Texas Press Association Bill Watch of past Legislative Sessions - Thursday September 09, 2010
| Session | Bill Number | author | status | type | position | priority | caption | comments |
| 79_R | HB 2 (read bill) | Grusendorf, R-Arlington, et al. | DEAD; died in conference committee | public notice | Oppose | 1 | Relating to public education, public school finance matters, and the imposition of a state ad valorem tax; imposing criminal penalties. | Contains measure allowing school districts to post competitive bidding notices on their web site rather than publish notice in newspaper. |
| 79_s1 | HB 2 (read bill) | Grusendorf, R-Arlington | Dead: House adjourned sine die | Public Notice | Oppose | 1 | Relating to public education and public school finance matters. | Filed version would have amended Education Code and Local Government Code to allow school districts to post competitive bidding notices, budget hearing notices and notices regarding sale of property on the Internet instead of the newspaper, or in abbreviated form in a newspaper. On June 28, at the request of Texas newspapers, Rep. Fred Hill of Dallas successfully attached floor amendment (no. 37) that struck the offending language. House must pass a motion to concur in Senate amendment for HB 2 to finally pass. House refused to concur in Senate amendments. House appointed conference committee of Grusendorf-chair, Eissler, Delisi, Keffer of Dallas and Branch. Senate appointed conference committee of Shapiro, Duncan, West, Janek and Van de Putte. In the final days of the 1st called session, the conference committee re-attached language that would have given school districts the option of posting notice of budget hearing on tax increase on their web sites and not publishing the notice in the local newspaper. |
| 79_s2 | HB 2 (read bill) | Grusendorf, R-Arlington | DEAD [failed to pass to Third Reading] July 26 | Public Notice | Neutral | 3 | Relating to public education and public school finance matters. | Filed version of this bill contained language in section 3.24 amending Education Code 44.004 so a school district would be able to post notice of budget and proposed tax rate hearing on its Web site rather than publish the notice in a local newspaper of general circulation. However, that language was stripped out of the House Committee Substitute. [This bill was monitored for attachment of any language detrimental to open government or public notice.] |
| 79_R | HB 3 (read bill) | Keffer, Jim, R-Eastland | DEAD; died in conference committee | business-related | Neutral | 1 | Relating to financing public schools in this state and reducing school property taxes. | On Feb. 16, West Turner, Fort Worth Star-Telegram, and Marshall Day, Gatesville Messenger, testified before House Ways & Means in opposition to any legislation that would repeal sales and use tax exemptions for newspapers. On March 14, Rep. Charlie Geren, R-Fort Worth, filed an amendment killing a proposed repeal of sales and use tax for newspapers. Geren's amendment was adopted on the House Floor. |
| 79_s1 | HB 3 (read bill) | Jim Keffer, R-Eastland | Dead: House adjourned sine die | Business-related | Neutral | 1 | Relating to property tax relief and protection of taxpayers, taxes and fees, and other matters relating to the financing of public schools. | When House and Senate versions of HB 3 passed, they contained no language offensive to the newspaper industry in particular. House appointed conference committee of Jim Keffer-chair, Chisum, Otto, Swinford and Geren. Senate appointed conference committee of Ogden, Brimer, Averitt, Armbrister and Hinojosa. |
| 79_s2 | HB 3 (read bill) | Jim Keffer, R-Eastland | DEAD [failed to pass to Third Reading] July 26 | Business-related | Neutral | 3 | Relating to property tax relief and protection of taxpayers, certain taxes, fees, and property, and other matters relating to the financing of public schools. | [This bill was monitored for potential attachment of language singling out newspaper industry for a repeal of sales and use tax exemptions.] |
| 79_s3 | HB 3 (read bill) | Jim Keffer, R-Eastland; Senate sponsor, Averitt, | Signed by Governor; takes effect Jan. 1, 2008 | Business-related | Neutral | 4 | Relating to the franchise tax; making an appropriation; providing penalties. | Kills franchise tax and creates a "fair share" business activity or "margins" tax that would apply to all taxable business entities. Businesses would choose to pay a tax on their combined payroll or on gross receipts. Concern for businesses that choose gross receipts method of taxation: This bill creates a so-called "back-door" tax on advertising by not allowing the cost of advertising to be deducted from gross receipts as a cost of goods sold. |
| 81_R | HB 3 (read bill) | Eissler R-The Woodlands | PASSED: Signed by Governor, June 19, effective immediately | public notice | support | 2 | Relating to public school accountability, curriculum, promotion requirements. [Same as SB 3 by Shapiro] | Would amend Education Code. On p.85, requires publication of performance report, and p.86, paragraph (c), requires public notice of hearing for public discussion of the report. Notice of hearing must be published in a newspaper of general circulation in the district. |
| 79_s1 | HB 6 (read bill) | Morrison, R-Victoria | Dead: House adjourned sine die | Public Notice | Neutral | 2 | Relating to authorizing the issuance of revenue bonds or other obligations to fund capital projects at public institutions of higher education. | Monitoring this bill for potential attachment of language affecting public notice. |
| 79_s2 | HB 8 (read bill) | Swinford, R-Amarillo | Reported favorably from House Select on Public Education Reform, Aug. 12 | Public Information | Neutral | 3 | Relating to property tax relief and protection of taxpayers, certain taxes, fees, and property, and other matters relating to the financing of public schools. | School property tax relief. [This bill is being monitored for potential attachment of language detrimental to open government or public notice.] |
| 79_R | HB 22 (read bill) | Fred Brown, R-Bryan | PASSED; signed by governor May 24, effective immediately | public information | Oppose | 3 | Relating to the disposition of state agency surplus or salvage property. | Amends Government Code 2157.001 so that a state commission or agency can donate property with no resale value to an assistance organization and remove the property from state accounting records. New language also empowers a state university system or institution of higher learning to do the same. |
| 79_R | HB 26 (read bill) | Delisi, R-Temple | PASSED: signed by Governor; earliest effective date June 17, 2005 | Public Information & public notice | Support | 2 | Relating to an electronic database of major state contracts and related documents. | Would amend Government Code 2177 by providing for a new, online database for state and local governmental entities' contracts worth $5 million or more. [Filed witness affirmation in support at Feb. 14 hearing.] |
| 79_R | HB 28 (read bill) | Eissler, R-The Woodlands | DEAD: referred to House Ways & Means and not heard | Business-related | Unassigned | 3 | Relating to state taxes; imposing penalties. | Would amend Tax Code by adding chapter 172, "Texas Education Business Activity Tax." We monitored this bill for possible attachment of language that would single out newspapers. |
