and commissioners court to be secure, accurate, and cost-effective. Effective 9-1-09.
SB 935 by Seliger - Relating to authorizing a judge of a municipal court to conduct a marriage ceremony. This bill adds a municipal judge to the list of persons authorized to conduct a marriage ceremony. Effective 9-1-09.
CRIMINAL JUSTICE
HB 1003 by Bolton – relating to notice provided to certain victims or witnesses regarding certain inmates or defendants who are electronically monitored. Amends Article 56.11, Code of Criminal Procedure to require TDCJ, the sheriff, or the community supervision and corrections department supervising a defendant to make a reasonable attempt to give any notice to certain victims or witnesses that an offender will be released from incarceration or released from electronic monitoring surveillance. A reasonable attempt to contact must be made not later than the 30th day before the date the defendant completes the sentence and is released or ceases to be electronically monitored as a condition of release, or immediately if the defendant escapes from the correctional facility. The bill provides authorization to give any notice by email, if possible, however it is up to the victim or witness to update mailing address, telephone numbers and email addresses. Effective 9-1-09.
HB 1060 by Miklos - Relating to certain procedures for forwarding a warrant of arrest or a complaint in a criminal case. Previous statutes required arrest warrants to be forwarded by telegraph, the most efficient and modern technology when the statute was originally drafted. HB 1060 amends Articles 15.08 and 15.09 of the Code of Criminal Procedure by expanding the methods by which complaints or warrants may be transferred to include secure facsimile transmission or other secure electronic means. Effective 9-1-09.
HB 1711 by Turner, Sylvester – relating to requiring the Texas Department of Criminal Justice to establish a comprehensive reentry and reintegration plan for offenders released or discharged from a correctional facility. This bill amends Chapters 495 and 501 Government Code to require TDCJ to develop a comprehensive plan to reduce recidivism and ensure the successful reentry and reintegration of offenders into the community. It authorizes TDCJ to contract and coordinate with private vendors, units of local government, or other entities to implement the comprehensive reentry and reintegration plan, as well as, requires TDCJ to establish a reentry task force in the office of the governor. TDCJ must develop and implement the comprehensive reentry and reintegration plan not later than January 1, 2010. Effective 6-19-09.
HB 1985 by Martinez-Fischer – relating to the requirement that certain defendants (a person indicted or who waived indictment for an offense of continuous sexual abuse of a young person, indecency with a child, or sexual or aggravated sexual assault) undergo testing for HIV infection and other diseases. Amends Article 21.31, Code of Criminal Procedure to require certain defendants in a criminal case undergo testing for HIV infection and other diseases. The bill would require a judge to order defendants accused of certain sex offenses to undergo a HIV test or other tests for sexually transmitted diseases upon request of the victim of the offense. Currently, a judge may order such a test, but is not required to do so. The bill will modify judicial proceedings and could result in an increase in the number of diagnostic tests ordered. Effective 9-1-09.
SB 2048 by Williams - Relating to the establishment of a centralized sex offender registration authority in certain counties in this state. Adds Article 62.0045, Code of Criminal Procedure to allow the commissioners court of a county with a population of 100,000 or more to designate the office of the sheriff of the county or may, through inter-local agreement, designate the office of a chief of police of a municipality in that county to serve as a mandatory countywide registration location for persons subject to sex offender registration. Effective 6-19-09.
ELECTIONS
HB 401 by Raymond - Relating to the authority of certain political subdivisions to change the date of their general elections. The legislation provides that the governing body of a political subdivision, other than a county, that holds its general election for officers on a date other than November uniform election date may, not later than December 31, 2010, change it general election date to the November election date. Effective 5-13-09.
HB 559 by Hernandez - Relating to the nondisclosure of certain personal information in voter registration records, concealed handgun license records, and tax appraisal records that relates to a justice of the peace. The legislation adds the office of justice of the peace to the list of judicial officers currently protected by the statutory provisions requiring nondisclosure of certain personal information in public records relating to voter registration, concealed handgun licenses, and tax appraisals. Effective 9-1-09.
