P U B L I C P O L I C Y D I V I S I O N

85TH TEXAS LEGISLATURE WEEKLY UPDATE | April 7TH 2017

TABLE OF CONTENTS

GOVERNOR ......................................................................................................... 2

SENATE ............................................................................................................... 2

HOUSE ................................................................................................................ 6

BUDGET .............................................................................................................. 7

ECONOMIC DEVELOPMENT ................................................................................ 8

ENERGY ............................................................................................................... 9

ENVIRONMENT ................................................................................................. 10

GENERAL BUSINESS .......................................................................................... 13

HEALTH ............................................................................................................. 14

HIGHER EDUCATION ......................................................................................... 19

HUMAN RESOURCES/EMPLOYMENT ............................................................... 19

INSURANCE ....................................................................................................... 20

INTERNET .......................................................................................................... 21

PRIVACY ............................................................................................................ 21

PROCUREMENT ................................................................................................ 22

PROPERTY ......................................................................................................... 23

PUBLIC EDUCATION .......................................................................................... 25

TAX .................................................................................................................... 29

TORT ................................................................................................................. 33

TRANSPORTATION ............................................................................................ 33

WORKERS’ COMPENSATION ............................................................................. 34

WORKFORCE ..................................................................................................... 36

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GOVERNOR

Governor Staff Announcements - Last Friday, Governor Greg Abbott announced David Whitley as the new Deputy Chief of Staff for the Governor’s office, replacing Robert Allen, who has been selected as the next President and CEO of the Texas Economic Development Corporation. Whitley currently serves as the Governor’s Appointments Director. Gaby Fuentes, who is currently the Deputy Appointments Director, has been named acting Appointments Director. Governor Abbott said, “Robert has been an invaluable member of my team, and after 14 years of exemplary service in my office and to the State of Texas, I want to thank him for his boundless dedication. In Robert’s new role, we will continue to work together to promote Texas’ economic climate to attract businesses across the country and abroad, ensuring the Lone Star State remains the top state in which to do business. Moving forward, I’m confident that David and Gaby will continue to play a critical and valued role in their new positions while also ensuring a seamless transition." The staff changes were effective April 1, 2017.

David Whitley previously served as the Appointments Director for Governor Greg Abbott. Prior to that, he served as deputy appointments director. He began working for then-Attorney General Abbott in 2004, serving in various roles including Assistant Deputy Attorney General. During law school, he worked in the Texas Senate. He received his finance and law degrees from The University of Texas at Austin.

Gaby Fuentes previously served as Deputy Appointments Director. She has been a part of the Governor’s Appointments Office since 2001. She began her state career at the Texas Historical Commission. She received a Bachelor of Arts in Spanish with a minor in journalism from The University of Texas and completed the Governor’s Executive Development Program at the LBJ School of Public Affairs.

Texas Companies on the New York Stock Exchange – On Monday, Governor Greg Abbott hosted a reception at the Governor's Mansion honoring leading companies and CEOs from the state of Texas. Also in attendance at the event were officials from the New York Stock Exchange (NYSE), including President Tom Farley. Texas is home to 270 companies currently on the NYSE, the most of any other state in the country. Governor Abbott said, “Tonight’s representation of Texas companies on the New York Stock Exchange is a testament to the diversification and strength of our state’s economy. Texas is home to the second-highest number of Fortune 500 companies of the 50 states, and I remain committed to claiming the top spot in the near future. As Governor, I will continue to pursue policies that entice business to expand and relocate to Texas to create more jobs for Texans."

Boeing Announcement – On Wednesday, Governor Greg Abbott welcomed the new Boeing Global Services (BGS) headquarters to Texas. Boeing currently employs more than 4,000 employees in the state and has facilities in Houston, San Antonio and the Dallas/Fort Worth area. The BGS site will be located in Legacy West in the Plano area and will house BGS leadership as well as support staff and will serve as the central hub for 20,000 employees around the world. Governor Abbott said, “Texas continues to be a global powerhouse in business expansion and relocation because of our economic policies that encourage industry leaders, like Boeing, to expand their operations here. As governor, I will continue to promote a low-tax and reasonable regulatory environment that removes barriers to entry and provides certainty for businesses. I am proud to welcome Boeing’s new Global Services unit to Texas and look forward to working with them further to continue their expansion in the Lone Star State.”

SENATE The Senate was in session Monday, Tuesday, Wednesday and Thursday of this week.

On Monday, the Senate passed 48 bills on its first Local and Uncontested Calendar of the session. They also passed 11 bills from the Intent Calendar including:

SB 248 by Charles Schwertner (R-Georgetown) would establish a process by which a special utility district can legally dissolve. The committee substitute was adopted and it passed by a vote of 30-1.

SB 528 by Brian Birdwell (R-Granbury) would specify that the term for governor-appointed chief administrative law judges expires on May 15 of each even-numbered year. It passed unanimously.

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SB 667 by Judith Zaffirini (D-Laredo) would require the Office of Court Administration to establish a Guardianship Compliance Program. It passed by a vote of 30-1.

SB 1096 by Judith Zaffirini (D-Laredo) would require a peace officer that detains or arrests a person who is a ward notify the court that has jurisdiction over the ward’s guardianship of the arrest or detention within one working day. One floor amendment was adopted and it passed by a vote of 30-1.

SB 1172 by Charles Perry (R-Lubbock) would prohibit a political subdivision from adopting an order, ordinance, or other measure to regulate agriculture seeds. One floor amendment was adopted and it passed by a vote of 30-1.

SJR 27 by Van Taylor (R-Plano) would propose a constitutional amendment repealing Section 14, Article IX of the Texas Constitution, which repeals county authority to provide for manual labor poor houses and farms. It passed unanimously.

NOTE: Information on some of the bills that passed on the Local and Uncontested calendar and other bills that passed the Senate on Monday are noted in the issue categories below.

On Tuesday, the Senate passed 16 bills including:

SB 19 by Kel Seliger (R-Amarillo) would institute performance-based tuition at Texas public higher education institutions. The committee substitute and one floor amendment were adopted and it passed by a vote of 29-2. The floor amendment was by Senator Charles Schwertner (R-Georgetown) and it would limit future tuition increases at public universities to no more to 1% over the rate of inflation. The amendment was adopted by a 20-11 vote.

SB 42 would be the Judge Julie Kocurek Judicial and Courthouse Security Act of 2017 and would establish local court security committees and require court security training for judges and other court personnel. Senator Zaffirini said, "The implementation of these measures would improve safety for everyone who interacts with the Texas justice system, including judges, courthouse personnel, lawyers, jurors and citizens. The attack on Judge Korcurek was not only an assault on our judicial system, but also a wake-up call to improve security for all judges and courthouses in our state, Her courage and perseverance in returning to the bench proved that criminals cannot thwart justice by threatening or intimidating Texas judges. What's more, her desire to ensure that others are not attacked and her belief in justice for all inspired her meaningful advocacy for improving court security." The committee substitute and one floor amendment were adopted and it passed by a vote of 26-5.

SB 301 by Kirk Watson (D-Austin) is the sunset bill for Employees Retirement System of Texas. The committee substitute was adopted and it passed unanimously.

SB 302 by Kirk Watson (D-Austin in the sunset bill for the State Bar of Texas. The committee substitute and two floor amendments were adopted and it passed unanimously.

SB 303 by Kirk Watson (D-Austin) is the sunset bill for the Board of Law Examiners. The committee substitute was adopted and it passed by a vote of 30-1.

SB 452 by Kelly Hancock (R-North Richland Hills) would provide that contract work funded with state money may not prohibit, require, discourage, or encourage a person bidding on the public work contract from entering into or adhering to an agreement with a collective bargaining organization. It passed to Third Reading on Monday and received final Senate approval on Tuesday by a vote of 20-11.

SB 570 by Jose Rodriguez (D-El Paso) would clarify regulations regarding used or scrap tire generators. It passed to Third Reading on Monday by a vote of 21-10 after the committee substitute and one floor amendment were adopted. It received final Senate approval on Tuesday by the same vote.

SB 573 by Craig Estes (R- Wichita Falls) would expand the allowable uses of freshwater fishing stamp revenue to include construction of and costs associated with new hatcheries. It passed unanimously.

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SB 576 by Joan Huffman (R-Houston) would be the Campus Sexual Assault & Violence Elimination Act or “C-SAVE," and it would require both public and private Texas colleges and universities to account for incidents of rape and sexual violence on their campuses. The committee substitute and one floor amendment were adopted and it passed by a vote of 30-1.

SB 706 by Brian Birdwell (R-Granbury) would abolish the Council on Competitive Government and transfer its functions to the Comptroller. The committee substitute was adopted and it passed unanimously.

SB 1305 by Robert Nichols (R-Jacksonville) would repeal the Transportation Infrastructure Fund and repeal County Energy Transportation Reinvestment Zones (CETRZs). One floor amendment was adopted and it passed unanimously. (Note: the companion HB 2813 is scheduled for a hearing in the House Energy Resources Committee on Monday, April 10, 2017.)

SB 1575 by Charles Perry (R-Lubbock) would enhance penalties to a second-degree felony for sex offenders who assault security or commit other violent offenses against treatment service providers and staff. It passed unanimously.

The Senate also gave preliminary approval to SB 18 by Kel Seliger (R-Amarillo), which would eliminate the tuition set-aside requirement for institutions of higher education to set aside a portion of tuition payments to be used for tuition assistance for qualified students. One floor amendment was adopted and it passed to third reading by a vote of 20-11. On Wednesday, the vote to pass HB 18 to Third Reading was reconsidered, three additional floor amendments were adopted, and it passed to Third Reading again. SB 18 received final approval on Thursday by a vote of 20-11.

On Wednesday, the Senate passed 15 bills including:

SB 39 by Judith Zaffirini makes several changes to guardianship statutes. The committee substitute and one floor amendment were adopted and it passed unanimously.

SB 91 by Bob Hall (R-Canton) would authorize law enforcement agencies and municipal parking enforcement authorities to use an automatic license plate reader; and it would require all images and data produced from an automatic license plate reader to be destroyed within one year of the collection unless the image or data is evidence in a criminal investigation of prosecution. It would prohibit law enforcement agencies from entering into an agreement to provide images or any related data produced from the automatic license plate reader for a commercial purpose. The committee substitute and two floor amendments were adopted and it passed unanimously.

SB 203 by Juan “Chuy” Hinojosa (D-McAllen) would remove the deadline for the Department of Family and Protective Services to enter into new permanency care assistance agreements. It passed unanimously. Note: the companion, HB 511, has passed the House.

SB 304 by Van Taylor (R-Plano) is the sunset bill for the Texas Board of Chiropractic Examiners. One floor amendment was adopted and it passed unanimously.

SB 488 by Paul Bettencourt would be the Texas Ballot Integrity Act. It would require clear ballot language that accurately defines the proposition being placed before voters. Senator Bettencourt said, “Voters should not be faced with the prospect of a city simply refusing to follow the law on ballot initiatives and charter challenges, the Texas Ballot Integrity Act will return transparency and accountability to the voting booth to ensure uniform and fair elections.” The committee substitute and two floor amendments were adopted and it passed to Third Reading by a vote of 23-7. On final adoption, it passed by a vote of 24-6.

SB 737 by Kelly Hancock (R-North Richland Hills) would require that the proposed budget of a local government that includes revenue from a new fee or an increase in an existing fee to contain a statement that the budget included a fee increase and itemize the fees being increased; and would require the city to develop an e-mail notification service to which people can subscribe to receive information regarding

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new or increased municipal fees. Two floor amendments were adopted and it passed by a vote of 29-1. One floor amendment requires a public hearing before a municipality can adopt a new fee or increase an existing fee. The other floor amendment exempts small municipalities in a county with a population of less than 30,000.

SB 744 by Lois Kolkhorst (R-Brenham) would require a municipality that imposes a tree mitigation fee for tree removal that is necessary for development or construction on a person’s property must allow that person to apply for a credit for tree planting to offset the amount of the fee. The committee substitute and one floor amendment were adopted and it passed unanimously.

SB 1045 by Craig Estes (R-Wichita Falls) would allow Texas Commission on Environmental Quality to consolidate the notice of intent to obtain a permit with the notice of preliminary decision into one notice. It passed by a vote of 26-4.

SB 1051 by Kirk Watson (D-Austin) would require driver education programs to provide an accommodation for deaf students. The committee substitute was adopted and it passed by a vote of 29-1.

SB 1251 by Royce West (D-Dallas) would allow a person who is registering or renewing a motor vehicle registration to option to voluntarily donate to the Ending Homelessness Fund administered by the comptroller to provide grants to counties and municipalities to combat homelessness. It passed by a vote of 25-5.

SB 1539 by Kirk Watson (D-Austin) is the sales tax cleanup bill. The committee substitute was adopted and it passed unanimously.

SB 1620 by Van Taylor (R-Plano) would remove prohibitions on residents raising six or fewer backyard chickens. It would authorize municipalities to create reasonable requirements as long as up to six chickens can be raised. It passed unanimously after several minutes of “pun-filled” debate.

