Bills That Passed

Although hundreds of bills failed in the closing days of the Legislative Session, below are some measures that passed and survived the governor’s veto pen. A more comprehensive list will be made available at the TAC Annual Conference

APPRAISAL REFORM

HB 8 by Otto Relating to certain studies and reviews of appraisal districts conducted by the comptroller of public accounts. This allows the Comptroller to conduct the Property Value Study (PVS) every other year, rather than every year as required by current law. The PVS is used to estimate a school district’s taxable value and to measure central appraisal districts’ performance. In the off years, the Comptroller will conduct reviews of standards, procedures, and governance of central appraisal districts in order to promote professionalism and uniformity in appraisal districts across the state. Effective 1-1-10.

HB 3611 by Otto Relating to the consolidation of appraisal review boards. This allows the board of directors in two or more adjoining appraisal districts to consolidate appraisal review boards through inter-local contract. The goal of this is, in less populated areas, to create a greater talent pool, including those knowledgeable about real estate or property taxation, for ARB membership in those areas. Effective 1-1-10.

HB 3612 by Otto Relating to the creation of a pilot program that allows taxpayer appeals from certain appraisal review board determinations in certain counties to be heard by the State Office of Administrative Hearings. This establishes a pilot program in Bexar, Cameron, El Paso, Harris, Tarrant, and Travis counties for a three-year period beginning with the ad valorem tax year that begins January 1, 2010. The program will allow property owners to appeal appraisal review board (ARB) determinations for certain real or personal properties to the State Office of Administrative Hearings (SOAH). The program would be limited to 3,000 appeals in the three-year period. Owners of real or personal property appraised at more than $1 million could protest to SOAH determinations of ARBs resulting from protests of appraised and market value or unequal appraisal. Mineral and industrial property would be excluded. A SOAH determination would preclude a district court appeal. Effective 1-1-10.

HB 3613 by Otto Relating to the determination of the market value of a residence homestead for ad valorem tax purposes on the basis of the property's value as a residence homestead. This requires the market value of a residence homestead be determined solely on the basis of the property’s value as a residence homestead, regardless of whether the residential use of the property by the owner was considered to be the highest and best use of the property. The bill also allows for 100% disabled veterans to be exempt from paying property taxes. Effective 6-19-09.

HJR 36 by Otto Proposing a constitutional amendment authorizing the legislature to provide for the ad valorem taxation of a residence homestead solely on the basis of the property's value as a residence homestead; authorizing the legislature to authorize a single board of equalization for two or more adjoining appraisal entities that elect to provide for consolidated equalizations; and authorizing the legislature to provide for the administration and enforcement of uniform standards and procedures for appraisal of property for ad valorem tax purposes. This constitutional amendment enables the provisions of HB 3611 and HB 3613 and also gives the state direct authority to enforce uniform appraisal standards and procedures, rather than requiring administrative and judicial enforcement to originate in the county where the tax is imposed. Election 11-03-09. CRIMINAL JUSTICE HB 107 by Phillips Relating to allowing for certain criminal proceedings in the absence of certain defendants. The bill allows the rendering of a plea, judgment, and sentence for certain felonies in the absence of a defendant if the defendant is incarcerated in a penal institution. Effective 9-1-09.

HB 498 by McClendon Relating to the establishment of an advisory panel to assist with a study regarding the prevention of wrongful convictions. The legislation creates an advisory panel to assist the Task Force on Indigent Defense in conducting a study and preparing a report regarding the prevention of wrongful convictions. The Task Force on Indigent Defense, with the advice of the advisory panel, shall study causes of wrongful convictions, procedures and programs that may be implemented to prevent future wrongful convictions, the effects of state law on wrongful convictions, and whether the creation of an innocence commission to investigate wrongful convictions would be appropriate. Effective 9-1-09.

HB 670 by Martinez Fischer Relating to a qualified privilege of a journalist not to testify. The bill creates a qualified testimonial privilege for journalists. A journalist, as defined, may not be forced to divulge certain information obtained by the journalist except in an official proceeding under certain conditions. Effective 5-13-09.