HB 567 by Miller, Sid - Relating to the eligibility of candidates for certain offices to serve as an election judge. The legislation modifies current law providing that candidates for public office are ineligible to serve as election judges or clerks by including political party offices, making the ineligibility apply only to contested races, and exempting the county clerk from the ineligibility as well as a precinct chair declared elected because no election is to be held for that office under Sec. 171.0221, TEX. ELEC. CODE. Effective 9-1-09.
HB 719 by Flynn - Relating to polling places for certain elections. The legislation provides that the Secretary of State (SOS) must implement a program allowing counties to eliminate county election precinct polling places and establish countywide polling places for the November general election, each countywide election held on the May date, each constitutional amendment election, and each political subdivision election held jointly with any of those elections. The SOS must select participating counties that have held public hearings, submitted documentation about soliciting impact from appropriate organizations, have an appropriate computerized voter registration system, use DRE’s, and are determined by the SOS to have appropriate technology. In addition, the legislation provides that the location signs for the polling places in a joint primary election must either contain the name of each political party or no names of the political parties. Effective 9-1-09.
HB 1448 by Allen - Relating to the requirements for voter registration. The legislation modifies the requirements for a voter registration application form by effectively eliminating two potentially confusing checkboxes relating to whether the applicant has been issued a driver’s license or personal identification card by the Department of Public Safety. A voter who provides the last four digits of the social security number is also confirming that they have not been issued a drivers license or personal identification card. Effective 6-19-09.
HB 1493 by King, Tracy - Relating to the use of certain devices in a polling place. The legislation provides that an employee of the facility that serves as a polling place may use a cell phone in the normal course of the employee’s job duties. Effective 5-27-09.
HB 1720 by Bohac - Relating to the use of public funds by a political subdivision for political advertising or communications that contain false information relating to a ballot measure. The legislation establishes the culpable mental state of “knowingly” in Sec. 255.003(a), TEX. ELEC. CODE, in regard to the prohibition on an officer or employee of a political subdivision from spending or authorizing spending of public funds for political advertising.
The bill clarifies and enhances the current prohibition on using public funds for political advertising by adding language designed to prevent abuse of the current exemptions to the definition of political advertising for a communication that factually describes the purpose of a measure and does not advocate the passage or defeat of the measure. The new language includes a statement of a prohibition on including information known to be false and likely to entice a voter to vote one way or the other.
The bill adds an affirmative defense to prosecution for violation of the prohibition if there was reasonable reliance on an official written opinion issued by a court, the Attorney General, or the Texas Ethics Commission. On request, the Ethics Commission must prepare an advance written advisory opinion as to whether a particular communication complies with Sec. 255.003 of the Election Code. Effective 9-1-09.
This bill is quite similar to SB 2085, by Wendy Davis, which also passed in the 81st Legislative Session.
HB 2181 by Berman - Relating to the computation of a person's age under the Election Code. The legislation repeals Sec. 1.016 of the Election Code, which provided that age was calculated from the day before the anniversary of the person’s birthday. The definition caused confusion as to when a person actually reached the age of 18 for determining a person’s eligibility for voting. Effective 9-1-09.
HB 2401 by Keffer - Relating to the political activities of a person employed by a county election administrator. The legislation provides that the restrictions on the political activities of a full-time employee of a county elections administrator apply statewide instead of only in counties of one million or more. In counties with populations of one million or less, full time employees of election administrators are not restricted from making campaign contributions or publicly supporting a candidate or measure. Effective 9-1-09.
HB 2524 by Anchia - Relating to the accuracy, security, and reliability of certain electronic voting systems. The primary purpose of this bill is to codify the current Secretary of State’s rules and directives on DRE system security matters. The legislation provides for pre-election acceptance and testing procedures, including hardware diagnostic testing, public testing of logic and accuracy, and security of test materials; and voting system security procedures, including pre-election security, transport of voting system equipment, access to voting system equipment, network connections and wireless technology, software condition, plan for machine failure, and use of DRE’s in early voting. Effective 9-1-09.
HB 2847 by Riddle - Relating to using county election precincts for any election held on the November uniform election date. The legislation provides that the regular county election precincts must be used in an election held on the November uniform election date of any political subdivision other than a road or water district that is created under Art. III, Sec. 52, Texas Constitution, or a water conservation and reclamation district that is created under Art. XVI, Sec. 59, Texas Constitution, and that is located in Harris County or a county adjacent to Harris County. Effective 9-1-09.