| 79_s1 | HB 31 (read bill) | Eissler, R-The Woodlands | Dead: House adjourned sine die | Public Information | Neutral | 3 | Relating to the ability of public school employees to communicate with members of a school district board of trustees. | Would amend Education Code 11.163 by adding Subsections (f) and (g) to read as follows: "(f) The employment policy must: (1) permit school district employees to communicate directly with a member of the board of trustees without restriction regarding a matter relating to the operation of the district; and (2) provide that a trustee receiving a communication from a district employee may keep the identity of the employee confidential. (g) A member of the board of trustees may inquire about the substance of a communication from a district employee at a board of trustees meeting. The inquiry is subject to Section 551.042 Government Code, except that: (1) the notice provisions of Chapter 551, Government Code, do not apply to an inquiry, proposal, or decision made under this subsection; and (2) a trustee may propose, and a majority of the trustees may decide, that the substance of the inquiry be investigated and reported to the board at a subsequent meeting." [This legislation would offer some protection to whistleblowers.] |
| 80_R | HB 41 (read bill) | Ken Paxton, R-McKinney | PASSED: signed by governor, earliest effective date 9/1/07 | public information | Oppose | 2 | Relating to the confidentiality of information in ad valorem tax appraisal records that identifies the home address of certain state and federal judges. | Amends Election Code chapter 13, adding state judges and federal judges to list of governmental employees [law enforcement officers] whose personal information in county tax appraisal records is not open to the public. Carl Reynolds, Office of Court Administration at the Court of Judicial Council, testified that a judge's safety could be compromised by voter registration information. |
| 79_R | HB 41 (read bill) | Paxton, R-McKinney | filed | Public Information | Oppose | 2 | Relating to the confidentiality of information in ad valorem tax appraisal records that identifies the home address of certain state and federal judges. | Would amend Tax Code section 25.025 by adding state and federal judges to list of state employees whose home address is confidential in tax appraisal records on file at county courthouses. |
| 79_R | HB 44 (read bill) | Davis, D-Dallas | DEAD: referred to House Public Health and not heard | Public Information | Oppose | 2 | Relating to the regulation of clinical nutritionists and nutrition counselors; providing penalties. | SAME AS SB 989 by Carona. Would amend Occupations Code by adding chapter 703, "Clinical Nutritionists and Nutrition Counselors." Problematic Sec. 703.206 would close off public access to certain complaint and investigation records. |
| 81_R | HB 45 (read bill) | Corte R-San Antonio | DEAD: Left pending, House Land & Resource Management, March 18 | public notice | oppose | 1 | Relating to notice requirements for certain municipal zoning actions. | Would amend Local Government Code chapter 211, Municipal Zoning Authority, by giving cities the option to post web notice as an alternative to notice in newspaper. |
| 79_R | HB 47 (read bill) | Keel, R-Austin | DEAD: passed House and left pending in Senate Criminal Justice | Public Information | Support | 1 | Relating to imposing a civil penalty on a county that fails to make available to the public certain information with respect to an arrest or search warrant. | Would amend Code of Criminal Procedure article 15.26 by imposing civil penalty of $1,000 on clerks of cities or counties for each violation of law requiring release of arrest or search warrant information. |
| 79_R | HB 54 (read bill) | Branch, R-Dallas | DEAD: left pending in House State Affairs | Public Information | Support | 1 | Relating to requiring a record vote by each house of the legislature on final passage of a bill and to public notice of the record vote. | Would amend Government Code by adding section 301.035, which would require that a vote taken by a house of the Legislature on final passage of a bill must be a record vote. A vote on final passage includes a vote on a bill's third reading in a house, or on second reading if the house suspends the requirement for three readings on whether to concur in the other house's amendments to the bill and on whether to adopt a conference report on the bill. [Doug Toney, New Braunfels Herald-Zeitung, testified in favor, March 7.] |
| 80_R | HB 59 (read bill) | Carl Isett, R-Lubbock | DEAD: left pending in Business & Industry, 5/1/07 | public information | Oppose | 3 | Relating to the management, security, and protection of personal information and governmental records; providing a criminal penalty. | Would amend Government Code by adding Sec. 561, Texas Privacy and Security Act. Intent is to strengthen privacy protections for citizens' personal information held by state and local governmental entities. |
| 80_R | HB 72 (read bill) | Fred Hill, R-Richardson | PASSED: see companion SB 129 | public information | Support | 1 | Relating to reporting of gifts of cash or a cash equivalent to public officials. | [Same as HB 255 by Todd Smith, SB 129 by West of Dallas and SB 558 By Ellis.] Amends Ethics Code, Government Code Sec. 572.022, by adding Subsection (d) requiring the filer to report the value of a gift. |
| 79_R | HB 72 (read bill) | Naishtat, D-Austin | DEAD: left pending in House Elections | First Amendment, public information | Support | 2 | Relating to the regulation of electioneering communications made in connection with a political campaign; providing a criminal penalty. | Would amend Election Code by adding Sec. 253.105, "Contributions and Expenditures for Certain Electioneering Communications Prohibited." Includes expenditure-reporting requirements that increase transparency. Also, author says, HB 72 would put a stop to sham issue ads paid for and placed by corporations and unions 60 days before a general election or 30 days before a primary. [Submitted witness affirmation in support.] |
| 81_R | HB 78 (read bill) | Flynn R-Canton | DEAD: Senate conference committee report filed, May 30 | public notice | oppose | 1 | Relating to amount of a county expenditure for which competitive bidding is required. [Same as SB 253 by Estes, HB 117 by Heflin and HB 2573 by Gonzalez-Toureilles] | Would amend Local Government Code chapter 262 (Purchasing and Contracting Authority of Counties), chapter 271 (Purchasing and Contracting Authority of Municipalities) and chapter 363 (Crime Control and Prevention Districts) by increasing competitive bidding notice threshold to $50,000. Present threshold is $25,000. |