HB 1506 by Herrero Relating to the imposition of conditions on certain defendants charged with an offense involving family violence. The bill authorizes a magistrate to require a defendant charged with a family violence offense to carry or wear a global positioning monitoring system device as a bond condition or as a condition of an emergency protective order. Defendants would pay the costs for the system. If a magistrate determines that a defendant is indigent, a magistrate may, based on a sliding scale established by local rule, require the defendant to pay less than the full costs associated with operating a global positioning monitoring system; however, any partial payment is considered payment in full and a county in which the magistrate is located is not responsible for any costs associated with operating such a system in relation to an indigent defendant. Effective 9-1-09.

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. The bill creates new offenses and enhances penalties for gang-related activities. It creates a new civil action against criminal street gangs for a violation of an injunction. A district, county, or city attorney or the attorney general would have authority to sue a gang member for money damages, including a civil penalty not to exceed $20,000; any money collected would be deposited in an account for the benefit of the community harmed by the injunction violation. The bill also requires the Governor’s Criminal Justice Division to administer a competitive grant program to support regional approaches to combat gang violence. Additionally, the legislation authorizes a county by order to require a property owner to remove graffiti upon notice if the county has offered to remove the graffiti free of charge and the owner has refused the offer; if the owner does not remove the graffiti within a certain timeframe, the county may remove the graffiti and charge the expenses of removal to the owner. Effective 6-19-09.

HB 2730 by Kolkhorst Relating to the continuation and functions of the Department of Public Safety of the State of Texas and the Texas Private Security Board; providing a penalty. Among the Department of Public Safety (DPS) Sunset bill provisions is a requirement that a county with an average “disposition completeness percentage” (percentage of arrest charges reported to DPS for which a disposition has been subsequently reported) of less than 90 percent establish a local data advisory board which would be responsible for preparing a data reporting improvement plan. The plan must describe how the county intends to improve its criminal history reporting to DPS and include a comprehensive strategy by which the county will permanently maintain its “disposition completeness percentage” at or above 90 percent. The plan must be submitted to DPS by June 1, 2010. Additionally, the bill mandates that DPS establish an indigency program for driver’s license holders who have been assessed a surcharge as part of the driver responsibility program; the department must waive all surcharges assessed on a person found indigent by a court. Effective 6-19-09.

SB 328 by Carona Relating to operating a motor vehicle or a watercraft while intoxicated or under the influence of alcohol. The bill authorizes the warrantless collection of a breath or blood specimen from suspected offenders arrested for certain alcoholrelated offenses in certain circumstances; authorizes any magistrate who is an attorney licensed by this state to issue a search warrant for a blood specimen from a person for certain alcohol-related offenses; and, addresses liability issues relating to the taking of a blood specimen pursuant to a search warrant, among other provisions. Effective 9-1-09.

SB 333 by Carona Relating to the retention by a county or municipality of certain costs for maintaining and supporting a certified breath alcohol testing program. The legislation authorizes county courts that maintain their own certified alcohol testing programs to retain $22.50 of the DWI court case fees and fines to help cover costs. Effective 9-1-09.

SB 414 by Carona Relating to conducting by electronic means a hearing to determine a defendant's ability to discharge certain fines and court costs. The bill authorizes courts to conduct hearings regarding the non-payment of fines and court costs via an electronic broadcast system. Effective 9-1-09.

SB 633 by Seliger Relating to the number of counties or municipalities necessary to establish a regional drug court program. The legislation reduces the number of counties required to create a regional drug court program from three counties to two counties. Effective 6-19-09.

SB 1091 by Ellis Relating to the establishment of the capital writs committee and the office of capital writs and to the appointment and compensation of certain counsel for indigent defendants in a capital case. The legislation establishes a State Office of Capital Writs, which will employ attorneys to represent indigent defendants in death penalty appeals involving writs of habeas corpus. Effective 9-1-09.

SB 1940 by Van de Putte Relating to the fund for veterans' assistance and to the establishment of pretrial veterans court programs. The bill authorizes a commissioners court to establish a veterans court program for certain veterans facing criminal charges. Defendants who complete the program may be eligible for a case dismissal. Additionally, the bill allows a court program to collect certain fees for program purposes. Effective 6-19-09.