HB 3062 by Bohac - Relating to the notice of an election provided to a voter registrar. The legislation provides that the governing body of a political subdivision, other than a county, must deliver an election notice to the voter registrar as well as to the county clerk. Effective 9-1-09.
HB 3069 by Bohac - Relating to streamlining voter re-registration across county lines. The bill provides that the Address Confirmation Notice and the Statement of Residence form contain the same information that is required for a person to register to vote. Additionally, should the voter complete a Confirmation Notice or Statement of Residence Form that contains an address that is no longer in the county, the current voter registrar must forward the form to the new voter registrar of the county in which the new residence address is located. Effective 9-1-09.
SB 1402 by Hinojosa - Relating to requiring certain political subdivisions to enter a contract with the county elections administrator to perform election services. The bill requires a political subdivision that is located in a county of more than 500,000 served by a county elections administrator and that does not contain a municipality of more than 150,000, and that is not an irrigation district created under the Texas Constitution, to request an election services contract with the county elections administrator if the political subdivision receives a petition of a number of registered voters of the political subdivision that is at least one percent of all votes cast in the most recent general election of the political subdivision. Effective 6-19-09.
SB 1970 by Duncan - Relating to certain election practices and procedures. The legislation is an omnibus bill that includes both substantive and corrective amendments to the Election Code. Among the substantive changes are amendments requiring: a)The election order and notice must include the location of each early voting polling place; b) or an election held on the May uniform election date, the early voting period for the runoff election begins on the 12th day before and ends on the 4th day before the runoff; c) the authority holding an election may request a voting system technician to be present at a polling place, a meeting of the early voting ballot board, or at a central counting location to repair, assemble, maintain or operate the voting system equipment; d) the filing deadline for certain special elections is moved to 5:00 p.m. on the 62nd day before election day; e) the authority with whom a candidate’s application for a place on the ballot must post notice of the filing period not later than the 30th day before the first day of the filing period; f) the county executive committee conducts the local canvass of the primary election on the 2nd Thursday after election day; and, g) a candidate requesting a recount of the ballots cast in an election must deposit $60 for each precinct to be recounted in which regular paper ballots were used and $100 for each precinct using an electronic voting system. Effective 9-1-09.
EMERGENCY MANAGEMENT/DISASTER RELIEF
HB 527 by Leibowitz - Relating to the removal of an appointed emergency services district board member by a county commissioners court. The legislation gives commissioners court the authority, only upon written request, to require the emergency service district board to provide a written report regarding the district’s budget, tax rate, and debt service for the preceding fiscal year not later than February 1 of the following year. In addition, commissioners court is given the authority to remove one or more appointed board members if the board fails to provide the requested report within the allotted timeframe. Effective 6-16-09.
HB 1257 by Legler - Relating to the payment in installments of ad valorem taxes on certain property owned by a business entity and located in a disaster area and to the ad valorem taxation of a homestead rendered uninhabitable by a casualty or damage. Current law allows the owner of a residence homestead that was damaged by a natural disaster and is located in a declared disaster area to pay their property taxes in four installments. This legislation extends to disaster damaged business entities with $5 million or less in gross receipts the option of paying property taxes in four installments over the course of the year. Effective 6-19-09.
HB 1998 by McCall - Relating to temporary housing and emergency shelters provided by a political subdivision for disaster victims. This bill provides state assistance for emergency shelters by authorizing the governor to assist the political subdivision that is the site of temporary housing or emergency shelters for disaster victims by acquiring sites necessary for the housing and shelters and to do everything required to prepare the sites by becoming a partner with the political subdivision. The assistance includes any resource available to the state, including the disaster contingency fund to ensure the political subdivision receives an advance or reimbursement of all expenses and the amounts paid for salaries and benefits of those performing duties with the movement or evacuation into, out of or through the political subdivision. Effective 9-1-09.