On Thursday, the Senate passed seven bills including:

SB 460 by Eddie Lucio, Jr. (D-Brownsville) would prohibit a political subdivision from issuing general obligation bonds to purchase, improve, or construct improvements or purchase personal property if the projected useful life of the improvements or property ends before the maturity date of the bonds. The committee substitute was adopted and it passed by a vote of 30-1.

SB 467 by Eddie Lucio, Jr. (D-Brownsville) would require the language of ballot propositions to substantially submit the question with definiteness and certainty in identifying the proposition’s chief features that the voters are not misled. It passed unanimously.

SB 929 by Bryan Hughes (R-Mineola) would require county tax assessor-collectors to complete at least 40 hours of continuing education on the assessment and collection of property taxes, including a course related to the computation of effective rollback tax rates within one year of taking office. The committee substitute was adopted and it passed by a vote of 30-1.

SB 1120 by Judith Zaffirini (D-Laredo) would add compressed natural gas and liquefied natural gas to the list of fuels taxed as motor fuels that cannot be subjected to additional state or local taxes. It passed unanimously.

SB 1329 by Joan Huffman (R-Houston) would establish additional district courts and county courts at law. The committee substitute was adopted and it passed unanimously.

SB 1004 by Kelly Hancock (R-North Richland Hills) would prohibit a municipality from entering into an exclusive arrangement with a person for use of the public rights-of-way for the construction, operation, marketing, or maintenance of network nodes or node support poles. The committee substitute and one floor amendment were adopted and it passed by a vote of 29-1.

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Total number of bills reported out of Senate Committees this week: 114 Total number of bills passed by the Senate this week: 97

NEXT WEEK

The Senate will re-convene on Monday, April 10th at 2:00 p.m.

HOUSE

The House was in session on Monday through Thursday this week. On Monday, they conducted routine business.

On Tuesday, the House gave preliminary approval to five bills including:

HB 10 by Four Price (R-Amarillo) would require treatments for mental health conditions and substance use disorders to be covered by health insurance plans under the same terms and conditions as treatments for physical health conditions. The committee substitute was adopted and it passed to Third Reading by a vote of 130-12. On Wednesday, it received final passage by a vote of 130-13.

HB 544 by Charles “Doc” Anderson (R-Waco) would allow the rural water assistance fund to be used for water planning. It passed to Third Reading on a voice vote. On Wednesday, it passed by a vote of 143-1.

HB 630 by Donna Howard (D-Austin) would require the Health and Human Services Commission to ensure that agency and advisory committee meetings are broadcast or archived on the agency’s Internet website. It passed to Third Reading on a voice vote. On Wednesday, it received unanimous final approval.

HB 1619 by Hugh Shine (R-Temple) would revise penalties for outdoor burning violations. One floor amendment was adopted and it passed to Third Reading on a voice vote. The floor amendment expands enforcement powers from the Texas Commission on Environmental Quality to local law enforcement. On Wednesday, it received unanimous final approval.

On Wednesday, the House gave preliminary approval to 10 bills including:

HB 284 by Drew Springer (R-Muenster) would allow residents in assisted living centers to have the right to request seatbelts for their wheelchairs if they have the ability to buckle their own seatbelt. The committee substitute was adopted and it passed to Third Reading on a voice vote, and received unanimous final approval on Thursday.

HB 402 by Dan Huberty (R-Humble) would allow low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program (LIRAP) money to be used for local initiative projects to improve air quality; and would require at least 90 percent of the revenue derived from fees collected in Harris County to be used on the LIRAP program in Harris County. Four floor amendments were adopted and it passed to Third Reading on a voice vote. The floor amendments ratcheted the population threshold down to 420,000 making the bill apply to several other counties. It received unanimous final approval on Thursday.

HB 890 by Charlie Geren (R-Fort Worth) would require the seller of property located near a military installation to provide notice to a purchaser that the property may be located near a military installation and may be affected by high noise or air installation compatible use zones or other operations. It passed to Third Reading by a vote of 131-11. It received final approval on Thursday by a vote of 133-9.

HB 1021 by John Smithee (R-Amarillo) would allow county law library funds to be used to establish self-help legal resource centers for litigants representing themselves. It passed to Third Reading on a voice vote, and received unanimous final approval on Thursday.

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HB 1227 by John Smithee (R-Amarillo) would clarify requirements for individual health benefit plans to make transparent prescription drug coverage formulary information. The committee substitute was adopted and it passed to Third Reading on a voice vote, and received unanimous final approval on Thursday.

HB 1697 by Four Price (R-Amarillo) would require the Health and Human Services Commission to establish the Pediatric Health Electronic Access in Rural Texas Grant Program to award grants to nonurban health care facilities to connect the facilities with pediatric specialists and subspecialists who provide telemedicine medical services. The committee substitute and one floor amendment were adopted and it passed to Third Reading by a vote of 136-6. It received final approval on Thursday by a vote of 140-5.

HB 1729 by Victoria Neave (D-Dallas) would establish a grant program for the testing of sexual offense evidence for counties and law enforcement agencies to receive grants to pay for accredited crime laboratories. The committee substitute and one floor amendment were adopted and it passed to Third Reading on a voice vote. It received unanimous final approval on Thursday.

HB 1829 by Charlie Geren (R-Fort Worth) would require the State Preservation Board to contract with a nonprofit organization to develop and implement a plan to raise funds for the preservation, maintenance, and improvement of the Capitol and its grounds. It passed to Third Reading on a voice vote and received unanimous final approval on Thursday.

On Thursday, the House spent over 15 hours debating more 400 proposed amendments (64 of which were adopted) before giving preliminary approval to SB 1 by Jane Nelson (R-Flower Mound) and John Zerwas (R-Fulshear), the general appropriations bill by a vote of 129 to 18. Then, they suspended the constitutional rule requiring bills to be read on three several days and gave it final passage by a vote of 131-16, with the Speaker voting “Aye.”

They also took up HB 2 by John Zerwas (R-Fulshear), the supplemental appropriations bill. The committee substitute and one floor amendment were adopted, and it was passed to Third Reading by a vote of 145-0. After the Constitutional rule suspension the House gave it final approval by a vote of 141-6.

Total number of bills reported out of House Committees this week: 147 Total number of bills passed by the House this week: 17

NEXT WEEK

The House will re-convene on Monday, April 10th at 2:00 p.m.

BUDGET Passed the Senate:

SB 80 by Jane Nelson (R-Flower Mound) would eliminate and streamline state agency reports that no longer serve their intended purpose or are redundant of other reporting requirements. The committee substitute was adopted and it passed on Monday’s Senate Local and Uncontested Calendar.

On Monday, the Senate Finance Committee took up:

SB 446 by Konni Burton (R-Colleyville) would require a political subdivision to report to the comptroller before it accepts or spends federal funds not appropriated by the legislature and would require the comptroller to create a searchable online database for the information. It was left pending.

SB 806 by Brandon Creighton (R-Conroe) would require the Legislative Budget Board to prepare a report concerning federal money that is provided to the state that includes a method of finance in the general

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appropriations act and is subject to a coercive federal condition that outlines conditions that prescribe the manner in which the federal money must be spent. It was left pending.

SB 1008/SJR 41 by Kel Seliger (R-Amarillo) would reduce the rate of the oil and gas production tax and suspend transfers into the Economic Stabilization Fund (ESF) when the balance exceeds $5 billion. They were left pending.

Also on Monday, the House Elections Committee took up:

HB 151 by Ron Simmons (R-Carrollton) would require all bond elections to be held on the November uniform election date. It was left pending.

HB 738 by Matt Shaheen (R-Plano) would require political subdivisions to include detailed information on ballot propositions authorizing debt secured by property taxes including the principal amount of the debt, the amount of outstanding principal of debt previously issued by the entity, and the maximum estimated amount necessary to retire the debt. It was left pending.

HB 1658 by Dade Phelan (R-Port Neches) would require a political subdivision that has a ballot proposition that increases, changes or reduces a tax rate or authorizes the issuance of bonds to include the amount of the increase or decrease in the tax on a median value residence. It was left pending.

HB 1910 by Scott Sanford (R-McKinney) would prohibit a school district from including more than one project in any proposition submitted to voters to authorize the issuance of bonds. It was left pending.

ECONOMIC DEVELOPMENT On Tuesday, the Senate Natural Resources and Economic Development Committee took up:

SB 400 by Lois Kolkhorst (R-Brenham) would require the comptroller to verify information submitted in Chapter 313 reports using data from the Texas Workforce Commission, the chief appraiser, or other sources the Comptroller considers reliable. It was left pending.

SB 650 by Paul Bettencourt (R-Houston) would prohibit tax increment financing on property unless the area is unproductive, underdeveloped, or blighted as defined by the attorney general. It was left pending.

SB 1765 by Sylvia Garcia (D-Houston) would provide that tax increment reinvestment zones established after September 1, 2017 would automatically terminate after ten years; would clarify that they must be in an area that is unproductive, underdeveloped or blighted; would provide that zones in existence prior to September 1, 2017 would expire on the termination date expressed in the ordinance or the date on which all project costs, bonds, or other obligations of the zone have been paid in full; and would require municipalities to post prescribed information regarding zones on the municipality’s Internet website. It was left pending.

NEXT WEEK

The House Government Transparency and Operation Committee will meet on Monday, April 10, 2017 at 2:00 p.m. in E2.028 to take up:

HB 4038 by Dwayne Bohac (R-Houston) would add to the definition of “qualifying job” for purposes of the sales tax exemption for tangible personal property associated with a data center a new employment position staffed by a third-party employer if a written contract exists between the third-party employer and a qualifying owner, operator or occupant that provides that the employment position is permanently assigned to an associated qualifying data center.

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ENERGY On Monday, the House Energy Resources Committee took up:

HB 129 by Tom Craddick (R-Midland) would allow a payor of proceeds delivered from the sale of oil or gas production to provide required information to a royalty interest owner in a format other than in writing if the payor and owner agree. It was left pending.

HB 237 by Rafael Anchia (D-Dallas) would change the name of the Railroad Commission of Texas to the Texas Energy Resources Commission. It was left pending.

HB 247 by Rafael Anchia (D-Dallas) would require the Railroad Commission to post information related to its enforcement activities on its Internet website, including inspection and enforcement activity, violations, and the amount of penalties assessed. It was left pending.

HB 642/HJR 47 by Larry Phillips (R-Sherman) would change the name of the Railroad Commission of Texas to the Texas Energy Commission. They were left pending.

HB 1481 by J.M. Lozano (R-Kingsville) would repeal the authority for the General Land Office to impose a fee for cost recovery for processing an application for a discharge prevention and response certificate. It was left pending.

HB 1571 by Chris Paddie (R-Marshall) would require the energy savings performance contracts of local governmental entities to report the estimated amount of avoided expected future operating and maintenance costs. It was left pending.

HB 2488 by Stan Lambert (R-Abilene) would define “treatment” as a manufacturing, mechanical, or chemical process other than sizing, shaping, diluting, or sorting for purposes of statutes relating to the treatment and recycling for beneficial use of drill cuttings. It was left pending.

HB 2638 by Larry Gonzales (R-Round Rock) would authorize the Railroad Commission to apply for, hold, and protect a patent. It was left pending.

On Wednesday, the House State Affairs Committee took up:

HB 787 by Tan Parker (R-Flower Mound) would establish the Electric Grid Security Advisory Committee to study the Texas electric grid and the computer systems and networks related to it and to share its findings with any state agency it considers important to the security of the electric grid or associated computer systems and networks. It was left pending.

HB 1460 by Paul Workman (R-Austin) would allow a retail customer or a group of customers whose total electric usage exceeds 25,000 megawatt hours per year to file a request for the Public Utility Commission (PUC) to review the Austin Energy rates that apply to that group of customers. If the PUC determines Austin Energy's rates are not just and reasonable or are not consistent with the rates available to customers who have access to the competitive market, the PUC would be required to set rates for those customers or allow those customers to purchase electricity from a retail provider. It was left pending.

HB 1665 by Rene Oliveira (D-Brownsville) would require the Public Utility Commission to develop rules to encourage the development of switchable generation on the Texas/Mexico border. It was left pending.

NEXT WEEK

The House Energy Resources Committee will meet on Monday, April 10, 2017 at 2:00 p.m. in E2.010 to take up:

HB 1931 by Shawn Thierry (D-Houston) would require major commercial contractors to submit an annual plan to the State Energy Conservation Office specifying efforts taken to increase Historically Underutilized Business (HUB) contract procurement.

HB 2715 by Drew Darby (R-San Angelo) would require administrative penalties assessed by the Railroad Commission to be deposited in the Oil and Gas Regulation and Cleanup Fund.

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HB 2813 by Drew Darby (R-San Angelo) would repeal the Transportation Infrastructure Fund and repeals County Energy Transportation Reinvestment Zones (CETRZs). (Note: the companion, SB 1305, passed the Senate on Tuesday)

HB 3726 by Tony Dale (R-Cedar Park) would eliminate examination and continuing education requirements for holders of a liquefied petroleum gas license.