ELECTIONS

HB 488 by Bohac Relating to the eligibility requirements for volunteer deputy registrars. The legislation expands the eligibility requirements for volunteer deputy registrars. In addition to the requirement that an individual must be 18 years of age, the person must not have been finally convicted of a felony, or if convicted, the sentence must be fully discharged, or been pardoned, or otherwise released from the resulting disability to vote. Effective 9-1-09.

HB 536 by Anchia Relating to the voter registration of a person who submits a federal postcard application to vote in an election. The legislation constitutes the federal postcard application (FPCA) to serve as a voter registration application, except for individuals who reside outside the United States indefinitely. The Secretary of State’s Office is to prescribe the rules to implement the amendment to the Election Code and provide directions to court clerks concerning the inclusion on jury lists of persons who submit FPCAs. Effective 9-1-09.

HB 551 by Madden Relating to the electronic transmission of a federal postcard application used for voting. The legislation gives military personnel and their families, who are stationed overseas, the option to email a scanned version of a federal postcard application to vote by absentee ballot to the early voting clerk. Effective 9-1-09.

SB 1134 by Duncan Relating to the authority of certain high school students to serve as elections clerks. The legislation allows high school students, 16 years of age or older, who are attending an educational institution or home schooled to serve as election clerks. Effective 9-1-09.

EMERGENCY MANAGEMENT

HB 1831 by Corte Relating to emergency management and to certain vehicles used in emergencies. As amended, this bill address certain issues that affect the state's ability to provide emergency relief, including evacuation and phased reentry, temporary home repairs, volunteer coordination and awareness, and agribusiness and public information awareness. Among many items, the legislation grants authority to county judges to order mandatory evacuations and exercise the use of reasonable force to ensure compliance. The bill also establishes civil liability for someone who requires rescue after defying a mandatory evacuation order and provides for immunity for an officer or employee of a political subdivision who must evacuate someone. Effective 6-19-09.

FAMILY

HB 72 by Guillen Relating to the waiting period for issuing a decree in certain suits for divorce. The legislation waives the 60-day waiting period before a divorce may be granted in cases where a spouse has been convicted or received deferred adjudication for an act of family violence or the petitioner has an active protective order against the respondent due to family violence. Effective 6-19-09.

FEES

HB 666 by Gutierrez Relating to certain court costs used to fund drug court programs. The bill increases a court cost conviction fee to $60 on offenses punishable as a Class B misdemeanor or higher under certain provisions of the Penal Code and the Texas Controlled Substances Act to help fund drug court programs. Effective 9-1-09.

HB 3637 by Hughes Relating to filing fees in civil actions and proceedings and the use of those fees, to costs on conviction in certain courts, to money paid into the registry of a court in certain counties, and to the appointment of counsel in certain suits. The bill adds a $4 technology fee court cost to be collected from defendants convicted of a criminal offense in a county court, statutory county court, or district court. The fees collected may only be used for technological enhancements for those courts and administered by or under the direction of the commissioners court. The bill also adds a filing fee of not more than $10 on the filing of each civil action in county court, statutory county court or district court. The fees are to be used only to digitize court records and preserve the records from natural disasters. The court record preservation account shall be administered and under the direction of commissioners court. Effective 9-1-09.

SB 1685 by Hinojosa Relating to the creation of a district court records technology fund. The commissioners court is authorized to adopt a district court archive fee of not more than $5 for preservation and restoration of district court records. Effective 6-19-09.

JAILS

HB 1711 by Turner 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. Among other provisions, the Texas Department of Criminal Justice shall coordinate the work of the task force with the Office of Court Administration, and by rule shall enter into a memorandum of understanding with various state agencies to establish a re-entry task force. The task force may identify gaps in services in areas such as employment, substance abuse treatment and housing. The Task Force may also coordinate services with local providers of reentry or reintegration programs, including those operated by a county, to make recommendations regarding comprehensive services upon release to urban or rural communities. Effective 6-19-09.