HB 2457 by Eiland – Relating to the duty of the General Land Office to clean, maintain and clear debris from a public beach affected by a declared disaster. The Natural Resources Code currently states that the duty and responsibility of cities and counties is to clean and maintain public beaches within their respective jurisdiction and provides for reimbursement by the state for a portion of the expenses incurred by local governments. But after Hurricane Ike left enormous amounts of debris on public beaches, local governments have been overwhelmed by the costs of debris removal, addressing critical infrastructure and storm victim needs. Local governments have had to bear the up-front costs. This piece of legislation requires the General Land Office to clean, maintain, and clear debris from a public beach located in an area designated as threatened area in a declaration of a state of disaster. This will allow the GLO to assume this responsibility and obtain reimbursement directly from FEMA in the event of a disaster declaration. Effective 9-1-09.
SB 359 by Patrick – Relating to punishment for certain offenses committed in a disaster area or an evacuated area. This bill provides that the punishment for an offense of theft committed in evacuated or disaster areas is increased to the next higher category of offense if it is shown that the offense was committed in an area considered to be a disaster area by certain government officials. Effective 9-1-09.
SB 1112 by Estes – Relating to the provision of money from a county’s general fund to disaster victims. Under current law, counties are unable to provide disaster assistance from local funds that would be distributed to a select group of residents. Therefore, with no federal or state aid, the county has no authority to provide financial assistance from locally available funds. This amends current law relating to the provision of money from a county's general fund to disaster victims. Effective 6-19-09.
HB 4102 by Eiland – Relating to the disaster contingency fund and relief for school districts located in a disaster area. This legislation amends the Government Code to add local governments that participate in disaster preparation or disaster recovery to the list of entities that may request and receive funding from the disaster contingency fund to pay for costs incurred by the state or local government entity in preparing for or recovering from a disaster.
In addition, a state or local government entity that receives funding from the disaster contingency fund for costs associated with disaster recovery, shall reimburse the fund for any reimbursed amounts received. The governor’s division of emergency management shall prescribe the procedures to implement this section. Effective 6-19-09.
SB 2148 by Patrick – Relating to information and assistance provided by the chief appraiser to emergency management authorities. This requires the chief appraiser, if requested by the emergency management authorities of a federal, state, or local government agency, to provide information and assistance pertinent to disaster mitigation or recovery, including assisting in the estimation of damage from an actual or potential disaster event. Effective 6-19-09.
HEALTH CARE
HB 497 by Zerwas – Relating to a study to determine the effect on the health care infrastructure in this state if the state Medicaid program is abolished or a severe reduction in federal matching money under the program occurs. This bill directs the Health and Human Services Commission to conduct a study determining the effects on the Texas health care infrastructure should the Medicaid program be abolished or funding be severely reduced. Effective 6-19-09.
HB 1630 by Naishtat - Relating to the eligibility of certain individuals for child health plan coverage or medical assistance on release from certain facilities or other settings. This bill requires the Texas Health and Human Services Commission (HHSC) to ensure that each individual who were previously enrolled in the Children’s Health Insurance Program (CHIP) or Medicaid and detained in Texas Youth Commission are re-enrolled prior to the individual’s release from placement or detention. This bill will help eliminate gaps in coverage due to the requirement for the individual to reapply for coverage. Effective 6-19-09.
HB 2963 by Coleman - Relating to the authority of a county, hospital district, or public hospital to provide health care services to an indigent patient. This bill specifies that a county, hospital district, or public hospital is liable to pay the claim made by a provider for indigent health care services. This bill will also allow a county to arrange for the purchase of health coverage for eligible residents. Effective 9-01-09.
SB 202 by Shapleigh – Relating to provisional licensing of physicians to practice in underserved areas. This bill allows an out of state physician a provisional license to practice medicine until the Texas licensing board rules on the physicians license application. Physicians with provisional licenses will only be able to practice medicine in a location designated as a health professional shortage area (HPSA) or a medically underserved area (MUA). According the U.S Department of Health and Services Administration, there are 64 million people living in HPSA requiring 16,336 practitioners to meet their need for primary care. In Texas, 117 counties qualify as HPSA representing 1,804,488 Texans. Effective 9-01-09.
SB 526 by Nelson - Relating to grants for federally qualified health centers. This bill removes the expiration date on the Department of State Health Services grant program for establishing new federally qualified health centers. This bill also allows for grants to help maintain existing facilities. The bill only allows for grants to support new or expanded services at the facilities. Effective 8-31-09.
