Texas Conference of Urban Counties
500 West 13th Street
Austin, TX 78701
Phone: 512/476-6174

The Urban Counties Policy Analysis Project has a final comprehensive report for the 79th Legislative Session. The Urban Counties staff reviewed and analyzed 1,280 bills over the course of the legislative session (approximately 5,600 bills were filed) that were of specific interest to county government officials. Of these, 351 were signed into law, five became law without a signature, and eleven were vetoed by Governor Perry.

The Final Legislative Report is organized by the major policy areas, which will allow county officials to easily review particular areas of interest. The analysis of each bill contains the familiar summaries prepared by the Urban Counties staff supplemented with recommended actions for county officials to consider in ensuring that they comply with the changes in the law. Urban County members may obtain a free copy of the final report on CD-ROM by contacting
michael@cuc.org or by calling the Urban Counties offices at 512/476-6174.

Date: February 9, 2007

There were 200 bills reviewed since the last report and 49 summaries can be found in the document section of the website.

Attorney General Opinions of interest

There were no attorney general opinions issued this week.

Attorney General Opinion Requests of interest

There were 3 requests for an attorney general opinion reviewed this week, 1 was of interest.

  • RQ-564 May the in-house general counsel for a central appraisal district also serve as advisor to the appraisal review board or would this be an impermissible contact between a CAD employee (the general counsel) and a member of the ARB?


Agency Rule Changes of interest

There were 17 state agencies proposing rule changes in the Texas Register that were reviewed this week, 2 were of interest.

  • The Texas Commission on Environmental Quality proposes new rules to update the Transportation Conformity State Implementation Plan (SIP) for Texas Nonattainment and Maintenance Areas. The proposed rule changes update the SIP and rule to incorporate federal changes made in 2005 and 2006. Transportation conformity is required to ensure that transportation activities will not cause new air quality violations, worsen existing violations, or delay timely attainment of the relevant National Ambient Air Quality Standards (NAAQS). EPA's transportation conformity rule establishes the criteria and procedures for determining whether transportation activities conform to the SIP.

  • The General Land Office adopts an amendment to rules relating to the Concurrent Dune Protection and Beachfront Construction Standard, to allow local governments to permit the construction of a storage area or areas with breakaway or louvered walls in eroding areas if the construction meets National Flood Insurance Program requirements and is not otherwise restricted by the local government’s dune protection and access plan. The amendment also would allow a local government to permit enclosures as required by local building or safety codes.

Committee and Agency Meetings of interest

MONDAY - 2/12/07


House Appropriations      
Health and Human Services
8:30 A.M., JHR 140

 

Health and Human Services Commission
Department of Aging and Disability Services


House Government Reform      
10:30 A.M. or Adj., E2.014

 

HB 67

Leibowitz

Relating to energy-saving devices and options for vending machines in buildings owned or leased by the state.

 

 

The committee will also hear overviews on the following:
Sunset Advisory Commission
Legislative Budget Board
Comptroller's Office
State Auditor's Office
Association of Counties
Municipal League
Association of School Boards


House Judiciary      
2:00 P.M. or Adj., E2.028

 

HB 290

Naishtat

Relating to the fee charged for depositing a will during a testatort's life.

 

General Remarks:

MV-Increases the fee for depositing a will with the county clerk during the testator's lifetime from $3 to $5.

 

 

HB 334

Hartnett

Relating to district court jurisdiction over suits concerning trusts.

 

 

HB 335

Hartnett

Relating to the time for a court reporter to provide a transcript of the evidence in a case.

 

General Remarks:

MV-Imposes a 120 day time limit for a court reporter to provide a transcript from the date a person applies for it and pays the transcript fee or establishes indigency.

 

 

HB 336

Hartnett

Relating to the administration and operation of certain trusts.

 

 

HB 368

Hartnett

Relating to disposition of surplus computer equipment and the grant of money by the Office of Court Administration.

 

General Remarks:

MV-Removes the authority of the Judicial Committee on IT to fund grants for technological support of the judiciary and gives it to the Office of Court Administration (OCA). Grants may be awarded to local or state governmental entities in the judicial branch of government. Permits the OCA to give preference when transferring surplus property to these types of entities. Repeals a statute establishing a specific judicial technology account.