SB 1009 by Deuell Relating to the continuation and functions of the Commission on Jail Standards. This is the TCJS Sunset bill; the agency is continued in its current form and will be scheduled for another Sunset review in 2021. Most notable items that will impact counties include additional standards for the treatment of pregnant inmates and “guidelines” developed by the commission relating to contracts and avoiding the appearance of impropriety. Several floor amendments were attached to the bill and county officials were instrumental in contacting legislators to ensure the amendments would not impose unfunded mandates or increase hardships on counties. Effective 9-1-09.

JURY

HB 319 by Raymond Relating to an exemption from jury service for certain persons with legal custody of a child. The legislation exempts a person from jury service if the person has custody of a child younger than 15 years of age who would not have adequate supervision if the person were to serve on a jury. Effective 9-1-09.

HB 608 by Castro Relating to posttrial psychological counseling for jurors in a criminal trial or juvenile adjudication hearing involving graphic evidence or testimony. The legislation authorizes posttrial psychological counseling for a juror or alternate juror in any criminal trial having graphic evidence or testimony. The bill also authorizes juvenile boards, with the approval of commissioners court, to establish a program in which the victim assistance coordinator may offer posttrial psychological counseling for a juror or alternate juror in an adjudication hearing involving graphic evidence and testimony. Effective 9-1-09.

HB 1665 by King, Phil Relating to the penalty imposed on defaulting jurors. The legislation increases the penalty imposed on defaulting jurors. The fine was increased to not less than $100 nor more than $500. Effective 9-1-09.

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.

JUVENILE JUSTICE

HB 3689 by McClendon Relating to the functions and continuation of the Texas Youth Commission and the Texas Juvenile Probation Commission and to the functions of the Office of Independent Ombudsman for the Texas Youth Commission. The final version of the bill maintains two separate agencies and two separate governing boards, with county commissioners courts retaining two seats on the board of the Juvenile Probation Commission. Both agencies will return in 2011 for a limited Sunset review focused on: reform initiatives mandated by Acts of the 80th Legislature in 2007; implementation of programs for the diversion of youth from TYC; communication and coordination of services and data collection between youth serving agencies; and any other recommendations the Sunset Commission considers appropriate. Effective 6-19-09.

SB 1237 by Estes Relating to the authority of certain juvenile probation officers to carry firearms. This bill authorizes juvenile probation officers to carry firearms in the course of an officer’s official duties if the officer possesses a certificate of firearms proficiency, has one year of employment with the juvenile department, has not been designated as a perpetrator in an investigation by the TJPC, and is authorized to carry a firearm by the chief juvenile probation officer. Effective 9-1-09.

LAW ENFORCEMENT

HB 55 by Branch Relating to an offense of using a wireless communication device while operating a motor vehicle. The legislation prohibits a driver from using a wireless communication device while operating a motor vehicle within a school crossing zone unless the vehicle is stopped or the wireless device is used with a hands-free device, with certain exceptions; a violator is subject to a fine. A political subdivision that enforces this law must post a sign at each school crossing zone informing drivers about the prohibition. Effective 9-1-09.

HB 3389 by Harper-Brown Relating to the continuation and functions of the Texas Commission on Law Enforcement Officer Standards and Education; providing civil and administrative penalties. This is the TCLEOSE Sunset bill and it contains several sections of interest to counties. First, HB 3389 amends Occupations Code Chapters 1701.501 (a) and 1701.507 to include expanded reporting requirements for racial profiling data (SB 1120) and to authorize TCLEOSE to administer administrative penalties at a rate of up to $1000 per day per violation for failure to comply with reporting requirements. Also, the commission has the authority to revoke, suspend, place on probation or reprimand a license holder for violations of reporting requirements. The second most notable change in the bill amends the requirements for training programs from every two years to every four years for officers holding only basic proficiency certificates; scheduled topics will now include training on de-escalation and crisis intervention techniques to facilitate interaction with persons with mental impairments, as well as, recent changes to the laws of this state and the United States pertaining to peace officers. Those holding intermediate proficiency certificates will be required to participate in education and training programs covering investigative topics, civil rights, racial sensitivity and cultural diversity. Effective 9-1-09.