HOUSING/COLONIAS
HB 1029 by Rodriguez - Relating to the development, rehabilitation, or expansion of affordable housing in a public improvement district established by a county or municipality. This bill amends the Local Government Code by adding the development, rehabilitation or expansion of affordable housing to the list of what public improvement projects may include. Effective 6-19-09.
HB 3358 by Turner - Relating to allowing municipal or county housing authorities in certain counties to create housing for veterans. This bill authorizes a county or municipal housing authority in a county with a population of more than 500,000 to borrow money, accept grants, and exercise its powers to provide safe and sanitary housing communities for veterans. It also authorizes these housing authorities to enter into a lease or purchase agreement or accept a conveyance regarding real property as part of a housing project that will benefit veterans. Effective 9-1-09.
JUVENILE JUSTICE
HB 1425 by Lewis – relating to the determination of the population of a county required to develop a juvenile justice alternative education program. Amends Education Code, Section 37.001, to allow a county that would become a mandatory JJAEP county (population of 125,000 or more) due to the 2010 Census to be considered as a non-JJAEP county if the juvenile board and each school district within the county enter into an MOU subject to TJPC’s approval; the MOU must address responsibilities of each party in minimizing the number of student expulsions without receiving alternative education services; and the MOU must include coordination procedures addressing supervision and rehabilitation services, probation officers at the DAEP, recruitment of volunteers and coordination of social services. Effective 6-19-09.
LAW ENFORCEMENT/GANGS
HB 2086 by Moody – relating to the prevention, investigation, prosecution, and punishment for certain gang-related and other criminal offenses, including engaging in organized criminal activity, and to the consequences and costs of engaging in certain activities of a criminal street gang or certain other criminal activity; providing penalties. This is the omnibus gang bill that was passed and which changes several gang-related statutes. Some of the issues addressed in the bill include criminal solicitation of a minor, gang-free zones, database information, civil actions and injunctions, asset forfeitures, roving wire taps, consecutive sentencing and county graffiti abatement authorizing liens on property. Effective 6-19-09.
SB 379 by Carona- Relating to the duties of the Texas Fusion Center, including an annual report by the center regarding criminal street gangs. This amends the Government Code to require the Texas Fusion Center to annually submit to the governor and the legislature a report regarding criminal street gangs and gang-related crime. The bill requires that the report include: an evaluation of the threat that criminal street gangs and gang-related crime pose to communities in Texas that are at or near the international border between Texas and the United Mexican States; an evaluation of the threat posed to other areas of Texas; identification of any law enforcement strategies in Texas or another jurisdiction that have been effective in preventing the growth or proliferation of criminal street gangs or gang-related crime; reduce criminal street gang violence and prevent growth throughout Texas with specific recommendations concerning reduction of criminal street gang violence at or near the border, and ensure that law enforcement personnel receive the necessary training and education to effectively deal with the problems created by criminal street gangs and gang-related crime. The bill requires a state criminal justice or juvenile justice agency to provide information relating to criminal street gangs and gang-related crime to the Texas Fusion Center on request. The bill requires the Texas Fusion Center to submit the first annual report not later than September 1, 2010. Effective 6-19-09.
SB 418 by Carona - Relating to the compilation, maintenance, and release of information in a criminal street gang intelligence database by law enforcement agencies and criminal justice agencies. Amends Article 61.02, Code of Criminal Procedure to mandate a law enforcement agency in a county with a population of 100,000 or more to compile and maintain in a local or regional intelligence database, information for the purpose of investigating or prosecuting criminal street gangs. Effective 9-1-09.
LAW ENFORCEMENT/PERSONNEL
HB 1177 by Guillen - Relating to the eligibility of certain peace officers and firefighters for legislative leave. Section 614.002, Government Code, is amended and applies only to a peace officer or fire fighter employed by the state; a municipality with a population of 50,000 or more (presently 200,000 or more) ; or a county with a population of 190,000 or more (presently 500,000 or more). The bill entitles these employees to request legislative leave to serve in, appear before, or petition a governmental body during a regular or special session of the body. In addition, it authorizes a county or city in which the fire fighters and peace officers are entitled to seek legislative leave to require the fire fighters and peace officers to reimburse the government entity for wages, pension, or other costs the employer will incur as a result of the leave. Effective 9-1-09.