ENVIRONMENT Passed the Senate:

SB 864 by Charles Perry (R-Lubbock) would require Texas Commission on Environmental Quality to identify any proposed alternative source of water in the notice for a water rights permit. It passed on Monday’s Senate Local and Uncontested Calendar.

On Monday, the Senate Agriculture, Water and Rural Affairs Committee took up:

SB 225 by Van Taylor (R-Plano) would prohibit the Texas Commission on Environmental Quality from referring an application issue to the State Office of Administrative Hearings unless the issue is a disputed question of fact or a disputed mixed question of law and fact and relevant and material to a decision on the application for a water right. It was left pending.

SB 862 by Charles Perry (R-Lubbock) would allow attorney’s fees to be awarded to the prevailing party in a suit against a groundwater conservation district. It was reported out favorably as substituted.

SB 1053 by Charles Perry (R-Lubbock) would allow an affected person to appeal a groundwater conservation district’s adoption of a desired future condition directly to a district court with jurisdiction over any part of the territory of the district. It was left pending.

SB 1430 by Charles Perry (R-Lubbock) would direct the Texas Commission on Environmental Quality to expedite a water rights permit amendment application if the amount of water diverted is equal to or less than the amount of the desalinated seawater used by the water rights holder and the water is not being diverted to another basin. It was reported out favorably as substituted.

SB 1525 by Charles Perry (R-Lubbock) would require the Texas Water Development Board to study water needs and availability in the state and to use the results to produce a a comprehensive water resources map. It was reported out favorably and recommended for the Local and Uncontested Calendar.

Also on Monday, the House Government Transparency and Operation Committee took up:

HB 3027 by Dade Phelan (R-Port Neches) would subject regional water planning groups to open meeting and public information requirements. It was initially left pending but it was voted out favorably as substituted on Wednesday.

On Tuesday, the House Environmental Regulation Committee took up:

HB 2517 by Phil Stephenson (R-Wharton) would prohibit the Texas Commission on Environmental Quality from issuing a permit, registration, or other authorization for land application of grit or grease trap waste. It was left pending.

HB 2662 by Brooks Landgraf (R-Odessa) would increase the amount of radioactive waste that compact radioactive waste disposal facilities can dispose; and would grant the Radioactive Waste Disposal Compact Commission the authority to grant exemptions to allow disposal above that limit. It was left pending.

HB 2958 by Ed Thompson (R-Pearland) would put a moratorium for the issuance of solid waste facility permits until September 1, 2019 and require Texas Commission on Environmental Quality to conduct a study assessing the safety and regulation of solid waste facilities. It was left pending.

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HB 3090 by John Cyrier (R-Lockhart) would allow peace officers to enforce laws prohibiting outdoor burning of waste and combustible material. It was reported out favorably and recommended for the Local and Consent Calendar.

Also on Tuesday, the Senate Natural Resources and Economic Development Committee took up:

SB 1330 by Kel Seliger (R-Amarillo) would clarify the fees collected to fund operations of the Texas Low-Level Radioactive Waste Disposal Compact Commission. It was left pending.

SB 1871 by Judith Zaffirini (D-Laredo) would create a new offense for theft of petroleum products or oil and gas equipment and prescribes a penalty ladder. It was left pending.

SB 1915 by Dawn Buckingham (R-Lakeway) would exempt an extraction area from which marble or granite material is extracted for decorative or artistic uses and the average amount of riprap removed per year is less than 1,500 tons from regulation as an aggregate production operation. It was left pending.

SB 1917 by Dawn Buckingham (R-Lakeway) would exempt an extraction area from which marble or granite material is extracted for decorative or artistic uses and the average amount of riprap removed per year is less than 1,500 tons from regulation as an aggregate production operation. It was left pending. (Note: the companion, HB 2582, is set for a hearing on Tuesday, April 11, 2017 in the House Environmental Regulation Committee)

SB 2100 by Sylvia Garcia (D-Houston) would require the Texas Railroad Commission to conduct a study of the actual cost of programs associated with its fee structure. It was left pending.

On Wednesday, the House Natural Resources Committee took up:

HB 1536 by Jessica Farrar (D-Houston) would require the Texas Commission on Environmental Quality to study the installation and use of green stormwater infrastructure; and would define green stormwater infrastructure as infrastructure that reduces and treats stormwater at the source using vegetation, soils and other natural processes. It was left pending.

HB 1573 by Four Price (R-Amarillo) would require the Water Development Board to establish training standards for certified water loss auditors and would require water loss auditors to demonstrate comprehensive knowledge of water utility systems and terminology and any tools available for analyzing audit results. It was left pending.

HB 1648 by Four Price (R-Amarillo) would authorize a retail public water utility to designate an employee as the water conservation coordinator responsible for implementing the water conservation plan. It was left pending.

HB 2215 by Four Price (R-Amarillo) would require regional water planning groups to submit to the Texas Water Development Board a regional water plan that is consistent with the desired future conditions most recently adopted for relevant aquifers located in the area that includes opportunities for large-scale desalination facilities for marine seawater or brackish groundwater. It was left pending.

HB 2334 by Tom Oliverson (R-Houston) would make it an offense to violate a rule adopted under the Flood Control and Insurance Act. It was left pending.

HB 2377 by Lyle Larson (R-San Antonio) would require a groundwater conservation district (GCD) located over any part of a brackish groundwater zone that receives a petition from a person with a legally defined interest in groundwater in the GCD to adopt rules to govern the issuance of permits to withdraw brackish groundwater. It was left pending.

HB 2802 by Lyle Larson (R-San Antonio) would remove Sunset Advisory Commission review of river authorities. It was left pending.

HB 2894 by Eddie Lucio, III (D-Brownsville) would direct the Texas Commission on Environmental Quality to expedite a water rights permit amendment application if the amount of water diverted is equal to or

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less than the amount of the desalinated seawater used by the water rights holder and the water is not being diverted to another basin. It was left pending.

HB 3025 by Tracy King (D-Uvalde) would require an abandoned well to be plugged or capped within 30 days (instead of 180 days) after the date the landowner learns of its condition. It was left pending.

HB 3618 by Tracy King (D-Batesville) would require river authorities to submit a written summary report on the water quality assessment of the authority’s watershed to the Texas Commission on Environmental Quality, the Soil and Water Conservation Board and the Texas Parks and Wildlife Department. It was left pending.

NEXT WEEK

The House Natural Resources Committee’s Subcommittee on Special Water Districts will meet on Monday, April 10, 2017 at 2:00 p.m. in Room 140 JHR of the John H. Reagan State Office Building to take up:

HB 3028 by DeWayne Burns (R-Cleburne) would afford a landowner the right to a fair share of groundwater when the right to drill a well and produce groundwater is regulated.

HB 3031 by Tracy King (R-Uvalde) would require Texas Commission on Environmental Quality to identify any proposed alternative source of water in the notice for a water rights permit.

HB 3043 by Paul Workman (R-Austin) would establish a groundwater management area planning group to conduct joint planning and to review the management plans, the accomplishments of the management area, and proposals to adopt new or amend existing desired future conditions.

HB 3166 by Eddie Lucio, III (D-Brownsville) would define modeled sustainable groundwater pumping as the maximum amount of groundwater that the Texas Water Development Board determines may be produced in perpetuity from an aquifer on an annual basis using the best available science.

The Senate Agriculture, Water and Rural Affairs Committee will meet on Monday, April 10, 2017 at 2:00 p.m. in E1.012 of the capitol extension to take up:

SB 1392 by Charles Perry (R-Lubbock) would add a definition of “common reservoir” to groundwater conservation district statutes and would require each groundwater owner overlying a common reservoir to be treated fairly.

SB 1511 by Charles Perry (R-Lubbock) would require the state water planning process to include consideration of implementation of projects included in the preceding state water plan that were given a high priority including an analysis of any impediments to the implementation of the projects.

The House Environmental Regulation Committee will meet on Tuesday, April 11, 2017 at 8:00 a.m. in E1.026 of the capitol extension to take up:

HB 2092 by Geanie Morrison (R-Victoria) would prohibit the Texas Commission on Environmental Quality from issuing a permit, registration, or other authorization for land application of grit or grease trap waste.

HB 2479 by Cecil Bell, Jr. (R-Magnolia) would allow the Texas Commission on Environmental Quality to return an incomplete or inaccurate application for a solid waste facility to the applicant for completion or correction. But the commission would be required to deny a permit application that is incomplete or inaccurate if the applicant has had an opportunity to make the correction and would prohibit the commission from approving a subsequent application for a solid waste facility at that site.

HB 2582 by J. D. Sheffield (R-Gatesville) would exempt an extraction area from which marble or granite material is extracted for decorative or artistic uses and the average amount of riprap removed per year is less than 1,500 tons from regulation as an aggregate production operation. (Note: the companion SB 1917, was heard in the Senate Natural Resources and Economic Development Committee on Tuesday and left pending)

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HB 2771 by Dade Phelan (R-Port Neches) would eliminate the fee related to wastewater treatment permit applications.

HB 3058 by Jason Isaac (R-Dripping Springs) would authorize Texas Commission on Environmental Quality’s technology implementation grant program to issue grants for the installation of systems on upstream and midstream oil and gas infrastructure to reduce flaring emissions by capturing waste heat to generate electricity.

HB 3175 by Ron Reynolds (D-Richmond) would authorize Texas Commission on Environmental Quality (TCEQ) to collect an annual greenhouse gas emissions fee of $5 per ton of carbon dioxide equivalent emitted from an electric generating facility that has a permit from TCEQ and is subject to federal greenhouse gas reporting requirements.

GENERAL BUSINESS On Tuesday, the House Investments and Financial Services Committee took up:

HB 2726 by Justin Holland (R-Frisco) would require the banking commissioner to promptly notify an applicant for a state bank promptly when an application is informationally complete. It would prohibit a safe deposit company from terminating an agreement for the rental of a safe deposit box unless the lessee receives 90 days notice, or the payment is at least six months delinquent. It was left pending.

HB 2839 by Oscar Longoria (D-Edinburg) would allow a merchant to require an individual using a credit or debit card in a point of sale transaction to provide photo identification verifying the identity of the cardholder. It was left pending.

Also on Tuesday, the Senate Business and Commerce Committee took up:

SB 714 by Kel Seliger (R-Amarillo) would require a financial institution to notify a customer of the type of account the customer has selected; and would be able to satisfy that requirement by providing the customer with a copy of the account opening or modification documentation in paper of electronic format. It would also clarify if a type of multiple-party account is not available from the financial institution, the institution is not required to make a disclosure about that type of account. It was initially left pending, but it was voted out favorably on Thursday.

SB 830 by Jose Rodriguez (D-El Paso) would require all seller-financed lenders to give borrowers annual statements that include how much money was paid and is still owed on a loan. It was left pending.

SB 1052 by Bryan Hughes (R-Mineola) would allow a debt cancellation agreement to be offered in connection with a retail installment contract or retail charge agreement. It was initially left pending but it was voted out favorably as substituted on Thursday.

SB 1381 by Bryan Hughes (R-Mineola) would allow a merchant to require an individual using a credit or debit card in a point of sale transaction to provide photo identification verifying the identity of the cardholder. It was initially left pending but it was voted out favorably on Thursday.

SB 1517 by Kelly Hancock (R-North Richland Hills) would add to the definition of “person” under the Business Organizations Code a series of a domestic limited liability company or a foreign entity; and would establish procedures for service of process on series of limited liability companies or foreign entities. It also makes several changes to statutes related to limited liability companies. It was initially left pending but it was voted out favorably on Thursday.

NEXT WEEK

The House Licensing and Administrative Procedures Committee will meet on Monday, April 10, 2017 at 2:00 p.m. in E2.026 of the capitol extension to take up:

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HB 2101 by John Frullo (R-Lubbock) would allow the holder of a wine and beer retailer’s permit to be issued a food and beverage certificate if the total receipts from the sale of alcoholic beverages for the premises are no more than 50 percent of the total receipts for the premises.

The House Investments and Financial Services Committee will meet on Tuesday, April 11, 2017 at 2:00 p.m. in E2.010 of the capitol extension to take up:

HB 1985 by Dan Flynn (R-Van) would allow a debt cancellation agreement to be offered in connection with a retail installment contract or retail charge agreement.

HB 3224 by Mary Ann Perez (D-Houston) would require investment advisors to report suspected financial abuse of elderly persons.

HB 3419 by Eddie Lucio, III (D-Brownsville) would increase the maximum cash advance under a consumer loan from $200 to $500.

HB 3448 by Oscar Longoria (D-Edinburg) would authorize a lender to offer but not require a borrow to purchase a single premium term life insurance policy in connection with a consumer loan.

HB 3503 by Shawn Thierry (D-Houston) would make it an offense to and set the penalties for financial abuse of an elderly person.

HEALTH Passed the Senate:

SB 74 by Jane Nelson (R-Flower Mound) would streamline credential requirements for behavioral health providers. It passed on Monday’s Senate Local and Uncontested Calendar.