| 80_R | HB 83 (read bill) | Dan Branch, R-Dallas | DEAD: House postponed on Second Reading until 5/10/07 | public information | Support | 1 | Relating to requiring a record vote by each house of the legislature on final passage of a bill and to public notice of the record vote. | Would amend Government Code by adding Sec. 301.035, Required Record Vote on Bills and Certain Other Measures. Language: (a) A vote taken by a house of the legislature must be by record vote if the vote is on final passage of: (1) a bill; (2) a joint resolution proposing or ratifying a constitutional amendment; or (3) any other resolution, other than a resolution of a purely ceremonial or honorary nature such as a congratulatory or memorial resolution. (b) For purposes of this section, a vote on final passage means a vote on: (1) third reading; (2) second reading if the otherwise dispenses with the requirement for three readings; (3) whether to concur in the amendments of the other house; or (4) whether to adopt a conference committee report. (c) How each member voted on a measure described by Subsection (a) shall be recorded in the journal of the appropriate house. (d) The secretary of the senate or chief clerk of the house of representatives, as applicable, shall: (1) publish each record vote required by this section, including the vote of each member of the applicable house, on the public Internet site maintained by or for that house; and (2) maintain that at least one year after the date the vote is taken. (e) This section does not apply to a bill that applies only to or in one identifiable district or political subdivision of this state. |
| 79_R | HB 91 (read bill) | Rodriguez, D-Austin | DEAD: left pending in House Insurance | Public Information | Support | 1 | Relating to the disclosure of certain public information collected by the Texas Department of Insurance. | Would amend Insurance Code by adding Sec. 38.208, "Public Information." Says information collected by Insurance Department is public information and subject to disclosure under Public Information Act. [Submitted witness affirmation in support.] |
| 79_s3 | HB 93 (read bill) | Naishtat, D-Austin | Died in committee | Public information | Neutral | 4 | Relating to reporting of certain gifts to public officials. | SAME AS SB 20 by Barrientos\, D-Austin\, and Wentworth\, R-San Antonio. Amends Government Code chapter 572 [Personal financial disclosure\, standards of conduct and conflict of interest] by adding 572.022 Subsection (d) to read as follows: (d) The individual filing the statement shall include in the description of a gift that is reported in accordance with Section 572.023(b)(7) a statement of the fair market value of the gift. |
| 79_s3 | HB 95 (read bill) | Villarreal, D- San Antonio | Died in committee | Public information | Neutral | 4 | Relating to disclosure and use of sales price information for ad valorem tax purposes. | SAME AS SB 37 by Wentworth, R-San Antonio. Contains language giving public access to sales price information. See Sec. 22.66. PUBLIC INFORMATION. "A sales price disclosure report filed with the chief appraiser under this subchapter is a public record and must be made available on request for inspection and copying during normal business hours." |
| 80_R | HB 108 (read bill) | Tony Goolsby, R-Dallas | DEAD: left pending in State Affairs, 3/5/07 | public information | Support | 1 | Relating to requiring a record vote by each house of the Legislature on bills, proposed constitutional amendments, and other measures and actions. | Would amend Government Code by adding Sec. 301.035, Required Record Vote on Bills and Other Measures and Actions. Says a vote taken by a house of the legislature must be by record vote if the vote is on: (1) approval of a bill; (2) approval of a joint resolution proposing or ratifying a constitutional amendment; (3) approval of any other resolution, other than a resolution of a purely ceremonial or honorary nature such as a congratulatory or memorial resolution; (4) the appointment or election of a legislative officer or other public official; or (5) the confirmation of an appointment or nomination to public office. |
| 79_R | HB 117 (read bill) | Davis, D-Dallas | DEAD: referred to House Ways & Means and not heard | Business-related | Oppose | 1 | Relating to the application of the franchise tax to certain entities. | Would amend Tax Code by imposing franchise tax on Texas corporations, limited liability companies doing business in Texas or that are organized under Texas law, business trusts, limited liability companies or other entities. |
| 81_R | HB 117 (read bill) | Heflin D-Hale Center | DEAD: Reported favorably, House County Affairs, April 16 | public notice | oppose | 1 | Relating to the amount of a county expenditure for which competitive bidding is required. [Same as SB 253 by Estes, HB 78 by Flynn and HB 2573 by Gonzalez-Toureilles] | Would amend Local Government Code chapter 262, Purchasing and Contracting Authority of Counties; chapter 271, Purchasing and Contracting Authority of Municipalities; and chapter 363, Crime Control and Prevention Districts, by increasing competitive bidding notice threshold to $50,000. Present threshold is $25,000. |
| 79_R | HB 118 (read bill) | Davis, D-Dallas | DEAD: referred to House Ways & Means and not heard | Business-related | Oppose | 1 | Relating to the repeal of certain tax exemptions and deductions. | Would repeal state sales and use and franchise tax exemptions for many businesses and industries, including the newspaper industry. |
| 79_s1 | HB 118 (read bill) | Bonnen, R-Angleton | Dead: House adjourned sine die | Public Notice | Oppose | 3 | Relating to responsibilities of certain state agencies concerning radioactive substances; imposing fees and surcharges. | Kills requirement that the state publish notice of amendment in license to process or dispose of low-level radioactive waste. Currently, notice must be published in the Texas Register and in a newspaper of general circulation in the county. See strikethrough language, Sec. 401.116. |
| 79_R | HB 119 (read bill) | Davis, D-Dallas | DEAD: referred to House Ways & Means and not heard | Business-related | Oppose | 1 | Relating to the repeal of certain sales tax exemptions and refunds. | Would repeal sales tax exemptions and refunds to many businesses, including Tax Code 151.319, "Newspapers and Property Used in Newspaper Publication." |
| 79_R | HB 121 (read bill) | Chavez, D-El Paso | DEAD: reported from House Local Government Ways & Means and died in Calendars | Business-related | Unassigned | 3 | Relating to the exemption from ad valorem taxation of tangible personal property held temporarily at a location in this state for assembling, storing, manufacturing, processing, or fabricating purposes. | SAME AS SB 345 by Duncan. Would amend Tax Code by adding section 11.253, "Tangible Personal Property in Transit." Concern over potential effects on newspaper industry. |
| 80_R | HB 132 (read bill) | Brian McCall, R-Plano | DEAD: left pending in State Affairs, 3/5/07 | public information | Support | 1 | Relating to requiring a record vote by each house or committee of the legislature on bills, proposed constitutional amendments, amendments to bills and proposed constitutional amendments, and certain other actions and to public notice of the record vote. | [SB 102 by Carona, similar.] Would amend Government Code by adding Sec. 301.035, Record Vote on Bills Required. Says (a) A vote taken by a house or committee of the legislature must be by record vote if the vote is on: (1) approval or disapproval of a bill or an amendment or substitute to a bill; (2) approval or disapproval of a joint resolution proposing or ratifying a constitutional amendment or an amendment or substitute to such a joint resolution; (3) the appointment or election of a legislative officer or other public official; or (4) the confirmation of an appointment or nomination to public office. (b) How each member voted on a matter described by Subsection (a) shall be recorded in the journal of the appropriate house or in the minutes of the appropriate committee. (c) The secretary of the senate or chief clerk of the house of representatives, as applicable, shall promptly: (1) publish each record vote required by this section, including the vote of each individual member, on the public Internet site maintained by or for the appropriate house in a manner that is easily accessible and searchable by members of the public; and (2) maintain that information on the Internet site for at least two years after the date the vote is taken. |