 

 

HB 369

Hardcastle

Relating to the appointment of bailiffs for the 97th Judicial District.

 

 

HB 622

Hardcastle

Relating to the application of the professional prosecutors law to the district attorney for the 46th Judicial District.

 

 

HB 632

King, Phil

Relating to the appointment of bailiffs for the 415th District Court.

 

 

HB 723

Solomons

Relating to an annual report by a justice of the peace regarding certain income.

 

General Remarks:

BVG - Requires that a justice of the peace shall file a report with the commissioners court detailing monies received for performing marriage ceremonies for the previous calendar year.


House Law Enforcement      
2:00 P.M. or Adj., E1.014

 

Organizational hearing.
The committee will hear testimony from agencies under its jurisdiction
and other entities.


House Local Government Ways and Means      
2:00 P.M. or Adj., E2.026

 

Testimony on the appraisal process in Texas.
Invited testimony only.


Senate International Relations and Trade      
2:30 P.M. or Adj., E1.016

 

Organizational meeting.

 

TUESDAY - 2/13/07

House Appropriations      
Health and Human Services
7:00 A.M., JHR 120

 

Department of Family and Protective Services
Department of State Health Services


House Transportation      
8:00 A.M., E2.012

 

The committee will meet in the morning to hear a presentation by Txdot,
and will consider the following bills upon recess or Adj. of the House:

 

HB 178

Bailey

Relating to the issuance and renewal of certain licenses for junkyards and automotive wrecking and salvage yards.

 

General Remarks:

BVG – Allows the Harris County Commissioners Court to adopt a licensing fee of $1000 for junkyards and automotive wrecking and salvage yards.

 

 

HB 194

Gonzalez Toureilles

Relating to the dismissal of a charge for failure to carry and exhibit a driver's license.

 

General Remarks:

BVG - Allows a judge to dismiss a charge for failure to carry and exhibit a driver's license if the defendant provides a valid driver's license to the court within 10 working days.

 

 

HB 348

Callegari

Relating to an offense involving a motor vehicle with an altered or obscured license plate.

 

 

HB 410

Eissler

Relating to erecting an off-premise sign adjacent to and visible from certain roads.

 

General Remarks:

MV-Prohibits erecting new billboards along certain roads in Grimes and Montgomery Counties.

 

 

HB 412

Eissler

Relating to erecting or maintaining certain outdoor signs or advertising.

 

General Remarks:

MV-Prohibits placing or allowing the placing of a billboard or sign within 660 feet of the edge of a ROW if the advertising is visible from the main-traveled way of the interstate or primary system. Stipulates that a civil penalty collected for a violation by the attorney general goes to the state highway fund or to the county road and bridge fund if collected by the county or district attorney. In lieu of a suit to collect a civil penalty, the Texas Transportation Commission may impose an administrative penalty for intentionally violating the prohibition. The funds are to be deposited into the state highway fund.

-Creates an offense for allowing an outdoor sign or billboard to be erec ted in violation of requirements for off-premise signs on rural roads. An offense is a misdemeanor punishable by a fine of between $500 - $1000. It is a defense to prosecution that the person removed the sign within 45 days of receiving the citation for the illegal sign.

-Creates a civil penalty of between $150 - $1000 (may only be pursued after the 45 day grace period). A penalty collected by a district or county attorney goes to the county road and bridge fund; a penalty collected by the attorney general goes to the state highway fund.

-Designates an illegal sign a public nuisance, allowing TxDOT to direct the AG to apply for an injunction to require removal of the sign after the 45 day grace period.

 

 

HB 413

Eissler

Relating to erecting certain signs on certain rights-of-way.

 

General Remarks:

MV-Prohibits placing or allowing the placing of a billboard or sign on the ROW of a public road; a state highway; or a road or highway maintained by a city unless the placement of the sign is authorized by state law or city ordinance.

-Creates a civil penalty of between $500 - $1000 for each violation. A penalty collected by a district or county attorney goes to the county road and bridge fund; a penalty collected by a city attorney goes to the city’s general fund; a penalty collected by the attorney general goes to the state highway fund.