SB 404 by Lois Kolkhorst (R-Brenham) would prohibit health care practitioners from providing alcoholic beverages to a patient or to a person accompanying the patient in practitioner's office, and impose an administrative penalty for violations. The committee substitute was adopted and it passed on Monday’s Senate Local and Uncontested Calendar.

SB 491 by Kirk Watson (D-Austin) would allow the Texas Higher Education Coordinating Board to contract with one or more organizations to operate the statewide preceptorship program in family medicine for students enrolled in Texas medical schools. It passed on Monday’s Senate Local and Uncontested Calendar.

SB 680 by Kelly Hancock (R-North Richland Hills) would establish guidelines for step therapy protocols required by a health benefit plan in connection with prescription drug coverage. The committee substitute and one floor amendment were adopted and it passed unanimously on Monday. (Note: the substitute, HB 1464, is scheduled to be heard in the House Insurance Committee on Tuesday, April 11, 2017)

SB 790 by Borris Miles (D-Houston) would continue operations of the women's health advisory committee until 2019. It passed unanimously.

SB 1066 by Charles Schwertner (R-Georgetown) would require an institution of higher education that completes preliminary planning for a new doctor of medicine (M.D.) or doctor of osteopathic medicine (D.O.) degree program to provide the Texas Higher Education Coordinating Board a specific plan regarding the addition of first-year residency positions for the graduate medical education program to be offered in connection with the new degree program. It passed on Monday’s Senate Local and Uncontested Calendar.

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On Tuesday, the House Insurance Committee took up:

HB 195 by Diego Bernal (D-San Antonio) would require all health benefit plans and group health benefit plans in the state, including all children health benefit plans, Medicaid and Medicare, worker’s compensation, and long-term care plans to ensure that coverage for a diagnostic mammogram is subject to the same dollar limits, deductibles, and coinsurance factors as coverage for a screening mammogram. It was left pending.

HB 1036 by Senfronia Thompson (D-Houston) would include breast tomosynthesis in the definition of low-dose mammography for the purposes of health benefit plan coverage requirements. It was left pending.

HB 1296 by John Frullo (R-Lubbock) would establish guidelines requiring health benefit plans that provide prescription drug coverage, pharmacies, and health care providers to work together to synchronize the dates of an enrollee’s prescription drug coverage and the dates a pharmacy dispenses a covered drug in order to benefit the enrollee. It was left pending.

HB 1635 by John Smithee (R-Amarillo) would authorize the Commissioner of Insurance to request a state innovation waiver for small employer health benefit plans of the actuarial value requirements and related levels of health plan coverage requirements set by the U.S. secretary of health and human services. It was left pending.

HB 1675 by Dan Flynn (R-Van) would establish acceptable methods of payment of health care claims to, and guidelines for refusing payment for, health care providers by health benefit plan issuers. It was left pending.

HB 2036 by Phil King (R-Weatherford) would establish premium and maintenance tax credits for federal health insurer provider fees paid under the Patient Protection and Affordable Care Act. It was left pending.

HB 2262 by Lance Gooden (R-Terrell) would provide requirements for health benefit plan coverage of accelerated refills for prescription eye drops that treat a chronic eye disease. It was left pending.

HB 2501 by Larry Phillips (R-Sherman) would delete entities arranging nonemergency medical transportation under contract with the state or a managed care organization for individuals qualifying for Medicaid or Medicare from the definition of “transportation network company.” It was left pending.

HB 2760 by Greg Bonnen (R-Friendswood) would establish health benefit provider network adequacy and accuracy standards including requirements for documenting reports of provider network information errors, mediation request information, and information on terminations without cause. An administrative penalty would be provided. It was left pending.

HB 3102 by Greg Bonnen (R-Friendswood) would prohibit a health benefit plan that covers prescription eye drops or other topical medications used to treat a disease or condition of the eye from requiring that an enrollee receive prior authorization for the drops or medications. It was left pending.

HB 3218 by Larry Phillips (R-Sherman) would clarify that a health maintenance organization is authorized to contract with an entity that provides a network of providers of health care services and that such a contract is not subject to delegation agreement requirements for proof of minimum solvency and reserve requirements. It was left pending.

HB 3226 by Larry Phillips (R-Sherman) would create the Temporary Texas Health Insurance Risk Pool to provide a temporary mechanism for maximizing available federal funding to assist Texans in obtaining access to quality health care at minimum cost to the public. It was left pending.

HB 3276 by Tom Oliverson (R-Houston) would require a hospital or freestanding emergency medical care facility to post a written notice that lists the health benefit plans in which the facility participates in the provider network, or that states the facility is not a participating provider in any health benefit plan provider network. It was left pending.

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Also on Tuesday, the House Public Health Committee took up:

HB 11 by Four Price (R-Amarillo) would require the boards of trustees of school districts to adopt a policy to promote a safe and supportive school climate on each campus that includes the use of instructional methods and trauma-informed practices for promoting the social and emotional wellness of students; and special programs addressing students’ mental illness, substance abuse, and behavioral health disorder challenges. It was left pending.

HB 12 by Four Price (R-Amarillo) would make the Jail-Based Competency Pilot Program a permanent program authorizing a defendant deemed incompetent to stand trial for reason of mental illness or intellectual disability to be released on bail to receive outpatient treatment to regain competency for trial. It was left pending.

HB 1407 by J. D. Sheffield (R-Gatesville) would establish the emergency medical services assistance program to provide financial and educational assistance to eligible emergency medical services providers. It was left pending.

HB 1468 by Senfronia Thompson (D-Houston) would establish the same sanitation and safety requirements for artificial swimming lagoons that are required for swimming pools. It was left pending.

HB 2561 by Senfronia Thompson (D-Houston) is the sunset bill for Texas State Board of Pharmacy. It was left pending.

HB 2604 by Jessica Farrar (D-Houston) would require the executive commissioner of health and human services, in coordination with the statewide health coordinating council, the office of mental health coordination, and the statewide behavioral health coordinating council, to develop a five-year strategic plan to improve access to postpartum depression screening, referral, treatment, and support services. It was left pending.

HB 2804 by Four Price (R-Amarillo) would authorize the commissioner of health and human services to extend the emergency scheduling of a controlled substance, not more than once, and for a period not to exceed one year, by publishing the extension in the Texas Register. It was left pending.

HB 2895 by Four Price (R-Amarillo) would require institutions of higher education put a conspicuous link on the institution’s Internet website home page directing students to mental health resources. It was left pending.

HB 2950 by Cindy Burkett (R-Sunnyvale) is the sunset bill for the Texas Board of Nursing. It was left pending.

HB 3078 by Senfronia Thompson (D-Houston) would transfer regulation of podiatry to the Texas Department of Licensing and Regulation. It was left pending.

And on Tuesday, the Senate Business and Commerce Committee took up:

SB 1406 by Brandon Creighton (R-Conroe) would authorize the Commissioner of Insurance to request a state innovation waiver for small employer health benefit plans of the actuarial value requirements and related levels of health plan coverage requirements set by the U.S. secretary of health and human services. It was initially left pending, but it was voted out favorably on Thursday.

SB 1492 by Judith Zaffirini (D-Laredo) would repeal provisions requiring the commissioner of insurance to stabilize long-term care premium rates based on nationally recognized models from 2001. It was initially left pending, but it was voted out favorably on Thursday.

SB 2066 by Kelly Hancock (R-North Richland Hills) would clarify provisions governing the attachment of a hospital lien on a cause of action or claim of an injured person who receives hospital services. It was left pending.

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SB 2087 by Kelly Hancock (R-North Richland Hills) would create the Temporary Texas Health Insurance Risk Pool to provide a temporary mechanism for maximizing available federal funding to assist Texans in obtaining access to quality health care at minimum cost to the public. It was left pending.

On Wednesday, the House State Affairs Committee took up:

HB 2063 by Greg Bonnen (R-Friendswood) would establish general procedures and requirements for do-not-resuscitate orders. It was left pending.

Also on Wednesday, the Senate Health and Human Services Committee took up:

SB 833 by Bryan Hughes (R-Mineola) would make a nonprofit health care organization found in violation of the prohibition against interference with a physician’s professional judgment subject to administrative penalties, including revocation of board certification, and would require any employee, including a physician or chief medical officer, working for a nonprofit health care organization known by the employee to have committed a violation to report that violation to the State Board of Medical Examiners. It was left pending.

SB 849 by Don Huffines (R-Dallas) would temporarily exempt qualified out-of-state physicians and athletic trainers employed by professional or intercollegiate sports teams from state medical licensing laws. It was left pending.

SB 1912 by Judith Zaffirini (D-Laredo) would clarify court procedures in mental health cases. It was left pending.

SB 2001 by Kirk Watson (D-Austin) would clarify the definition of the practice of psychology. It was left pending.

NEXT WEEK

The House Licensing and Administrative Procedures Committee will meet on Monday, April 10, 2017 at 2:00 p.m. in E2.026 of the capitol extension to take up:

HB 2525 by John Zerwas (R-Fulshear) would clarify provisions relating to the licensing and regulation of anesthesiologist assistants by the Texas Physician Assistant Board.

The House Insurance Committee will meet on Tuesday, April 11, 2017 at 8:00 a.m. in E2.016 of the capitol extension to take up:

HB 1464 by Greg Bonnen (R-Friendswood) would establish guidelines for step therapy protocols required by a health benefit plan in connection with prescription drug coverage. (Note: the companion, SB 680, passed the Senate on Monday)

HB 1649 by Sergio Munoz, Jr. (D-Palmview) would prohibit the use of extrapolation by a health maintenance organization or an insurer to audit claims.

HB 2360 by Greg Bonnen (R-Friendswood) would limit the amount that could be charged to an enrollee in a health benefit plan at the point of sale for prescription drugs covered by the plan.

HB 2711 by Sergio Munoz, Jr. (D-Palmview) would require a health benefit plan issuer that provides coverage for laboratory services to establish reasonable terms under which a noninstitutional laboratory may provide laboratory services to enrollees under the health benefit plan, and prohibit an issuer from unreasonably discriminating against a noninstitutional laboratory that meets the terms established by the issuer.

HB 3124 by Lance Gooden (R-Terrell) would exempt valid cost-comparison information from the prohibition against a health benefit plan issuer ranking or classifying physicians into tiers or otherwise publishing comparative information about physicians.

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HB 3128 by John Smithee (R-Amarillo) would repeal provisions requiring the commissioner of insurance to stabilize long-term care premium rates based on nationally recognized models from 2001.

HB 3370 by Tom Craddick (R-Midland) would prohibit an insurer from increasing premiums or other costs associated with a life insurance policy by more than 10 percent per year.

The House Public Health Committee will meet on Tuesday, April 11, 2017 at 8:00 a.m. in E2.012 of the capitol extension to take up:

HB 785 by John Raney (R-Bryan) would require the Department of State Health Services to make embryo donation information available online, and would require a physician who performs a procedure involving the creation of a human embryo to inform the patient of the option of embryo donation for unused human embryos.

HB 2249 by J.D. Sheffield (R-Gatesville) would require the Department of State Health Services to create a biennial report, to be made publicly available, that includes a report of outbreaks of vaccine preventable diseases and de-identified immunization exemption information, including the number of persons claiming an exemption from school immunization requirements.

HB 2425 by Four Price (R-Amarillo) would be the CARE Act and would provide caregiver training and information to Texans taking care of a loved one released from a hospital or rehabilitation facility.

HB 2743 by Bill Zedler (R-Arlington) would require a person prescribing or dispensing a Schedule II controlled substance to use the electronic prescription record and not a written prescription.

HB 2791 by Ryan Guillen (D-Rio Grande City) would update provisions governing the state hepatitis C prevention plan to include requirements for testing, and would specify that the plan must address access for uninsured or underinsured patients, access in rural or medically underserved areas, telehealth and telemedicine treatment services.

HB 2818 by Ramon Romero (D-Fort Worth) would clarify provisions relating to the practice of marriage and family therapy, professional counseling, and chemical dependency counseling.

HB 2886 by Stephanie Klick (R-Fort Worth) would limit the liability of a healthcare provider who is unable to apply the prophylaxis to prevent ophthalmia neonatorum at childbirth due to the objection of the parents, managing conservator, or guardian of the newborn.

HB 2898 by DeWayne Burns (R-Cleburne) would create the Texas Behavioral Health Executive Council, and transfer the regulation of sex offender treatment providers, psychologists, marriage and family therapists, professional counselors, chemical dependency counselors, and social workers to the Texas Behavioral Health Executive Council; and would provide civil and administrative penalties, and authorize a fee. The Texas Behavioral Health Incubation Force would also be established to assist in the creation of and transfer of regulatory programs to the executive council.

HB 3266 by Garnet Coleman (D-Houston) would clarify the conduct that constitutes the practice of psychology.

HB 3296 by Stephanie Klick (R-Fort Worth) would decrease, from 10 to five, the number of persons that must be regularly employed before nursing peer review committees are required to be established for vocational and professional nurses.