MISCELLANEOUS
HB 1554 by Gallegos - Relating to the authority of officers in certain counties to designate a person to receive fees, commissions, or costs. The bill amends the Local Government Code to permit an officer in a county with a population greater than 190,000 who receives fees, commissions, or costs to designate a person to perform such duties on the officer’s behalf. Effective 5-27-09.
HB 2004 by McCall - Relating to a breach of computer security involving sensitive personal information and to the protection of sensitive personal information and certain protected health information. This bill requires that in the event of a security breach, a local government that owns, licenses or maintains computerized data that includes sensitive personal information comply with the disclosure requirements of Sec. 521.053, Business & Commerce Code to the same extent as a person who conducts business in this state. Effective 9-1-09.
HB 3872 by Gattis – Relating to the qualification to be a veterans county service officer. Current law sets forth the qualifications a person must possess to be appointed as a veterans county service officer. A person must either have certain military service experience, or be a widowed Gold Star Mother or un-remarried widow of a serviceman or veteran whose death resulted from service. This legislation expands the list of people who are eligible to be considered for appointment as veterans county service officers to include the spouse of a disabled veteran who has a total disability rating based either on having service-connected disability of 100 percent or on individual unemployment as an alternative requirement to the service credit requirement. Effective 6-19-09.
SB 1152 by Hinojosa - Relating to the making or acceptance of political contributions in a courthouse. The legislation prohibits the acceptance of political contributions in any courthouse. Currently the restriction only applies to the state capitol. Courthouse is defined as any building owned by the state, county, or a municipality, or an office or part of a building leased to the state, a county, or a municipality, in which a justice or judge sits to conduct court proceedings. Effective 9-1-09.
OFFENSES
HB 537 by Berman – relating to the transportation of children in motor vehicles; creating an offense. This bill amends Transportation Code, Section 545.412(e) and (f), to modify the definition of passenger vehicle and to require all passengers 17 years and younger to be secured with individual seat belts when riding in a passenger van. (current law is confined to front seats) Section 545.416 (d) and (e) are also amended to allow a motorcycle operator to carry a child who is at least 5 years of age as a passenger and does not prohibit carrying a person younger than five years of age who is seated in a sidecar attached to the motorcycle. The bill imposes a misdemeanor fine range of $100 - $200 for violations. Effective 9-1-09.
OPEN GOVERNMENT
HB 3601 by Paxton - Relating to the authority of a county clerk to post official and legal notices by electronic display. The bill gives the county clerk authority to post an official or legal notice by electronic display instead of posting a physical document. Electronic display may be the county’s Internet website, electronic kiosk, electronic bulletin board, or other similar device. The electronic display must meet the location, time and accessibility requirements provided by law for the posting of the notice. The electronic display of information posted on a county’s Internet website must meet the time requirements stipulated by law for the posting of the notice. Effective 6-19-09.
SB 1068 Wentworth –Relating to allowing a governmental body to redact certain personal information under the public information law without the necessity of requesting a decision from the attorney general and allowing information about a public officer or public employee to be withheld if disclosure would pose a substantial risk of physical harm. The bill amends Sections 552.024, 552.1175, 552.138, and 552.151 of the Government Code. The legislation requires governmental bodies that withhold or redact information without an Office of the Attorney General (OAG) opinion to provide certain information to the requestor about the withholding or redacting of the information. The requestor has a right to request a review and opinion on the matter from the OAG. The OAG is required to develop procedures and deadlines for receiving information and to promptly render (not later than 45 business days of a request) and deliver a written decision requested under the amended Sections. The requestor or the governmental body may appeal the decision of the OAG under these amended Sections to a Travis County district court. Effective 6-04-09.
PROBATION
SB 727 by Patrick, Dan - Relating to the creation of DNA records for the DNA database system. Amends Article 102.020, Code of Criminal Procedure and Family Code, Section 54.0409 to require courts to order DNA testing as a condition of probation for adults convicted of a felony and placed on community supervision, and juveniles adjudicated as having engaged in conduct constituting a felony and placed on juvenile probation. The bill would require the agency that has custody or supervision of the person to collect the sample. Adults and juveniles placed on probation will pay $34 cost of court and juveniles sentenced to Texas Youth Commission will pay $50 disposition fee; fees will be remitted to the Comptroller and are intended to defray Department of Public Safety costs associated with the tests. Effective 9-1-09.