| 81_R | HB 133 (read bill) | Villarreal D-San Antonio | DEAD: Left pending, House Ways & Means, April 1 | public information | oppose | 1 | Relating to mandatory sales price disclosure in real property sales. | Would amend Property Code by adding Chapter 12A, Mandatory Sales Price Disclosure. See list of exemptions from disclosure, including sales of property from one governmental body to another governmental body. Note: SB 444 by Wentworth would amend Chapter 12A by making sales price disclosure mandatory and with no exemptions. |
| 79_R | HB 155 (read bill) | Davis, D-Dallas | DEAD: referred to House Ways & Means and not heard | Business-related | Oppose | 1 | Relating to the application of the sunset review process to certain exemptions from property taxes and state taxes. | Sunsets current state sales and use tax exemptions, including those found in Tax Code 151, the section containing exemptions pertaining directly to the newspaper industry. |
| 80_R | HB 172 (read bill) | Richard Raymond, D-Laredo | DEAD: set on House Calendar for May 10 | public information | Oppose | 2 | Relating to the confidentiality of a family violence victim's identifying information; providing a penalty. | Would amend Code of Criminal Procedure by adding Chapter 57B, Confidentiality of Identifying Information of Family Violence Victims. Allows a victim to use a pseudonym on public documents and creates criminal penalty against governmental body that releases the information to unauthorized persons. |
| 79_R | HB 176 (read bill) | Mowery, R-Fort Worth | DEAD: referred to House Ways & Means and not heard | Business-related | Neutral | 3 | Relating to the imposition of a minimum franchise tax. | Would amend Tax Code 171.002, "Franchise Tax," with changes to tax computation formula. |
| 79_R | HB 188 (read bill) | Peńa, D-Edinburg | DEAD: left pending in House Judiciary | Shield | Support | 1 | Relating to a qualified privilege of a journalist not to testify. | Would amend Civil Practice and Remedies Code by adding section 22.012, "Journalist's Testimonial Privilege." Filed version is compatible with doctrine of "qualified privilege" so that a journalist could be compelled to testify if the information 1) is relevant and material to the proper administration of the official proceeding for which the testimony or production is sought; (2) is essential to the maintenance of a claim or defense of the person seeking the testimony or production; and (3) cannot be obtained from alternate sources. [Texas Daily Newspaper Association and Texas Press Association Legislative Advisory Committee on March 15 voted to support HB 188 and SB 604 by Ellis.][Testified in favor at April 18 hearing.] |
| 81_R | HB 210 (read bill) | Aycock R-Killeen | DEAD: Referred to House State Affairs, Feb. 17 | public information | monitor | 3 | Relating to the confidentiality under the public information law of certain name and address information provided to a governmental body. | Would amend Public Information Act, Government Code Sec. 552.1375, by making confidential the name and physical address of an individual who provides information to a governmental body in connection with a communication to the governmental body or for the purpose of receiving a subsequent communication from the governmental body. [On Feb. 17, the author said he would not proceed with this bill, so the LAC changed its position from 1-oppose to 3-monitor.] |
| 81_R | HB 216 (read bill) | Menendez D-San Antonio Naishtat D-Austin | PASSED: Signed by Governor, June 19, effective Sept. 1, 2009 | public information | monitor | 3 | Relating to licensing and regulation of certain facilities providing personal care to elderly or disabled persons. | The introduced version of the bill, by Menendez, D-San Antonio, and Naishtat, D-Austin, amending Health & Safety Code, contained a Subchapter G, Reporting Resident Deaths, Statistical Information, Sec. 254.151, that would have made a record of a resident's death confidential and not subject to the Public Information Act. When the committee substitute by Rose removed Subchapter G, the LAC position changed from 1-oppose to 3-monitor. |
| 79_R | HB 223 (read bill) | Gattis, R-Georgetown | Companion bill SB 121 PASSED | Public Information | Support | 1 | Relating to a requestor's right of access to investment information. | SAME AS SB 121 by Duncan, R-Lubbock, signed by Governor; earliest effective date June 18, 2005. Would amend Public Information Act by adding Government Code section 552.030, "Right of Access to Investment Information." Requires government offices to grant public access to information they possess relating to their investments; this information would include the name of any fund in which the office is invested, the year the fund was created, the dollar amount committed to the fund and the return on that investment; also requires government offices to disclose the recusal of any governing board member on the basis of his or her investments; requires disclosure of fees, expenses and other compensation assessed against the government office. But a notable weakness in the bill is that it is absent language requiring disclosure of names and detailed information about companies in these investment portfolios. Venture capitalists managing the funds have said they do not want such information made public for competitive and proprietary reasons. [Ken Whalen, Texas Daily Newspaper Association and Texas Press Association, testified in support, March 21] |
| 80_R | HB 228 (read bill) | Allan Ritter, D-Nederland | DEAD: referred to Judiciary, 1/31/07 | public information | Oppose | 2 | Relating to certain identifying information contained in the case file maintained by a county clerk for a decedent, estate. | Would amend Texas Probate Code Chapter 15 by adding language to prevent county clerk from Internet posting of information contained in a decedent, case file, including: residential address and phone number of decedent at time of decedent, death; residential address of decedent, personal representative or a distributee of decedent, estate; phone number of decedent, personal representative or a distributee of decedent, estate; a social security number; or identifying financial information. |
| 79_R | HB 229 (read bill) | Solomons, R-Carrollton | DEAD: voted favorably from House Ways & Means and died in Calendars | Business-related | Oppose | 1 | Relating to the application of the sunset review process to state taxes. | Would amend Tax Code by adding Sec. 325.023, "Evaluation of State Taxes." Sunsets state sales, excise and use taxes, including those in Chapter 151 pertaining to the newspaper industry. |