HB 3576 by Bobby Guera (D-McAllen) would clarify provisions requiring the collection and release of information on the Zika virus and other high consequence communicable diseases for statistical and health care purposes.

HB 3885 by Garnet Coleman (D-Houston) would provide employment policy requirements for a licensed private hospital or licensed private mental hospital or facility located in an area designated as having a shortage of personal health services or a population group that has such a shortage, or as having a health professional shortage, that employs a physician.

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HIGHER EDUCATION Passed the Senate:

SB 1091 by Kel Seliger (R-Amarillo) would require dual credit courses to be: • In the core curriculum of the public institution of higher education providing college credit; • A career and technical education course; or • A foreign language course.

It passed on Monday’s Senate Local and Uncontested Calendar.

On Wednesday, the House Higher Education Committee took up:

HB 385 by Jim Murphy (R-Houston) would include semester credit hours earned by a student who is enrolled in an accelerated baccalaureate program that uses a competency-based model and year-round flat-rate tuition in formula funding. It was left pending.

HB 1737 by Carol Alvarado (D-Houston) would require institutions of higher education to get approval from the Texas Higher Education Coordinating board before purchasing land outside the service region of the institution of higher education. It was left pending.

HB 2223 by Helen Giddings (D-Dallas) would require a phased-in, statewide, co-requisite model, where students enroll simultaneously in a developmental education course and the gateway course of the same subject matter during the same semester. It was left pending.

HB 3260 by Angie Chen Button (R-Garland) would allow the Governor’s University Research Initiative to fund grants to commercialize intellectual property developed at public institutions of higher education if one or more private entities are funding a portion of the project. It was left pending.

Also on Wednesday, the Senate Higher Education Committee took up:

SB 247 by Judith Zaffirini (D-Laredo) would authorize the use of licensing fees to fund the speech-language pathologist and audiologist educational loan repayment program. It was left pending.

SB 2086 by Royce West (D-Dallas) would establish regional consortiums to facilitate the transfer of students and course credit within the public higher education system. It was left pending.

SB 2119 by Kel Seliger (R-Amarillo) would eliminate the Top 10 percent automatic admissions rule. It was left pending.

SB 2122 by Royce West (D-Dallas) would authorize the Texas Higher Education Coordinating Board to develop and implement a transfer policy for lower division courses among Texas public institutions of higher education. It was left pending.

HUMAN RESOURCES/EMPLOYMENT On Monday, the House Business and Industry Committee took up:

NEXT WEEK

The House Business and Industry Committee will meet on Monday, April 10, 2017 at 10:00 a.m. in E2.016 of the capitol extension to take up:

HB 1801 by Cesar Blanco (D-El Paso) would prohibit employment discrimination against military service members and military veterans.

HB 2510 by Oscar Longoria (D-Mission) would prohibit an employer from retaliating against an employee who in good faith seeks to recover wages owed to the employee by filing a wage claim.

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INSURANCE On Tuesday, the House Insurance Committee took up:

HB 2131 by Rodney Anderson (R-Grand Prairie) would exempt insurance adjusters from regulation if they are employed by an insurer and they adjust a loss not to exceed $500 arising from a first-party claim under a property and casualty insurance policy. It was left pending.

HB 2145 by Yvonne Davis (D-Dallas) would prohibit county mutual insurance companies from increasing premium rates of an insured that is involved in a motor vehicle accident where the insured is not at fault. It was left pending.

HB 2491 by John Frullo (R-Lubbock) would add life, health and accident insurance companies to the list of insurers that can provide reinsurance on any line of insurance in which the insurer is authorized to engage. And, it makes other requirements on reinsurance contracts. It was left pending.

HB 2542 by Rodney Anderson (R-Grand Prairie) would require notification by the Insurance Commissioner to each insurer for which an insurance agent that has been placed under supervision or conservatorship holds an appointment. It was left pending.

HB 2665 by Dennis Paul (R-Houston) would remove the requirement for an insurer to notify the Commissioner of Insurance if a penalty, forfeiture, or sanction on the insurer is issued to the insurer for a violation of the insurance laws of another state. It was left pending.

HB 3008 by Senfronia Thompson (D-Houston) would make it illegal for an entity in the business of insurance to act as a life settlement broker for a policy owner. It was left pending.

HB 3018 by Dade Phelan (R-Port Neches) would provide that a nonresident agent may not sell a Texas windstorm and hail insurance policy unless the nonresident agent’s state of residence has reciprocity for Texas agents. It was left pending.

HB 3220 by Larry Phillips (R-Sherman) would authorize the Commissioner of Insurance to act as the group-wide supervisor of an internationally active insurance group if the commissioner determines that another regulatory official is the appropriate group-wide supervisor. It was left pending.

On Thursday, the Senate Business and Commerce Committee took up:

SB 1537 by Larry Taylor (R-Friendswood) would provide that if a judge, mediator, arbitrator, appraiser or panel member who has an insurance policy issued by the Fair Access to Insurance Requirements (FAIR) Plan, and is assigned to preside over a dispute involving the Plan, the/she is required to disclose that fact and if any party to the dispute requests it, the Commissioner of Insurance would be require to appoint a different presiding officer. It was left pending.

NEXT WEEK

The House Insurance Committee will meet on Tuesday, April 11, 2017 at 8:00 a.m. in E2.016 of the capitol extension to take up:

HB 1297 by John Frullo (R-Lubbock) would create a specialty self-insured health benefit plan certification for insurance agents who have completed training in the law applicable to self-insured health benefit plans, and who have completed a course an exam approved by Texas Insurance Commissioner.

HB 2146 by Yvonne Davis (D-Dallas) would prohibit a residential property insurance policy from denying a claim or reducing the amount paid for loss or damage to property if the loss or damage is not obvious or readily apparent to the insured and the denial or reduction is based on the insured’s failure to file the claim before the insured discovers the loss or damage or reasonably should have discovered the loss or damage.

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HB 2148 by Yvonne Davis (D-Dallas) would require (instead of allow) the Commissioner of Insurance to adopt rules requiring all types of water damage claims to receive more prompt, efficient and effective processing and handling of claims.

HB 3202 by John Smithee (R-Amarillo) would clarify that reports related to information involving a solvency examination of an insurance carrier is confidential and exempt from disclosure.

HB 3579 by Larry Phillips (R-Sherman) would provide that if a residential property policy provides coverage for loss resulting from continuous or repeated seepage or leakage of water or steam, the insurer must not deny a claim based on the durantion of the seepage or leakage if the insured notifies the insurer within 30 days after the loss was discovered.

HB 3804 by Travis Clardy (R-Nacogdoches) would prohibit an automobile insurance policy from limiting the insurer’s coverage under a policy covering damage to a motor vehicle by intimidating, coercing, or threatening the beneficiary to induce the beneficiary to use a particular repair person or facility; or offering an incentive or inducement, other than a warranty issued by a repair person or facility, for the beneficiary to use a particular repair person or facility.

INTERNET On Tuesday, the House Insurance Committee took up:

Passed the Senate:

SB 79 by Jane Nelson (R-Flower Mound) would allow state agencies to respond to public information requests with an Internet address where requested information may already exist if the requesting party agrees. It passed on Monday’s Senate Local and Uncontested Calendar.

PRIVACY Passed the Senate:

SB 395 by Donna Campbell (R-New Braunfels) would prohibit the operation of an unmanned aircraft over a correctional facility. It passed on Monday’s Senate Local and Uncontested Calendar.

On Monday, the House Government Transparency and Operation Committee took up:

HB 1861 by Gary Elkins (R-Houston) would make information collected, assembled, or maintained by or for a governmental body to prevent, detect, or investigate a computer security incident, including a breach of system security confidential and exempt from disclosure. It was initially left pending, but on Wednesday, it was voted out favorably from substituted.

On Tuesday, the House Homeland Security and Public Safety Committee took up:

HB 1643 by Drew Springer (R-Muenster) would add a concentrated animal feeding operation to the definition of “critical infrastructure facility” over which an unmanned aircraft is prohibited. It was left pending.

Also on Tuesday, the Senate Business and Commerce Committee took up:

SB 838 by Judith Zaffirini (D-Laredo) would clarify when an image captured by an unmanned aerial vehicle is lawful and when it is not. It was initially left pending, but on Thursday it was voted out favorably as substituted.

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NEXT WEEK

The House Government Transparency and Operation Committee will meet on Monday, April 10, 2017 at 2:00 p.m. in E2.028 of the capitol extension to take up:

HB 2192 by Cesar Blanco (D-El Paso) would require state agencies to conduct a comprehensive information security assessment of the agency’s information resources systems, network systems, digital data storage systems, digital data security measures and information resources vulnerabilities at least once every five years.

HB 3274 by Giovanni Capriglione (R-Keller) would require the governor and lieutenant governor to jointly appoint a chief innovation and technology officer for the office of the governor to work to establish Texas as a new frontier for innovation and technology.

HB 3491 by Morgan Meyer (R-Dallas) would prohibit governmental entities from capture or possessing a biometric identifier of an individual or require a biometric identifier as a prerequisite for providing a governmental service to the individual unless the governmental body has specific, explicit statutory authority that allows the governmental body to capture or posses the biometric identifier.

PROCUREMENT Passed the Senate:

SB 252 by Van Taylor (R-Plano) would be the Terror State Contracting Divestiture Act. It would prohibit a state agency, city, county, school district, special district, and the legislature from contracting with a business for goods or services, including public works projects, if that business is engaged in business operations with the Sudanese or Iranian governments, or a foreign terrorist organization designated by the U.S. State Department. It passed unanimously.

SB 532 by Jane Nelson (R-Flower Mound) would direct the Department of Information Resources (DIR) to assess each state agency's Information Technology (IT) security including identification of vendors that operate and manage the agency’s information technology infrastructure. It would require the DIR to report to the legislature by November 15th of each even-numbered year on the use of cloud computing service options by state agencies including cases that provided cost savings and other benefits, including security enhancements. The committee substitute was adopted and it passed on Monday’s Senate Local and Uncontested Calendar.

On Tuesday, the House Appropriations Committee’s Subcommittee on Budget Transparency and Reform took up:

HB 18 by Giovanni Capriglione (R-Keller) would make several changes to procurement statutes. It was left pending.

HB 20 by Giovanni Capriglione (R-Keller) would authorize the Legislative Budget Board (LBB) to review state agency contracts to determine compliance. It was left pending.

HB 579 by Chris Turner (D-Arlington) would provide that if a state agency contract for services exceeds the contract amount by $1 million or more, notice must be provided to the governor, and legislators within 30 days after the cost exceeds the contract amount by $1 million. It was left pending.

HB 1467 by Giovanni Capriglione (R-Keller) would direct the Department of Information Resources (DIR) to assess each state agency's Information Technology (IT) security including identification of vendors that operate and manage the agency’s information technology infrastructure. It would require agencies to consider cloud storage options, including any cost savings associated with purchasing those services from a commercial cloud computing service provider or a statewide technology center established by the department for their data storage needs. And, it would require DIR to produce a report on state agency use of commercial cloud services along with the cost savings. It was left pending.

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HB 1695 by Matt Shaheen (R-Plano) would require state agencies that spend more than $5000 for a training or education program for any individual administrator or employee to report that information to the Legislative Budget Board. It requires the comptroller to develop training on purchasing and contract management for state agency employees and requires the comptroller to maintain a regular schedule of classes to accommodate employees requiring purchasing or contract management training. It requires state agency personnel that are directly involved in contract negotiations for the purchase of information resources technologies to complete Department of Information Resources training. It was left pending.

HB 2233 by Matt Shaheen (R-Plano) would allow the Contract Advisory Team to have more than one member representing state agencies as the comptroller considers necessary. It was left pending.

NEXT WEEK

The House Government Transparency and Operation Committee will meet on Monday, April 10, 2017 at 2:00 p.m. in E2.028 of the capitol extension to take up:

HB 2234 by Matt Shaheen (R-Plano) would authorize other state governments, agencies of other states, or other governmental entities to purchase goods or services through the comptroller.

HB 3275 by Giovanni Capriglione (R-Keller) would require the Quality Assurance Team to monitor major information resources projects for the entire life cycle of the project and to develop performance indicators the team is required to monitor. It would require the Quality Assurance Team’s annual report to include the current status of each major information resources project and information regarding its performance indicators.

PROPERTY On Monday, the Senate State Affairs Committee took up:

SB 626 by Charles Schwertner (R-Georgetown) would require a condemning authority to specify which parcel of a landowner's property is needed for a desired project and which is not subject to condemnation, and would require separate compensation offers for each parcel. It was reported favorably as substituted and is on Monday’s Senate Intent Calendar.

SB 627 by Charles Schwertner (R-Georgetown) would provide landowners with increased disclosure of existing survey-related rights, including the right to negotiate survey terms and recover damages caused by survey, as well as the landowner's right to refuse access to their property without a court order. It was reported favorably as substituted and is on Monday’s Senate Intent Calendar.