-Allows a trained volunteer (authorized by commissioners court) to confiscate illegal signs on public roads. Allows a sheriff, constable, or trained volunteer to discard signs having a value of less than $25 without providing notice.

 


House Criminal Jurisprudence      
2:00 P.M. or Adj., E2.016

 

Organization meeting and take invited testimony.


House Regulated Industries      
** REVISED **
2:00 P.M. or Adj., JHR 140

 

State of the Texas Electric market.
Invited testimony only.

WEDNESDAY - 2/14/07


House Land and Resource Management      
8:00 a.m., E2.014

 

The committee will hear invited testimony from General Land Office
Commissioner Jerry Patterson.


Senate Intergovernmental Relations      
9:30 A.M., E1.028

 

SB 63

Zaffirini

Relating to the powers of the commissioners court of certain counties that have no incorporated municipality.

 

General Remarks:

MV-Expands the bracket on a provision allowing certain border counties (must have a population of less than 7,500 and contain no incorporated areas) to hold an election to provide commissioners court with all the powers of the governing body of a Type A general-law municipality. The new bracket applies to counties with a population of less than 5,000 that are within 100 miles of the border.

 

 

SB 213

Fraser

Relating to the authority of certain counties to imposed a county hotel occupancy tax and to the rate of the tax.

 

General Remarks:

MV-Removes a population bracket (34,000 or more) to allow any county bordering Lake Buchanan to impose a hotel occupancy tax.

 

 

SB 254

Ellis, Rodney

Relating to the sale of live animals on a public highway or road, the right-of-way of a public highway or road, or a parking lot.

 

General Remarks:

BVG - Allows a commissioners court in a county with a population of more than 2.2 million to regulate the sale of live animals in the right-of-way of a public highway or road, or in a parking lot.


House Urban Affairs    New - 1:42pm
On Adj., E1.026

 

HB 239

Alonzo

Relating to public use of computers in certain local public libraries.

 

 

HB 605

Howard, Donna

Relating to the creation of a library district.

 

General Remarks:

MV-Allows the creation of a library district composed of territory in more than one county.

 

 

HB 679

Swinford

Relating to the validation of governmental acts and proceedings of the Downtown Midland Management District.

 

 

HB 680

Swinford

Relating to the sale of certain small municipal parks.


Senate Jurisprudence      
1:30 P.M. or Adj., E1.012

 

SB 57

Zaffirini

Relating to the priority given to the hearing by trial courts of certain ad valorem tax matters.

 

General Remarks:

MV-Requires trial courts to give preference to hearings and trials regarding appeals of orders of appraisal review boards extablished in counties with a population of less than 675,000.

 

 

SB 227

Harris

Relating to the perfection of a child support lien on a motor vehicle.

 

 

SB 228

Harris

Relating to suits affecting the parent-child relationship, including proceedings for the establishment, modification, and enforcement of child support.

 

 

SB 229

Harris

Relating to the seal of a district court used on process issued by the court.

 

 

SB 231

Harris

Relating to child support enforcement.

 

 

SB 235

Harris

Relating to the composition of a county bail bond board.

 

General Remarks:

MV-Allows a designee to be appointed to serve on the county bail bond board in place of a district judge, a county court judge or county court at law judge.

 

 

SB 272

Estes

Relating to the appointment of bailiffs for the 97th Judicial District.


House Elections    New - 10:43am
2:00 P.M. or Adj., E2.028

 

Organizational meeting with invited testimony only.
Testimony from the following agencies:
Secretary of State
Ethics Commission

THURSDAY - 2/15/07

Senate Finance      
8:00 A.M., E1.036
The committee will reconvene 45 minutes after adjournment of the Senate.

 

Appropriations Bill - Pending Items
Senate Finance
THURSDAY - 2/15/07
8:00 A.M., E1.036
*** REVISED AGENDA ***
Article II - Health and Human Services
Health and Human Services Commission
Department of Aging
Department of State Health Services
Department of Assistive and Rehabilitative Services
Department of Family and Protective Services
Special provisions relating to all health and human services agencies


House Human Services    New - 10:55am
10:30 A.M. or Adj., E2.026

 

Organizational meeting.
Invited testimony from state agencies in the committee's jurisdiction.