| 81_R | HB 234 (read bill) | Rodriguez D-Austin | DEAD: Left pending, House Environmental Regulation, March 18 | public notice | support | 2 | Relating to notice and hearing requirements for an application to transfer a municipal solid waste permit. | Would amend Health & Safety Code Sec. 361.088 by adding notice requirement to transfer of municipal solid waste permit. Applicant who wishes to transfer a permit would be required to publish notice of application. See paragraph (d-1). |
| 80_R | HB 255 (read bill) | Todd Smith, R-Bedford | PASSED: see companion SB 129 | public information | Support | 1 | Relating to reporting of gifts of cash or a cash equivalent to public officials. | [Same as HB 72 by Hill, SB 129 by West of Dallas and SB 558 by Ellis.] Amends Ethics Code, Government Code 572.022, by adding Subsection (d) requiring the filer to report the value of a gift. |
| 79_R | HB 269 (read bill) | Keel, R-Austin | PASSED: signed by Governor; earliest effective date June 18, 2005 | Public Information | Neutral | 3 | Relating to the effect of an expunction. | Would amend Code of Criminal Procedure Art. 55.03, "Effect of Expunction," so that a criminal record kept by the Department of Public Safety despite lawful expunction by a court may not be disseminated. |
| 81_R | HB 283 (read bill) | Anchia D-Dallas | DEAD: Left pending, House Elections, April 15 | public information | oppose | 2 | Relating to prohibited deceptive election practices. | Would amend Election Code chapter 61 by adding Subchapter C, DECEPTIVE ELECTION PRACTICES. Paragraph (c) under 61.065, REPORT TO LEGISLATURE, would allow secretary of state to withhold reports of violations "if the secretary determines that the disclosure of that information would unduly interfere with an ongoing investigation." |
| 81_R | HB 293 (read bill) | Dutton D-Houston | DEAD: Left pending, House Criminal Jurisprudence, March 9 | public information | oppose | 1 | Relating to the automatic expunction of criminal records. | Would amend Code of Criminal Procedure Art. 55 so that certain criminal records would be expunged automatically under certain conditions. |
| 81_R | HB 296 (read bill) | Dutton D-Houston | DEAD: Left pending, House Criminal Jurisprudence, March 9 | public information | support | 1 | Relating to the secrecy of grand jury proceedings. | Would amend Code of Criminal Procedure Art. 19 and Art. 20, by limiting the secrecy of grand jury information to the term of the grand jury. |
| 81_R | HB 300 (read bill) | Isett R-Lubbock Hegar R-Katy | DEAD: Died as clock ran out on House floor, May 31-June 1 | public notice | oppose | 1 | Relating to the continuation and functions of the Texas Department of Transportation, including the transfer of certain functions to the Texas Department of Motor Vehicles. [Same as SB 1019 by Hegar] | Would amend Transportation Code. Cuts back on public notice of bids. See p.49, Sec. 223.002, NOTICE OF BIDS. Current law requiring publication of a public notice in a newspaper is stricken. New language says TxDOT shall give notice to interested persons regarding the time and place at which bids on a contract will be opened and the contract awarded, and TxDOT by rule shall determine the most effective method for providing the notice required by this section. |
| 81_R | HB 301 (read bill) | Dutton D-Houston | DEAD: Reported as substituted, House Judiciary & Civil Jurisprudence, April 30 | public information | oppose | 1 | Relating to discovery in a criminal case. [Same as HB 1168 by Dutton and SB 1686 by Hinojosa] | Under SECTION 11, DISCLOSURE TO THIRD PARTIES, neither the attorney representing the state nor the attorney representing the defendant may disclose, without obtaining approval of the trial court, information or witness statements received from the opposing party to any third party, including the defendant, other than to an investigator, expert, or other agent for the attorney representing the state or the attorney representing the defendant, as applicable. Information or witness statements received under this article may not be made available to the public. UNDER SECTION 13, CONFLICT OF LAW, says "To the extent of any conflict, this article prevails over Chapter 552, Government Code." |
| 79_R | HB 305 (read bill) | Goodman, R-Arlington | DEAD: left pending in House State Affairs | Open Meetings | Oppose | 1 | Relating to the prohibition against members of a governmental body meeting in numbers less than a quorum. | Would amend Open Meetings Act, Government Code 551.143, by adding Subsection (c), allowing less than a quorum of members of a governmental body to meet and discuss public business without calling a public meeting. [Doug Toney, New Braunfels Herald-Zeitung, testified in opposition, March 7.] |
| 81_R | HB 314 (read bill) | Raymond D-Laredo | DEAD: Reported as substituted, House Public Safety, April 17 | public information | support | 1 | Relating to the dissemination of criminal history record information by the Department of Public Safety concerning certain intoxication offenses. | Would amend Code of Criminal Procedure Art. 62, SEX OFFENDER REGISTRATION PROGRAM, Government Code Chapter 411, DEPARTMENT OF PUBLIC SAFETY, so criminal history record information that concerns a person’s conviction for an offense under Penal Code Sec. 49.04, DRIVING WHILE INTOXICATED; Sec. 49.045, DRIVING WHILE INTOXICATED WITH A CHILD PASSENGER, driving while intoxicated with a child passenger; Sec. 49.07, INTOXICATION ASSAULT; or Sec. 49.08, INTOXICATION MANSLAUGHTER, is public information, with the exception of any information regarding the person’s SSN, driver's license or telephone number; and any information that would identify the victim of the offense. |
| 79_R | HB 318 (read bill) | Hupp, R-Lampasas | DEAD: passed House; left pending Senate Criminal Justice | Public Information | Oppose | 1 | Relating to the confidentiality of certain records maintained by the Department of Public Safety regarding persons licensed to carry a concealed handgun. | Would amend Government Code 411.192 by striking language that makes it possible for a citizen to find out if another citizen has a concealed handgun permit. [Ken Whalen, Texas Daily Newspaper Association, testified in opposition.] Sen. Bob Deuell, R-Greenville, attached floor amendment to HB 225 by Driver that would have closed off public access to names of permit holders. The amendment was stripped off in conference committee. |
| 81_R | HB 323 (read bill) | Raymond D-Laredo | DEAD: Reported as substituted, House Natural Resources, April 17 | public information | support | 2 | Relating to the establishment of a program for detecting and giving notice of an unauthorized discharge of industrial, municipal or other waste into any water in the state. | Would amend Water Code by adding Sec. 26.0425, UNAUTHORIZED DISCHARGE DETECTION AND NOTIFICATION PROGRAM. Requires creation of records that would benefit public. |
| 79_R | HB 345 (read bill) | Solomons, R-Carrollton | PASSED: signed by Governor; earliest effective date June 17, 2005 | Public Information | Oppose | 2 | Relating to the disclosure of certain information provided on a voter registration application. | Would amend Election Code 13.004 so that date of birth on a voter registration would no longer be considered public information. [Doug Toney, New Braunfels Herald-Zeitung, submitted witness affirmation in opposition.] |