SB 628 by Charles Schwertner (R-Georgetown) would strengthen existing "Landowner's Bill of Rights" protections, which allow landowners the right to repurchase property seized through eminent domain unless the condemning entity can demonstrate "actual progress" on the project within a defined period of time. It was reported out favorably and is on Monday’s Senate Intent Calendar.

SB 740 by Lois Kolkhorst (R-Brenham) would update the eminent domain process to require the entity acquiring property by right of eminent domain to disclose to the property owner any new, amended, or updated appraisal report produced or acquired by or on behalf of the entity after making the offer and used in determining the entity’s opinion of value. It was left pending.

On Wednesday, the House Land and Resource Management Committee took up:

HB 299 by Lyle Larson (R-San Antonio) would make several changes to municipal annexation. It was left pending.

HB 424 by Dan Huberty (R-Humble) would require municipalities to get voter approval from property owners in an area proposed to be annexed prior to annexation of land. It was left pending.

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HB 2272 by Mike Schofield (R-Katy) would prohibit municipalities from annexing property unless the municipality holds an election and it is approved by a majority of voters; a majority of the voters of the area request the annexation in writing; each landowner in the area requests the annexation in writing; or the municipality owns the area. It was left pending.

HB 3074 by Eddie Rodriguez (D-El Paso) would clarify the calculation for the amount to be paid to an emergency services district when a municipality annexes all or part of the district’s territory. It was left pending.

Also on Wednesday, the Senate Intergovernmental Relations Committee took up:

SB 655 by Paul Bettencourt (R-Houston) would require municipalities adopting or amending an annexation plan to give notice to the property owners in the affected area. It was voted out favorably.

SB 715 by Donna Campbell (R-New Braunfels) would allow a municipality to annex an area only if each owner of land in the area requests the annexation and the municipality enters into a written agreement for the provision of services in the area with the land owners. It was voted out favorably as substituted.

On Thursday, the Senate State Affairs Committee took up:

SB 1215 by Bryan Hughes (R-Mineola) would provide that a contractor is not responsible for the consequences of defects in, and may not warranty the accuracy, adequacy, sufficiency, or suitability of plans, specifications or other design or bid documents provided to the contractor by the person with whom the contractor has entered into the contract. It was left pending.

NEXT WEEK

The House Business and Industry Committee will meet on Monday, April 10, 2017 at 10:00 a.m. in E2.016 of the capitol extension to take up:

HB 2832 by Rene Oliveira (D-Brownsville) would require 10 days notice by a property owner to the mortgage servicer before entering into a contract with a property tax lender.

The House Licensing and Administrative Procedures Committee will meet on Monday, April 10, 2017 at 2:00 p.m. in E2.026 of the capitol extension to take up:

HB 1120 by Drew Springer (R-Muenster) would require advance notification of projects that require Americans With Disabilities Act (ADA) compliance and ensure those plans are ADA compliant before receiving a certificate of occupancy.

The Senate Agriculture, Water and Rural Affairs Committee will meet on Monday, April 10, 2017 at 2:00 p.m. in E1.012 of the capitol extension to take up:

SB 873 by Brandon Creighton (R-Conroe) would require tenants to exhaust administrative remedies before bringing suit against a property owner for overcharging a tenant for submetered or nonsubmetered utility services.

The House Judiciary and Civil Jurisprudence Committee will meet on Tuesday, April 11, 2017 at 2:00 p.m. in E2.026 of the capitol extension to take up:

HB 1892 by Lina Ortega (D-El Paso) would require cases related to a substandard building determination to be expedited.

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PUBLIC EDUCATION

Passed the Senate:

SB 579 by Van Taylor (R-Plano) would authorize the use of epinephrine auto-injectors on private school campuses and at or in transit to or from off-campus school events. It passed on Monday’s Senate Local and Uncontested Calendar. (Note: the companion is HB 1583, which was heard in the House Public Education Committee on Tuesday.)

SB 826 by Larry Taylor (R-Friendswood) would eliminate the sequencing requirements for advanced English and math courses. It passed on Monday’s Senate Local and Uncontested Calendar.

On Tuesday, the House Public Education Committee took up:

HB 23 by Dan Huberty (R-Humble) would require the Commissioner of Education to establish a program to award grants to school districts and charter schools to that provide innovative services to students with autism. It was left pending.

HB 194 by Diego Bernal (D-San Antonio) would provide specific ways for special education students to earn an endorsement on the student’s transcript. It was left pending.

HB 713 by Gene Wu (D-Houston) would prohibit the adoption or implementation of a performance indicator that evaluates the total number of enrolled students of a school district or open-enrollment charter school who receive special education services. It was left pending.

HB 743 by Jessica Farrar (D-Houston) would authorize social workers to provide social work services to students and families in schools. “Social work services” would be defined as services specialized to assist students and families that are designed to alleviate barriers to learning, connect the home, the community, and the school, promote advocacy, strengthen relationships, and assist with basic and psychosocial needs. It was left pending.

HB 1033 by DeWayne Burns (R-Cleburne) would require the Texas Education Agency to apply to the U.S. Department of Education for a waiver of the annual alternate assessment of students with significant cognitive disabilities by January 1, 2018. It was left pending.

HB 1076 by Tom Oliverson (R-Houston) would clarify that the grades during which spinal screening should be mandatory for school children must be determined based on the most recent nationally accepted and peer-reviewed scientific research. It was left pending.

HB 1583 by Philip Cortez (D-San Antonio) would authorize the use of epinephrine auto-injectors on private school campuses and at or in transit to or from off-campus school events. It was left pending. (Note: this is the companion to SB 579, which passed the Senate on Monday’s Senate Local and Uncontested Calendar.)

HB 1886 by Rick Miller (R-Sugar Land) would require Texas Education Agency (TEA) to designate an agency employee as a dyslexia specialist to provide school districts with support and resources to assist students with dyslexia and their families. It was left pending.

HB 2130 by Kevin Roberts (R-Houston) would require Texas Education Agency to conduct a study of the impact of the statewide assessment program on students in the special education program. It was left pending.

HB 2623 by Alma Allen (D-Houston) would require school districts to assist students in making the transition back to school after being in a disciplinary alternative education program or other alternative program. It was left pending.

HB 3157 by Dennis Bonnen (R-Angleton) would clarify the requirements for screenings of students attending public or private school to be screened to detect vision disorders using photoscreening. It was left pending.

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HB 3439 by Linda Koop (R-Dallas) would authorize school districts to contract with the governing body of an open-enrollment charter school to partner with the charter school to operate a district campus and share teachers, facilities, and other education resources on that campus. It was left pending. (Note: the companion, SB 1882, was heard in the Senate Education Committee on Thursday and was left pending.)

Also on Tuesday, the Senate Education Committee took up:

SB 1318 by Van Taylor (R-Plano) would authorize the Commissioner of Education to designate a campus as a mathematics innovation zone where the campus implements an innovative mathematics instructional program that addresses the essential knowledge and skills of the mathematics curriculum. It was left pending.

SB 1566 by Lois Kolkhorst (R-Brenham) would authorize school boards to require the school district’s chief financial officer to appear at an executive session or testify at a public hearing held by the board; and would prohibit a superintendent from interfering with the compelled appearance or testimony. It was left pending.

SB 1658 by Larry Taylor (R-Friendswood) would establish a procedure to close an open-enrollment charter school whose charter has been revoked, non-renewed, expired, surrendered, abandoned, or otherwise ceased operation. It was left pending.

On Thursday, the Senate Education Committee took up:

SB 640 by Van Taylor (R-Plano) would allow home-schooled students to participate in University Interscholastic League (UIL) sponsored activities. It was left pending.

SB 1153 by Jose Menendez (D-San Antonio) would clarify a parent’s right to records relating to assistance provided for learning difficulties, including information collected regarding any intervention strategies used with the child. It was left pending.

SB 1483 by Larry Taylor (R-Friendswood) would establish the Technology Lending Program using up to $25 million from the instructional materials fund to provide grants to school districts to implement a technology lending program to provide students access to equipment necessary to access and use electronic instructional materials. It was left pending.

SB 1784 by Larry Taylor (R-Friendswood) would allow state-developed open education resources to include content not owned by the state for which preexisting rights may exist if the content is in the public domain; may be used under a limitation or exception to copyright law; or is licensed to the state for use in an open education resource. It would change all statutory references regarding “open-source instructional material” to “open education resources.” It was left pending.

SB 1837 by Bryan Hughes (R-Mineola) would provide that an open-enrollment charter school operated by a public senior college and university would not be assigned a financial accountability rating. It was left pending.

SB 1882 by Jose Menendez (D-San Antonio) would authorize school districts to contract with the governing body of an open-enrollment charter school to partner with the charter school to operate a district campus and share teachers, facilities, and other education resources on that campus. It was left pending. (Note: the companion bill, HB 3439 was heard in the House Public Education Committee on Tuesday and left pending.)

SB 2131 by Royce West (D-Dallas) would change requirements for providing postsecondary education counseling for high school students. It was left pending.

NEXT WEEK

The House Public Education Committee’s Subcommittee on Educator Quality will meet on Monday, April 10, 2017 at 2:00 p.m. in Room JHR 120 of the John H. Reagan State Office Building to take up:

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HB 1867 by Mary Gonzalez (D-El Paso) would require the local innovation plan of a school district of innovation to include educator certification requirements and federal law requirements regarding assignment of appropriately certified educators for bilingual education and special education.

HB 2039 by Dan Huberty (R-Humble) would require the State Board of Education to establish an early childhood certificate for teachers that receive special training in early childhood education focusing on prekindergarten through grade three.

HB 2775 by Dade Phelan (R-Port Neches) would require educator preparation program support to allow required formal observation to occur on the candidate’s site or through use of electronic transmission or other video-based or technology-based method.

HB 2924 by Dwayne Bohac (R-Houston) would provide that internships under the education preparation program require no more then five field supervisor visits and allow at least three of the field supervisor visits be provided by video, the Internet or another remote technological method.

HB 2941 by Harold Dutton (D-Houston) would allow school districts to adopt a plan to increase teacher quality and performance including teacher performance appraisals, professional development opportunities, peer mentoring opportunities, career advancement opportunities, and decisions relating to compensation.

HB 3044 by Dan Huberty (R-Houston) would allow the field-based experience required in a teacher preparation program to be obtained up to two years prior to admission in an educator preparation program.

HB 3349 by Barbara Gervin-Hawkins (D-San Antonio) would require the State Board for Educator Certification to establish an abbreviated educator preparation program for a person seeking certification in trade and industrial workforce training.

HB 3563 by Linda Koop (R-Dallas) would conform parental notification requirements regarding teacher qualifications with the Every Student Succeeds Act.

HB 3692 by Joe Deshotel (D-Beaumont) would prohibit teacher performance to be based in any part on student performance on assessment instruments.

The House Public Education Committee will meet on Tuesday, April 11, 2017 at 8:00 a.m. in E2.036 of the capitol extension to take up:

HB 168 by Eddie Lucio, III (D-Brownsville) would require the Department of Family and Protective Services to develop a voluntary program that recognizes before-school and after-school programs that promote healthy eating and physical activity with bronze, silver and gold recognitions.

HB 895 by Dwayne Bohac (R-Houston) would remove the restriction on funding for full-time online educational programs.

HB 1114 by Cindy Burkett (R-Sunnyvale) would provide that if the district anticipates providing less than 180 days of instruction for students during a school year, the district would be allowed to reduce the number of teacher in-service days proportionately; however, the district could not reduce an educator’s salary.

HB 1540 by Justin Rodriguez (D-San Antonio) would require high school counselors to provide in his/her information about postsecondary education to students and parents information on the importance of selecting a major or field of study before, or as soon as possible after, enrollment at a postsecondary educational institution and the potential consequences of delaying that decision, particularly if the student intends to transfer between postsecondary educational institutions.

HB 1585 by Jim Murphy (R-Houston) would require school districts to receive student input before adopting a major curriculum initiative.

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HB 1593 by Dwayne Bohac (R-Houston) would require the engagement strategies included in a school district’s family engagement plan to include programs and interventions that engage a family in supporting a student’s learning at home.

HB 1638 by Ryan Guillen (D-Rio Grande City) would require the Texas Education Agency and the Texas Higher Education Coordinating Board to jointly develop statewide goals for dual credit programs, including early college high school programs, career and technical education dual credit programs, and joint high school and college credit programs to provide uniform standards for evaluation the programs.

HB 1980 by Gary VanDeaver (R-New Boston) would allow for individual graduation committees for students that transfer to a public school in Texas after the student’s junior year of high school and would require the student to receive a high school diploma if the student performs satisfactorily on one or more alternative nationally recognized norm-referenced assessment instruments and completed coursework determined by the committee to be sufficient for the award of a high school diploma.

HB 2087 by Gary VanDeaver (R-New Boston) is a student data privacy bill that would prohibit an operator from knowingly:

• Engage in targeted advertising on any website, online service, online application, or mobile application if the target of the advertising is based on any information that the operator has acquired through the use of the operator’s website, online service, online application or mobile application for a school purpose.