PROPERTY TAX

HB 773 by Oliveira Relating to extending the expiration date of the Property Redevelopment and Tax Abatement Act. The legislation extends the expiration date of the Property Redevelopment and Tax Abatement Act through September 1, 2019. Effective 6-19-09.

HB 3206 by Edwards Relating to the implementation of the exemption from ad valorem taxation for pollution control property. The bill clarifies that the standards and methods adopted by the Texas Commission on Environmental Quality for determining property tax exemptions for pollution control property apply uniformly to all applications. Effective 9-1-09.

HB 3646 by Hochberg Relating to public school finance and programs. The bill includes a section which amends Section 31.06 (a) of the Tax Code to read “a collector shall accept United States currency or a check or money order in payment of taxes and shall accept payment by credit card or electronic funds transfer.” Effective 9-1-09.

HB3896 by Oliveira Relating to the authority of a governing body of a municipality of the commissioners court of a county to enter into an ad valorem tax abatement agreement. This legislation amends current law to grant the authority to the governing body for the tax abatement agreement and contains the code extension of HB773. Effective 6-19-09.

SB 1458 by Seliger Relating to the authority of certain taxing units to enter into an ad valorem tax abatement. The bill, in part, clarifies issues raised in Attorney General Opinion GA-0600, regarding the eligibility of property owned by a lessee for a property tax abatement. The bill expressly grants county commissioners courts the authority to grant abatements for tangible personal property and clarifies existing law regarding the duration of an abatement granted under the Property Redevelopment and Tax Abatement Act. Effective 6-19-09.

PURCHASING

HB 987 by Creighton Relating to competitive procurement requirements for local governments. This bill brings other governmental entities up to the same $50,000 level to standardize requirements and to account for the devaluation of local dollars. The bill also allows governmental entities to designate one person to be in charge of change orders for work within an original contract that costs less than $50,000. Effective 6-19-09.

SALES TAX

SB 636 by Seliger Relating to the imposition of the franchise tax and local sales and use taxes, including the authority of a county or other local governmental entity to receive local sales tax information. The bill, in part, requires the Comptroller, upon request, to provide certain local sales tax information to a county that has adopted a sales tax. A county that has adopted a local sales and use tax would be entitled to information relating to the amount of tax paid to the county during the preceding or current year by businesses that remit state and local sales tax payments of more than $25,000 annually, among other information. Effective 6-19-09.

MISCELLANEOUS

HB 1831 by Corte Relating to emergency management. This bill addresses certain issues that affect the state's ability to provide emergency relief, including evacuation and phased reentry, temporary home repairs, volunteer coordination and awareness, and agribusiness and public information awareness. Effective 6-19-09.

HB 1843 by Davis, John and SB 530 by Patrick, Dan (Identical) Relating to the disposition of cash in possession of a deceased pauper. The legislation authorizes the county to retain cash in the possession of a deceased pauper to use to pay the actual costs incurred in disposing of the pauper’s remains. Effective 6-19-09.

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 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.

SB 1614 by Wentworth Relating to the requirement that certain orders closing, abandoning, or vacating a county road be filed and indexed in the deed records of the county where the road is located. The legislation requires the orders to contain the name of each property owner who receives conveyance, dimensions of the property being conveyed, and for the orders to be indexed in a manner that describes the county conveying and the property owner receiving the conveyance. Effective 9-1-09.

SB 2085 by Davis, Wendy Relating to the unlawful use of public funds for political advertising by a political subdivision. The legislation requires the Ethics Commission to prepare an advanced written opinion as to whether a particular communication violates the restriction on expenditure of public funds for political advertising and provides an affirmative defense to an official or employee who relies on certain written legal opinions. The amendment was prompted by a recent Ethics Commission decision imposing a civil penalty on a city employee for language used to educate voters on a bond proposition. Effective 9-1-09.

SB 2197 by Williams Relating to fees paid to a constable for serving civil process. This bill clarifies that under any circumstance a constable serving civil process is considered to be in the constable’s official capacity and may not keep a fee for serving the process. Any civil process service fee collected by a constable must be deposited with the county treasurer. Effective 9-1-09.