| 80_R | HB 346 (read bill) | Dan Flynn, R-Canton; coauthor Zedler | DEAD: referred to Senate Education, 4/12/07 | public information | Oppose | 3 | Relating to random testing of certain public school students for steroid use. | Would amend Education Code Sec. 31 to allow random steroid testing. Bill lacks provision allowing for release of statistical data that would be beneficial to the public. |
| 80_R | HB 364 (read bill) | Delwin Jones, R-Lubbock | DEAD: withdrawn by author, 4/13/07 | open meetings | Oppose | 1 | Relating to authority to conduct a closed meeting to discuss certain personnel matters involving a municipal advisory body. | Would amend Open Meetings Act, Government Code Sec. 551.0745, Personnel Matters Affecting County or Municipal Advisory Body; Closed Meeting. Adds governing body of a municipality to exception that presently applies just to counties. |
| 81_R | HB 372 (read bill) | Jackson R-Carrollton | DEAD: Left pending, House Business & Industry, March 16 | public information | monitor | 3 | Relating to the meetings and records of certain property owners’ associations. | SECTION 3, p.4, line 5, repealing Property Code Sec. 209.005. Says a property owners association shall make books and records of the association, including financial records, reasonably available to an owner in accordance with Sec. B, Art. 2.23, Texas Non-Profit Corporation Act. |
| 79_R | HB 377 (read bill) | Talton, R-Pasadena | DEAD: left pending in Senate State Affairs | Public Information | Oppose | 1 | Relating to the disclosure of certain information from an early voting roster; providing a penalty. | Would amend Election Code 87.121(f) so that the list of names and addresses of people to whom an early voting mail ballot has been sent would no longer be public information. Also makes it a Class C misdemeanor to release. [Doug Toney, New Braunfels Herald-Zeitung, testified in opposition.] |
| 80_R | HB 382 (read bill) | Aaron Pe?±a, D-Edinburg | DEAD: referred to Judiciary committee, 2/1/07 | shield | Support | 1 | Relating to a journalist's testimonial privilege. | Would amend Civil Practice and Remedies Code by adding Sec. 22.012, Journalist's Testimonial Privilege. Filed version is compatible with doctrine of "qualified privilege" such that a journalist may be compelled to testify under subpoena if the information 1) is relevant and material to the proper administration of the official proceeding for which the testimony or production is sought; (2) is essential to the maintenance of a claim or defense of the person seeking the testimony or production; and (3) cannot be obtained from alternate sources. |
| 81_R | HB 398 (read bill) | Ortiz Jr. D-Corpus Christi | DEAD: Not heard, House Technology/Economic Dev/Workforce, April 6 | open meetings | support | 1 | Relating to special event trust funds used to promote major athletic, motor sports racing and other special events in this state. | Would amend Title 12, Local Government Code, by adding Subtitle D, Special Event Trust Funds. Sec. 521.005 beginning on p.5, regarding application of open meetings and open records laws, strikethrough language on pp. 5-6, makes a meeting of a subcommittee of the governing body of a local organizing committee subject to the Open Meetings Act. |
| 80_R | HB 402 (read bill) | Fred Hill, R-Richardson | PASSED: signed by governor, earliest effective date 9/1/07 | open meetings | Support | 1 | Relating to a criminal violation of the open meetings law committed by a member of an appraisal district board of directors and to a prohibition on certain communications between the chief executive officer or a member of the governing body of a taxing uni | Amends Texas Open Meetings Act, Government Code 551.143 and 551.144, by setting criminal penalties for violations of the Open Meetings Act. Also would amend Tax Code by adding Sec. 6.15 titled Ex Parte Communications; Penalty. |
| 81_R | HB 402 (read bill) | Woolley R-Houston | DEAD: Referred to House Land & Resource Management, Feb. 18 | open meetings | monitor | 3 | Relating to the use of eminent domain authority. [Same as HB 1483 by Pitts] | Would amend Government Code Chapter 2206, Eminent Domain, SUBCHAPTER C. PROCEDURES REQUIRED TO INITIATE EMINENT DOMAIN PROCEEDINGS. Sec. 2206.103, VOTE ON USE OF EMINENT DOMAIN. Says, "(a) Before a governmental entity initiates a condemnation proceeding by filing a petition under Section 21.012, Property Code, the governmental entity must authorize the initiation of the condemnation proceedings at a public meeting by a record vote." Also See paragraph (g) on p.6, which says: An ordinance, resolution, or order adopted under Subsection (f) is not required to identify specific properties that the governmental entity will acquire. The ordinance, resolution, or order must identify the general area to be covered by the project or the general route that will be used by the governmental entity for the project in a way that provides property owners in and around the area or along the route reasonable notice that the owners’ properties may be subject to condemnation proceedings during the planning or construction of the project. Also, repeals Public Information Act 552.0037, titled "Certain Entities Authorized to Take Property Through Eminent Domain." This section currently makes entities that are not governmental bodies subject to the Public Information Act if information they have collected, assembled or maintained relates to the taking of private property through the use of eminent domain. |
| 79_R | HB 413 (read bill) | Turner, D-Houston | PASSED: signed by Governor; earliest effective date Sept. 1, 2005 | Public Information | Neutral | 3 | Relating to the manner of providing notice of a petition or order for the expunction or nondisclosure of certain criminal records. | SAME AS SB 916 by Gallegos. Would amend Government Code 411.081, so that dissemination of notice of hearing on expunction order may be by hand-delivery, fax or electronic mail. |
| 80_R | HB 414 (read bill) | Rob Eissler, R-The Woodlands | DEAD: referred to Public Health, 2/1/07 | public information | Oppose | 1 | Relating to the removal of certain violations from a physician's medical board profile. | Would amend Occupations Code 154.006 by adding (g-1) instructing the board of medical examiners to remove any record of a disciplinary action for a violation determined under Section 164.001(j) to be an administrative violation if the violation occurred more than five years before the date of the annual update. |
| 79_R | HB 415 (read bill) | Baxter, R-Austin | DEAD: left pending in House Public Education | Public Information | Support | 1 | Relating to the required public notice of the name of each finalist for the position of superintendent of a public school district. | Would amend Public Information Act, Government Code Sec. 552.126, "Exception: Name of Applicant for Superintendent of Public School District." Requires board of trustees to give public notice of name or names of finalists being considered for position at least 21 days before date of meeting at which final action or vote is to be taken on employment of the person. Defines "finalist" as an applicant the board of trustees interviewed two or more times. |
| 80_R | HB 420 (read bill) | Marc Veasey, D-Fort Worth | DEAD: left pending in Public Health, 3/7/07 | public information | Neutral | 3 | Relating to fetal and infant mortality review and health warnings related to fetal and infant mortality; imposing a penalty. | [Same as SB 143 by West of Dallas.] Would amend Health & Safety Code Sec. 1. Subtitle A, Title 8, by adding Chapter 674, Fetal and Infant Mortality Review. Closes off meetings to the public and restricts disclosure of information. |