• Use information, including persistent unique identifiers, created or gathered by the operator’s website, online service, online application, or mobile application, to create a profile about a student unless the profile is created for a school purpose; or

• Sell or rent any student’s covered information.

HB 2185 by Matt Krause (R-Fort Worth) would require municipalities to consider an open-enrollment charter school a school district for purposes of zoning, permitting, code compliance and development; and it would clarify that an open-enrollment charter school is not a political subdivision or governmental entity.

HB 2614 by Dan Huberty (R-Humble) would allow (instead of require) school districts to administer to students in the 10th grade an established, valid, reliable, and nationally norm-referenced preliminary college preparation assessment instrument for the purpose of measuring a student’s progress toward college and career readiness.

HB 2729 by Eddie Lucio, III (D-Brownsville) would require Texas Education Agency, the Texas Higher Education Coordinating Board, and the Texas Workforce Commission to jointly develop and post on their respective Internet websites an inventory of industry-recognized credentials and certificates that may be earned by a public high school student through a career and technology education program.

HB 2884 by Alma Allen (D-Houston) would require daily physical activity for at least 30 minutes for six (instead of four) semesters for students in grades six, seven, and eight; and would require the Texas Education Agency to develop and institute policies on the recess period that encourage constructive, age-appropriate outdoor playtime.

HB 3106 by Wayne Faircloth (R-Dickinson) would provide additional state aid for facility renovation, repair, and replacement for five years after an academically unacceptable school district is annexed to another school district.

HB 3145 by Joe Deshotel (D-Beaumont) would require school districts to review the policy recommendations of the local school health advisory council before adopting a recess policy.

HB 3251 by Ken King (R-Canadian) would eliminate current language allowing the adjustment for school districts experiencing rapid decline in property values to be reduced if a sufficient amount of money is not available to fund all adjustments.

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HB 3318 by Lance Gooden (R-Terrell) would require innovation school districts to post a copy of the district’s local innovation on the district’s Internet website.

HB 3369 by Dan Huberty (R-Humble) would require the personnel involved in the diagnostic and evaluative procedures related to special education are appropriately trained, including training in linguistic and culturally appropriate evaluations, and have appropriate assessment instruments available in languages other than English to the extent possible.

HB 3438 by Linda Koop (R-Dallas) would clarify school district bonding authority and the role of the Texas Public Finance Authority.

HB 3593 by Diego Bernal (D-San Antonio) would integrate cybersecurity and computer coding into the public education curriculum by:

• requiring the State Board of Education (SBOE) to approve courses in cybersecurity for credit for high school graduation;

• allowing a school district to offer a course without obtaining approval from the SBOE if the district partners with a public or private institution of higher education that offers an undergraduate degree program in cybersecurity to develop and provide the course;

• allowing computer coding to be substituted for a foreign language requirement; • adding cybersecurity and computer coding to the STEM endorsement and the definition of a STEM

course; • providing a subsidy to teachers who pass a certification examination related to cybersecurity; and • allowing new instructional facility allotment funds to be used to renovate an existing instructional

facility to serve as a dedicated cybersecurity computer laboratory.

HB 3795 by Harold Dutton (D-Houston) would include open-enrollment charter school students in the computation of a district’s weighted average daily attendance.

TAX Passed the Senate:

SB 510 by Judith Zaffirini (D-Laredo) would add current or former employees of a state judge to the list of people whose residence address in property tax records must be held confidentially and not subject to disclosure. The committee substitute was adopted and it passed on Monday’s Senate Local and Uncontested Calendar.

SB 745 by Lois Kolkhorst (R-Brenham) would clarify that temporary employment services are exempt from the sales tax, and would establish that an employee of a temporary employment service is under the supervision of an employer if the employer has the sole right to direct and control the employee as necessary to conduct the employer’s business or to comply with any licensing, statutory, or regulatory requirement applicable to the employer. The committee substitute was adopted and it passed unanimously.

On Monday, the Senate Finance Committee took up:

SB 1275 by Van Taylor (R-Plano) would require property included in the low-income housing tax credit program to be appraised using the income method of appraisal. It was left pending.

SB 1345 by Kirk Watson (D-Austin) would exempt from ad valorem taxes property owned by charitable organizations that provide pro bono tax return preparation and assistance with other financial matters. It was reported out favorably.

SB 1390 by Juan “Chuy” Hinojosa (D-McAllen) would provide an excise tax exemption for cigarettes that are contained in a package labeled as “Experimental Use Only,” “Reference Cigarettes,” or other similar wording indicating that the manufacturer intends for the product to be used exclusively for experimental

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purposes. It was reported out favorably and recommended for the Local and Uncontested Calendar. It is on Monday’s Senate Intent Calendar.

SB 1543/SJR 52 by Royce West (D-Dallas) would allow counties to exempt from ad valorem taxes a portion of the value of the residence homestead of a physician who provides free health care services to indigent residents of the county. They were left pending.

SB 1767 by Dawn Buckingham (R-Lakeway) would prohibit the appraisal review board from determining the value of a property to be greater than the value submitted by the chief appraiser unless agreed to by the parties to the protest. It was reported out favorably as substituted. It was on Wednesday’s Senate Intent Calendar (first placement).

On Wednesday, the House Ways and Means Committee took up:

HB 445 by James Frank (R-Wichita Falls) would be the Military Aviation Safety Act. It would prohibit the use Chapter 313 agreements for wind projects within 30 nautical miles of a military installation. It was left pending.

HB 626 by Paul Workman (R-Austin) extends the permissible period in which a late homestead exemption application can be filed to two years. It was left pending.

HB 1139 by Yvonne Davis (D-Dallas) would require the comptroller’s report on the effect of tax provisions to include a list of corporations or other business entities that receive a reduction in taxes as a result of a special provision and the actual dollar amount of the reduction received, regardless of whether the information is otherwise confidential under state law. It was left pending.

HB 1299 by Drew Springer (R-Muenster) would require the comptroller (instead of a committee comprised of the governor, comptroller, attorney general, agriculture commissioner, and land commissioner) approve the manuals related to appraisal of open-space land qualified for timber. It was left pending.

HB 2043 by Drew Springer (R-Muenster) would prohibit an appraisal district employee from testifying regarding the value of real property in an appeal if the value determined by the appraisal review board is $1 million or more unless the person is a licensed real estate appraiser. It was left pending.

HB 2227 by Jim Murphy (R-Houston) would allow the chief appraiser to correct an erroneous denial or cancellation of a homestead exemption if the applicant is over 65 or a surviving spouse of a person over 6t or a disabled veteran. It was left pending.

HB 2228 by Jim Murphy (R-Houston) would set June 1st as the date for a chief appraiser to accept, approve, or deny a request for a Freeport exemption. It would move up rendition requirements for the Freeport exemption to April 1st. It was left pending.

HB 2393 by Ryan Guillen (D-Rio Grande City) would provide an insurance premium tax credit for rehabilitation of certified historic structures. It was left pending.

HB 2475 by Sarah Davis (R-Houston) would add Broadway productions at owned or leased facilities to the list of business structures exempted from the sales tax on amusement services. It was left pending.

HB 2545 by Scott Sanford (R-McKinney) would allow a deduction of the federal COGS as an option under the franchise tax. It was left pending.

HB 2562 by Hugh Shine (R-Temple) would exempt National Football League (NFL) championship game tickets from the sales tax. It was left pending.

HB 2669 by Hugh Shine (R-Temple) would prohibit the awarding of attorneys fees in a suit against the state seeking relief relating to a tax matter. It was left pending.

HB 2692 by John Wray (R-Waxahachie) would provide an excise tax exemption for cigarettes that are contained in a package labeled as “Experimental Use Only,” “Reference Cigarettes,” or other similar

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wording indicating that the manufacturer intends for the product to be used exclusively for experimental purposes. It was left pending.

HB 2906 by Richard Raymond (D-Laredo) would allow a taxpayer to file a motion for correction of the appraisal roll for the current year and preceding two years if the correction would correct an error or omission in a rendition report, but only if the rendition had been timely filed. It was left pending.

HB 2925 by Hugh Shine (R-Temple) would establish a presumption that an exporter of motor fuels who fails to report subsequent tax-free sales in Texas of the fuel for which the export exemption was claimed has not paid the destination state’s tax or the Texas tax. It was left pending.

HB 3557 by Jim Murphy (R-Houston) would require the parties to an appraisal review board protest to provide a copy of their materials in accordance with a form prescribed by the comptroller. It would require the comptroller to remove an arbitrator who has been determined to have repeated bias or misconduct. It was left pending.

NEXT WEEK

The Senate Finance Committee will meet on Monday, April 10, 2017 at 10:00 a.m. in E1.036 of the capitol extension to take up:

SB 521 by Brandon Creighton (R-Conroe) would prohibit an appraisal district employee from testifying on the value of real property in an appeal unless the employee is authorized to perform an appraisal as a certified or licensed real estate appraiser.

SB 1286 by Paul Bettencourt (R-Houston) would require parties to a protest before an Appraisal Review Board (ARB) to provide a copy of their materials on a form prescribed by the comptroller; would allow the ARB to retain the material as part of the hearing record; would require audiovisual equipment for a property owner to use upon request; and would require removal of an arbitrator that has repeated bias or misconduct.

SB 1360 by Kirk Watson (D-Austin) would prescribe the methodology to compute taxes imposed on an owner’s property by a Chapter 41 school district for tax notice purposes.

SB 1407 by Van Taylor (R-Plano) would require a tax bill from a school district subject to recapture to list on the tax bill the percentage of taxes used to make recapture payments.

SB 1713 by Carlos Uresti (D-San Antonio) would define seller and retailer to include a person who is a marketplace provider or referrer. It would stipulate that a retailer is engaged in business in this state if the retailer engages in any part of a sale, lease, or rental of a taxable item to a purchaser in this state, regardless of whether the retailer contracts with a third party to perform all or any part of the transaction, or whether the retailer performs all or any part of the transaction through an entity in which the retailer holds a substantial ownership interest or that holds a substantial ownership interest in the retailer. It would define a marketplace provider as a person who:

• facilitates the sale, lease or rental of the tangible personal property of a retailer that is not the person to a purchaser in this state in any manner, including by the use of a catalog or an Internet website;

• directly or indirectly collects from a purchaser in this state receipts derived from the sale, lease, or rental of the retailer’s tangible personal property to the purchaser and transmits those receipts to the retailer, other than any amount the person is authorized to retain as a fee for facilitating the sale, lease or rental; and

• is engaged in business in Texas. The marketplace provider would not be required to collect a use tax that is due from a purchaser if the retailer for whom the marketplace provider facilitates the sale, lease, or rental collects the tax from the purchaser.

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SB 1847 by Paul Bettencourt (R-Houston) would allow a taxpayer to file a motion for correction of the appraisal roll for the current year and preceding two years if the correction would correct an error or omission in a rendition report, but only if the rendition had been timely filed.

SB 2061 by Lois Kolkhorst (R-Brenham) would change the limit on an ad valorem tax appraisal roll correction from one-third of the correct appraised value to the market value or median appraised value of a reasonable number of comparable properties.

SB 2207 by Kelly Hancock (R-North Richland Hills) would give a property owner a right to appeal an increase in the appraised value if the value was lowered in the preceding tax year, would limit the appeal to the issue of whether the chief appraiser met the substantial evidence burden of proof, and allow the court to award attorneys fees and court costs to a prevailing party.

TECHNOLOGY On Tuesday, the Senate Criminal Justice Committee took up:

SB 1196 by Lois Kolkhorst (R-Brenham) would allow a suit to declare that a person operating a web address or computer network is maintaining a common nuisance to be brought by an individual, the attorney general, or by a district, county, or city attorney. It was voted out favorably as substituted.

SB 1203 by Charles Perry (R-Lubbock) changes “Internet” to “online” and adds a definition of “online service provider” to statutes relating to subpoenas or court orders in investigations or prosecution of criminal offenses. Online service provider would be defined as an Internet service provider, search engine, web hosting company, web browsing company, manufacturer of devices providing online application platforms, or company providing online social media platforms. It was voted out favorably.

SB 1823 by Konni Burton (R-Colleyville) would allow a warrant authorizing the search of a cellular telephone or other wireless communication device to be issued by a justice or other magistrate otherwise authorized to issue a search warrant; and would allow a law enforcement officer to request a search warrant if the officer reasonably believes that the device has been stolen and information on the device could only be used to identify the owner of the device. It was voted out favorably as substituted.

On Thursday, the Senate State Affairs Committee took up:

SB 179 by Jose Menendez (D-San Antonio) would be David’s Law. It prohibits cyberbullying, provides reporting procedures, requires the Texas Supreme Court to adopt pre-trial discovery rules for cyberbullying cases involving injury or death of a minor; and establishes civil liability for cyberbullying cases. It was left pending.

SB 1193 by Van Taylor (R-Plano) would be the Texas Revised Uniform Fiduciary Access to Digital Assets Act. It was left pending.