PURCHASING
SB 229 by West - Relating to the procurement methods authorized for public projects by certain local governments. In 2007, legislation was passed allowing certain local government entities to use the design-build procurement method for the construction, rehabilitation, alteration, or repair of civil works projects but not beyond September 2009. Design-build is a method where the entity may contract with a design-build team of an engineer and contractor. It differs from the traditional method of design-bid-build where the design and construction services are performed by separate contractors. This bill extends the date for local government entities with a population of 100,000 or more to use the design-build procurement methods after September 1, 2009. Effective 6-19-09.
PROPERTY TAXES
HB 406 by Rodriguez – relating to the disposition of excess proceeds of a tax sale of real property or foreclosure of a tax lien on real property. HB 406 has been referred to as a consumer protection bill and seeks to regulate the practices of distributing excess proceeds after a property tax sale. Chapter 34, Tax Code, is amended to require a person conducting a sale for the foreclosure of a tax lien, within 10 days of the sale, to pay any excess proceeds after payment of all amounts due all participants in the sale to the clerk of the court that issued the order authorizing the sale. It also seeks to regulate fees and place restrictions on those taking an assignment or other transfer of an owner's claim to excess proceeds unless certain conditions are met. Establishes eligibility requirements for a former property owner and other claimants seeking recovery of excess proceeds from a tax sale of real property. The practice of locating property owners and purchasing their property interests prior to a tax sale was previously an unregulated practice. Effective 0-1-09.
HB 986 by Villarreal - Relating to the appeal of ad valorem tax determinations. The legislation grants a taxpayer 60 days to appeal a final order of the appraisal review board in district court. It establishes tax refund procedures to be followed if the appeal results in a decrease in the property owner’s tax obligation. After the final determination of the appeal that decreases the property tax owner’s tax obligation, any tax refunds may not be mailed earlier than 21 days post determination and the taxing unit shall send a refund to property owner at address on comptroller’s form until written revocation of where to send refund is provided to taxing unit. Effective 6-19-09.
HB 1407 by Geren – relating to the redemption of real property sold at an ad valorem tax sale. Section 34.21(f), Tax Code is amended to require an owner of real property purchased at a tax sale to state in an affidavit that the owner's redemption period has not expired and that the tax assessor collector is relieved from making fact determinations. The bill also reinforces that an assessor-collector is not liable for acting in reliance upon the statements made in the affidavit. Effective 9-1-09.
HB 1465 by Paxton – relating to the joinder of a tax lien transferee in a suit to collect a delinquent ad valorem tax. The 2007 80th Legislature passed SB 1520 which sought to clarify tax lien transfer procedures; in some instances, it has inadvertently hampered the efforts of taxing units to deliver free and clear titles at foreclosure sales. HB 1465 amends Sections 32 and 33, Tax Code, to require a taxing unit to also join a tax lien transferee when it files suit to foreclose its own lien for delinquent property taxes. In addition, H.B. 1465 authorizes a transferee to pay all taxes, penalties, interest, court costs, and attorney's fees owing to the taxing units in the suit. Effective 9-1-09.
HB 1804 by Hughes - Relating to service of process for delinquent taxes on a nonresident. Under current law counties have a difficult time serving notice of a tax delinquency to nonresident owners of property who reside outside the state. For example, these nonresident owners will sometimes refuse the certified letter of delinquency leaving the county with the more expensive route of using formal process. This bill requires the clerk of the court in which the suit is pending to make copies of the process and serve the Secretary of State (SOS) who shall by certified mail, send a copy of the process to the nonresident with return receipt requested and postage prepaid. The SOS is also required to notify the court that the process has been issued in compliance with this section. Effective 9-01-09.
TRANSPORTATION
SB 1218 by Averitt - Relating to the collection of data by the Texas Department of Transportation regarding bridge collapses. The bill requires a medical examiner or justice of the peace acting as a coroner to report bridge collapses to the Texas Department of Transportation, and requires the Department to include information on collapsed bridges in the periodic statistical reports of certain accidents published by the department. Effective 9-1-09.
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