| 81_R | HB 421 (read bill) | Dukes D-Austin | DEAD: Left pending, House Business & Industry, March 17 | public notice | monitor | 3 | Relating to a mortgage servicer’s notice of sale to a debtor and the debtor’s subsequent notice to tenant. [Same as SB 439 by Ellis] | SECTION 3 of the bill would amend Property Code by adding Sec. 51.0022, NOTICE OF SALE TO TENANT. Would extend notice time from 21 days to 60 days. Says that not later than the seventh day after the date a debtor receives a notice of sale of the property, the debtor shall serve a copy of the notice on each tenant of the property by any one of the following (1) personal delivery to the tenant; (2) certified mail, return receipt requested, to the tenant; or (3) leaving the notice inside the dwelling. Staff will work with author to seek inclusion of public notice via newspaper. Milton Morin, Daily Court Review, Houston, testified in support. |
| 79_R | HB 433 (read bill) | Dutton, D-Houston | DEAD: reported from House Government Reform and died in Calendars | Public Information | Oppose | 1 | Relating to restrictions on the disclosure of certain criminal history records and to the duty of law enforcement agencies regarding records associated with certain defendants; creating an offense. | Would amend Code of Criminal Procedure Art. 55 by restricting disclosure of information and creating penalties for unauthorized release. [Donnis Baggett, chair, Texas Daily Newspaper Association and Texas Press Association Legislative Advisory Committee, testified in opposition, 14 Feb.] |
| 81_R | HB 433 (read bill) | Lucio III D-Rancho Viejo | DEAD: Withdrawn from May 12 House Local Calendar | open meetings | support | 2 | Relating to the procedures for acting on applications for certain permits under the Solid Waste Disposal Act. | Would amend Health & Safety Code chapter 361 by requiring a public hearing to be conducted when a solid waste disposal site is proposed. Requires Texas Commission on Environmental Quality to publish in a newspaper the public notice of the hearing. The newspaper must be generally circulated in each county in which the property proposed for development is located. |
| 79_R | HB 435 (read bill) | Dutton, D-Houston | DEAD: referred to House Criminal Jurisprudence and not heard | Public Information | Oppose | 1 | Relating to the automatic expunction of criminal records. | Would amend Code of Criminal Procedure Art. 44 by specifying conditions for automatic expunction of felony and misdemeanor arrests. |
| 80_R | HB 455 (read bill) | Eddie Rodriguez, D-Austin | PASSED: signed by governor; earliest effective date 9/1/07 | public information | Oppose | 3 | Relating to the confidentiality of certain personal information that pertains to certain officers and employees of a community supervision and corrections department. | Amends Public Information Act, Government Code 552.117(a), by excepting the home address, home telephone number, or social security number of certain public officials, to include an officer or employee of a community supervision and corrections department. |
| 79_R | HB 457 (read bill) | Dutton, D-Houston | DEAD: left pending in House State Affairs | Public Information | Oppose | 1 | Relating to access to certain law enforcement and prosecutorial records under the public information law. | Would amend Public Information Act, Government Code Sec. 552.108, "Exception: Certain Law Enforcement and Prosecutorial Information." Strikes language related to conditions under which information can be disclosed. Adds new paragraph (j): "Information relating to a threat against a peace officer that is collected or disseminated under this section is excepted from required disclosure under the public information law, Chapter 552." |
| 79_R | HB 462 (read bill) | Dutton, D-Houston | DEAD: referred to House Criminal Jurisprudence and not heard | Judicial information | Support | 1 | Relating to the secrecy of grand jury proceedings. | Would amend Code of Criminal Procedure Art. 19.34, "Oath of Grand Jurors." Makes grand jury testimony secret only during term of the grand jury, including a term during which a grand jury has been extended. |
| 81_R | HB 472 (read bill) | Hilderbran R-Kerrville | PASSED: Signed by Governor May 27; earliest effective date Sept. 1, 2009 | public notice | monitor | 3 | Relating to the requirements regarding reporting by a common carrier or pipeline owner or operator of contamination. [Same as SB 1907 by Hinojosa] | Introduced version of the bill would have amended Natural Resource Code by establishing a mechanism to notify a landowner of petroleum leak/spill/contamination. The LAC opposed the introduced version because the bill lacked any provision for a published notice of an environmental issue. The committee substitute removes language pertaining to notice, so our position on the bill is downgraded to 3-monitor. |
| 79_R | HB 476 (read bill) | Rose, D-Austin | DEAD: withdrawn by author in House Elections subcmte on Campaign Finance | Public Information | Support | 1 | Relating to the filing of financial statements by policy board members of metropolitan planning organizations; providing criminal penalties. | Would amend Transportation Code Sec. 472, "Metropolitan Planning Organizatons" by requiring board members of metropolitan planning organizations to file a personal financial statement with Texas Ethics Commission. Failure to file would be Class B misdemeanor. |
| 81_R | HB 478 (read bill) | Heflin D-Hale Center | DEAD: Reported as substituted, House Elections, May 11 | First Amendment | oppose | 1 | Relating to political advertising. | Would amend Election Code ethics chapter in various ways, including the addition of Sec. 255.010, USE OF ALTERED OR DISTORTED PHOTOGRAPH IN POLITICAL ADVERTISING PROHIBITED. Says a candidate or political committee may not knowingly publish, broadcast, distribute, or contract for the publication, broadcast, or distribution of political advertising that contains a photograph of the candidate’s opponent or of a candidate the committee opposes that has been altered or distorted in a manner that a reasonable person would find to be unflattering or uncomplimentary." |
| 81_R | HB 481 (read bill) | Veasey D-Fort Worth | DEAD: Referred to House State Affairs, Feb. 18 | public information | support | 2 | Relating to an open document format for electronic state documents. | Would amend Government Code 2054, INFORMATION RESOURCES. Requires state agencies to consider the need for public access to electronic documents. Also requires that documents not be changed to a format "used by only one vendor." |
| 80_R | HB 498 (read bill) | Jerry Madden, R-Plano | DEAD: reported favorably from House Elections, 5/1/07 | public information | Oppose | 3 | Relating to the confidentiality of home address information of certain federal judges and their spouses. | Would amend Election Code by exempting personal information identifying various types of federal judges from the Public Information Act. |