Affairs Committee took up: NEXT WEEK

The House Government Transparency and Operation Committee will meet on Monday, April 10, 2017 at 2:00 p.m. in E2.028 of the capitol extension to take up:

HB 624 by Jeff Leach (R-Plano) would allow a district clerk to post an official and legal notice by electronic display, instead of posting a physical document.

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TORT On Tuesday, the House Judiciary and Civil Jurisprudence Committee took up:

HB 45 by Dan Flynn (R-Van) would nullify all foreign laws within the state and its territorial borders unless the laws align with the laws and rights given under the United States or Texas Constitutions. It was left pending.

HB 472 by Tony Dale (R-Cedar Park) would extend the benefits of a protective order and prevent victims from having to go to court on an annual basis to reaffirm the need for the protective order. It was left pending.

HJR 10 by John Smithee (R-Amarillo) would propose a constitutional amendment changing terms of Texas Supreme Court and Court of Criminal Appeals justices from six to eight years and Courts of Appeal justices from four to six years. It was left pending.

On Thursday, the Senate State Affairs Committee took up:

SB 1736 by Bryan Hughes (R-Mineola) would grant civil immunity to businesses that allow handguns on the premises with respect to a claim that is based on the owner’s or operator’s failure to exercise the option to forbid the carrying of handguns on the premises by customers or employees. It was left pending.

NEXT WEEK

The House Judiciary and Civil Jurisprudence Committee will meet on Tuesday, April 11, 2017 at 2:00 p.m. in E2.026 of the capitol extension to take up:

HB 2122 by Travis Clardy (R-Nacogdoches) would be the Uniform Foreign-Country Money Judgments Recognition Act and would provide that a party seeking recognition of a foreign-country judgment would have the burden of establishing that this law applies to the foreign-country judgment. It would require a court in Texas to recognize a foreign-country judgment. But, it would prohibit a Texas court from recognizing a foreign-country judgment if:

• The judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;

• The foreign court did not have personal jurisdiction over the defendant; or • The foreign court did not have jurisdiction over the subject matter.

HB 2269 by Mike Schofield (R-Katy) would provide that a children’s isolation unit that has instituted isolation protocols would not be liable for any claim, damage, or loss arising from the provision of health care services to children with highly contagious diseases, unless the act or omission proximately causing the claim, damage or loss constitute gross negligence or willful misconduct.

HB 2770 by John Smithee (R-Amarillo) would allow a suit to declare that a person operating a web address or computer network is maintaining a common nuisance to be brought by an individual, the attorney general, or by a district, county, or city attorney.

HB 2891 by John Smithee (R-Amarillo) would prescribe a form for medical authorization to release protected health information in a health care liability claim.

TRANSPORTATION On Wednesday, the Senate Transportation Committee took up:

SB 977 by Charles Schwertner (R-Georgetown) would prohibit the legislature from appropriating new funds, or allowing state agencies to utilize existing funds, to pay any costs related to a the construction, maintenance, or operation of a private high-speed rail in Texas. It was voted out favorably as substituted.

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SB 979 by Charles Schwertner (R-Georgetown) would prohibit an entity that operates or plans to operate a high-speed rail from using property acquired for purposes other than high-speed rail; and If the high-speed rail authority does not use the property for that specific purpose, the original landowner would have to be given the opportunity to repurchase the land. It was reported out favorably as substituted and recommended for the Local and Uncontested Calendar.

SB 980 by Charles Schwertner (R-Georgetown) would prohibit any state money from being used for any purpose related to a privately owned high-speed rail, unless the state acquires and maintains a lien in order to secure the repayment of state funds; and would require that the state's lien be superior to all other liens, making Texas a priority creditor. It was voted out favorably as substituted.

SB 981 by Lois Kolkhorst (R-Brenham) would require an entity constructing a high-speed rail line in Texas to demonstrate compatibility with more than one type of train technology. It was reported out favorably.

SB 1179 by Jane Nelson (R-Flower Mound) would allow coordinated county transportation authorities to make purchases without using competitive sealed bid proposals if items are available from only one source because of patents, copyrights, secret processes or natural monopolies; for gas, water and other utility services; or for captive replacement parts or components for equipment. It reported out favorably as substituted and recommended for the Local and Uncontested Calendar.

WORKERS’ COMPENSATION On Monday, the House Business and Industry Committee took up:

HB 919 by Kyle Kacal (R-College Station) would provide workers’ compensation insurance coverage for intrastate fire mutual aid system team members and regional incident management team members during periods of activation or training by the Texas Division of Emergency Management. It was left pending.

HB 1477 by Armando Walle (D-Houston) would clarify Texas Labor Code Section 409-096 to require all contractors and subcontractors on public building or construction projects to carry workers’ compensation insurance and to submit proof of coverage to the general contractor who will provide the coverage to the governmental entity. It was left pending.

HB 1983 by John Wray (R-Waxahachie) would allow first responders to receive coverage for Post Traumatic Stress Disorder (PTSD) through workers' compensation without declaring mental impairment. It was left pending.

HB 1989 by Hugh Shine (R-Temple) would define an “adequate program” for purposes of certified self-insurers withdrawing as the workers’ compensation insurance provider. Current law states that a certified self-insurer can withdraw if an adequate program is in place and approved by the Department of Workers’ Compensation. It was left pending.

HB 1990 by Hugh Shine (R-Temple) would update the Texas certified self-insurer guaranty trust fund for workers’ compensation and revise the cap to be based on the self-insurers’ total amount of security deposits. It was left pending.

HB 2054 by Rene Oliveira (D-Brownsville) would add a cost-of-living increase to workers’ compensation death benefits. It was left pending.

HB 2055 by Rene Oliveira (D-Brownsville) would allow an eligible surviving spouse to receive workers’ compensation death benefits for life regardless of remarriage. It was left pending.

HB 2082 by Dustin Burrows (R-Lubbock) would require the Office of Injured Employee Counsel to designate an employee of the office to act as law enforcement liaison to assist injured law enforcement officers during a workers’ compensation dispute. It was left pending.

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HB 2119 by Kyle Kacal (R-College Station) would entitle all surviving spouses of first responders killed in the course and scope of employment to death benefits regardless of the date of death. It was left pending.

HB 2326 by Nicole Collier (D-Fort Worth) would require an insurance carrier disputing the extent of an injury to reimburse a treating doctor or referral doctor who creates a medical causation letter. It was left pending.

On Thursday, the Senate Business and Commerce Committee took up:

SB 876 by Kelly Hancock (R-North Richland Hills) would require the party appealing a workers’ compensation decision to district court to file a copy of the petition with the Department of Workers’ Compensation (DWC) and would require the complete terms of any proposed settlement of a matter in District Court to be made known to the DWC. It was left pending. (Note: the companion HB 2061 is set for a hearing in the House Business and Industry Committee on Monday, April 10th.)

SB 877 by Kelly Hancock (R-North Richland Hills) would require political subdivisions that self-insure workers’ compensation coverage either individually or collectively to pay attorney’s fees in subrogation cases as provided by Section 417.033 of the Labor Code. It was left pending. (Note: the companion HB 2057 is set for a hearing in the House Business and Industry Committee on Monday, April 10th.)

SB 1493 by Judith Zaffirini (D-Laredo) would change statutory references of hearing officer to administrative law judge. It was left pending.

SB 1494 by Judith Zaffirini (D-Laredo) would allow the Department of Workers’ Compensation to exempt from preauthorization and concurrent review work-hardening or work-conditioning services provided by a health care facility that is credentialed by an organization designated by commissioner rule. It was left pending. (Note: the companion HB 2058 is set for a hearing in the House Business and Industry Committee on Monday, April 10th.)

SB 1495 by Judith Zaffirini (D-Laredo) would allow the Department of Workers’ Compensation to request and receive any contracts between a designated doctor and his/her agent. It was left pending. (Note: the companion HB 2056 is set for a hearing in the House Business and Industry Committee on Monday, April 10th.)

SB 1496 by Judith Zaffirini (D-Laredo) would change statutory references of Department of Assistive and Rehabilitative Services to Texas Workforce Commission and would update requirements to mail certain documents to simply send the documents. It was left pending.

SB 1497 by Judith Zaffirini (D-Laredo) would remove the one-year of workers’ compensation experience requirement to become an ombudsman. It was left pending.

SB 1498 by Judith Zaffirini (D-Laredo) would remove the state licensing requirement for temporary common worker employers. It was left pending.

SB 1895 by Larry Taylor (R-Friendswood) would add additional factors for the Commissioner of Workers’ Compensation to consider when assessing an administrative penalty and stop penalties for electronic data interchange violations when a good faith effort to comply has been demonstrated. It was left pending.

NEXT WEEK

The House Business and Industry Committee will meet on Monday, April 10, 2017 at 10:00 a.m. in E2.016 of the capitol extension to take up:

HB 1456 by John Smithee (R-Amarillo) would remove the requirements to pay an administrative penalty to the Division of Workers’ Compensation while the matter is on appeal to District Court.

HB 1678 by Mike Schofield (R-Katy) would make communications regarding workers’ compensation claims between an insurance carrier and policyholder privileged from disclosure.

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HB 1689 by Dustin Burrows (R-Lubbock) would clarify that political subdivisions and the State Office of Risk Management do not have immunity from sanctions imposed by the Division of Workers’ Compensation.

HB 2056 by Rene Oliveira (D-Brownsville) would allow the Department of Workers’ Compensation to request and receive any contracts between a designated doctor and his/her agent. (Note: the companion, SB 1495, was heard in the Senate Business and Commerce Committee on Thursday and left pending)

HB 2057 by Rene Oliveira (D-Brownsville) would require political subdivisions that self-insure workers’ compensation coverage either individually or collectively to pay attorney’s fees in subrogation cases as provided by Section 417.033 of the Labor Code. (Note: the companion, SB 877, was heard in the Senate Business and Commerce Committee on Thursday and left pending)

HB 2058 by Rene Oliveira (D-Brownsville) would allow the Department of Workers’ Compensation to exempt from preauthorization and concurrent review work-hardening or work-conditioning services provided by a health care facility that is credentialed by an organization designated by commissioner rule. (Note: the companion, SB 1494, was heard in the Senate Business and Commerce Committee on Thursday and left pending)

HB 2061 by Rene Oliveira (D-Brownsville) would require the party appealing a workers’ compensation decision to district court to file a copy of the petition with the Department of Workers’ Compensation (DWC) and would require the complete terms of any proposed settlement of a matter in District Court to be made known to the DWC. (Note: the companion, SB 876, was heard in the Senate Business and Commerce Committee on Thursday and left pending)

HB 2546 by John Zerwas (R-Fulshear) would allow reports that are required to be submitted to the Division of Workers’ Compensation or any party be signed by a licensed physician assistant.

HB 2830 by Rene Oliveira (D-Brownsville) would allow the Division of Workers’ Compensation to exclude compounded pharmaceutical medications from the closed formulary.

HB 3702 by Yvonne Davis (D-Dallas) would inform injured workers of their right to choose a treating doctor.

HB 4039 by Rene Oliviera (D-Brownsville) would add additional factors for the Commissioner of Workers’ Compensation to consider when assessing an administrative penalty and stop penalties for electronic data interchange violations when a good faith effort to comply has been demonstrated.

WORKFORCE Passed the Senate:

SB 634 by Craig Estes (R-Wichita Falls) would require participants in the Skills Development Fund to refund state funds if the entity fails to submit required reports and would prohibit the Workforce Commission from awarding any future funds to that entity. It passed on Monday’s Senate Local and Uncontested Calendar.

SB 719 by Judith Zaffirini (D-Laredo) would require the Texas Higher Education Coordinating board to collect and study data on the participation of persons with intellectual and developmental disabilities enrolled in a workforce education program, including a workforce continuing education program, that is eligible for state-appropriated formula funding, including data regarding retention, graduation, and professional licensing. It passed on Monday’s Senate Local and Uncontested Calendar.

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The Senate Veteran Affairs and Border Security Committee took up:

SB 1457 by Dawn Buckingham (R-Lakeway) would require the Texas Workforce Commission in consultation with the Texas Coordinating Council for Veterans Services to submit an annual report to the governor and legislature identifying:

• The five most common military occupational specialties of service members who are transitioning from military service to employment;

• The five occupations for which the military occupational specialties identified best offer transferable skills that meet the needs of employers; and

• Any industry-based certifications that align with the military occupational specialties identified. It was left pending.

NEXT WEEK

The House Corrections Committee will meet on Wednesday, April 12, 2017 at 8:00 a.m. in E2.028 of the capitol extension to take up:

HB 3130 by Tan Parker (R-Flower Mound) would establish the Educational and Vocational Training Pilot Program to provide educational and vocational training, employment, and reentry services to defendants placed on community supervision for a state jail felony.

Additional information can be obtained via the Senate, House, and capitol websites:

www.senate.state.tx.us

www.house.state.tx.us

www.capitol.state.tx.us

Compiled on behalf of the Greater Houston Partnership By Dana Chiodo