| 81_R | HB 547 (read bill) | Raymond D-Laredo | DEAD: Left pending, House Judiciary & Civil Jurisprudence, April 27 | public information | monitor | 3 | Relating to certain civil actions against persons who file complaints with governmental agencies or quasi-governmental entities. | Would amend Civil Practice and Remedies Code by adding CHAPTER 140. CIVIL ACTIONS AGAINST PERSONS FILING COMPLAINTS WITH GOVERNMENTAL AGENCIES OR QUASI-GOVERNMENTAL ENTITIES. Contains confidentiality and libel/slander provisions. |
| 81_R | HB 553 (read bill) | Madden R-Richardson | DEAD: Referred to House Corrections, Feb. 18 | public information | oppose | 2 | Relating to the establishment of the office of criminal and juvenile justice ombudsman. | Would amend Government Code by adding Chapter 502, OFFICE OF CRIMINAL AND JUVENILE JUSTICE OMBUDSMAN. Confidentiality, public availability provisions in Sec. 502.055, 502.056 and 502.057. |
| 81_R | HB 557 (read bill) | Hernandez D-Houston | DEAD: Left pending, House Environmental Regulation, April 1 | public information | support | 2 | Relating to the establishment of an air pollutant watch list and associated reports for the purpose of controlling the emissions of air contaminants under the Texas Clean Air Act. | SECTION 2 proposes to amend the Health & Safety Code by creating an air pollutant watch list. Paragraph (b) says the TCEQ shall publish notice of and allow public comment on: (1) an addition of an air contaminant to or removal of an air contaminant from the air pollutant watch list; or (2) an addition of an area to or removal of an area from the air pollutant watch list. |
| 81_R | HB 559 (read bill) | Hernandez D-Houston | PASSED: Signed by Governor, June 19; effective Sept. 1, 2009 | public information | oppose | 1 | Relating to the nondisclosure of certain personal information in voter registration records and concealed handgun license records that relates to a justice of the peace. | Would amend Election Code Sec. 13.0021(a)(2) by adding justices of the peace to list of public employees whose personal information contained in voter registration records and concealed handgun license records is confidential under law. House Research Organization bill analysis excerpt: "Current law allows voter registration records, appraisal records, and other county records to be confidential if they contain the address information of certain groups of individuals whose personal safety could be jeopardized if their home addresses became easily available as a public record. The law protects peace officers, county jailers, employees of the Texas Department of Criminal Justice, commissioned security officers, and certain victims of family violence. H.B. 41, enacted by the 80th Legislature, Regular Session, 2007, extended such protections to county and federal judges as well as state legislators within Texas. C.S.H.B. 559 extends some of these protections to justices of the peace." |
| 79_R | HB 563 (read bill) | Deshotel, D-Port Arthur | DEAD: referred to House Regulated Industries and not heard | Public Information | Support | 2 | Relating to disbursements from the Universal Service Fund. | Would amend Utilities Code 56.024 so that disbursements from Universal Service Fund would be public information. |
| 80_R | HB 569 (read bill) | Veronica Gonzales, D-McAllen | PASSED: see companion SB 74 | public information | Oppose | 2 | Relating to the creation of an address confidentiality program to assist victims of family violence, sexual assault, or stalking in maintaining confidential addresses. | [Same as SB 74 by Lucio.] Amends Code of Criminal Procedure by adding Subchapter C, Address Confidentiality Program for Victims of Family Violence, Sexual Assault, or Stalking. Substantial protections are already in statute under Public Information Act 552.138, Family Violence Shelter Center and Sexual Assault Program Information. |
| 81_R | HB 569 (read bill) | Miller R-Stephenville | DEAD: Set on May 14 House Calendar | public notice | support | 2 | Relating to notice of an application for a permit to dispose of oil and gas waste in a commercial disposal well. | Would amend Water Code chapter 27. Paragraph (3) requires a permit applicant to publish notice of the application in (A) a newspaper of general circulation in the county in which the well is proposed to be located; and (B) the newspaper that is published in closest proximity to the proposed site of the well. |
| 80_R | HB 581 (read bill) | Joe Deshotel, D-Beaumont | PASSED: signed by governor; earliest effective date 6/15/07 | business-related | Support | 1 | Relating to exempting from certain employment restrictions the employment of certain children engaged in the direct sale of newspapers to the general public. | Amends Labor Code 51.003 by adding paragraph (7) changing minimum age of newspaper sellers from 18 to to 16. |
| 80_R | HB 597 (read bill) | Ryan Guillen, D-San Diego | DEAD: left pending in Juvenile Justice & Family Issues, 4/18/07 | public information | Oppose | 2 | Relating to the creation of an address confidentiality program to assist victims of family violence or stalking in maintaining confidential addresses. | Would amend Code of Criminal Procedure 56 by adding Subchapter C, Address Confidentiality Program for Victims of Family Violence or Stalking. Substantial protections are already in statute under Public Information Act 552.138. See similar bills, HB 172 by Raymond and HB 569 by Gonzales and SB 74 by Lucio. |
| 81_R | HB 619 (read bill) | Leibowitz D-San Antonio | DEAD: Referred to House Border & Intergovernmental Affairs, Feb. 18 | public notice | support | 2 | Relating to state acknowledgment of Native American tribes. | Would amend Government Code by adding chapter 463, STATE ACKNOWLEDGMENT OF NATIVE AMERICAN TRIBES. Would add public notice. See SUBCHAPTER E., NOTICE AND PUBLISHING REQUIREMENTS, beginning on p.15. |
| 81_R | HB 628 (read bill) | Anchia D-Dallas | DEAD: Left pending, House Judiciary & Civil Jurisprudence, March 23 | public information | support | 2 | Relating to the establishment of a human trafficking prevention task force and the creation of a trafficking victim database. | Would amend Government Code by adding Sec. 402.0282, TRAFFICKING VICTIM DATABASE. Requires attorney general to produce a biennial statistical report and post it to the AG web site. At top of p.3 see "This subsection may not be construed to enable direct access by a person to information analyzed by the attorney general under this section if the person does not otherwise have direct access to that information." |
| 79_R | HB 634 (read bill) | Baxter, R-Austin | Companion bill SB 286 PASSED | Public Information, Open Meetings | Support | 1 | Relating to requiring public officials to receive training in the requirements of the open meetings and public information laws. | SAME AS SB 286 by Wentworth, signed by Governor; earliest effective date Jan. 1, 2006. Would amend Open Meetings Act by adding 551.005 and Public Information Act by adding 552.012, requiring all public officials to receive training on mechanics and intent of Texas open government laws. The Office of the Attorney General will provide a training video so officials can receive training in their locale. A certificate will be awarded to those who complete the training. This certificate may not be used in a legal proceeding as evidence of mindful wrongdoing. Amended language makes training a "one-shot deal" rather than periodic. [David Lowery, Austin American-Statesman, and Wanda Garner Cash, Baytown Sun, testifed in support, Feb. 21] |
| 80_R | HB 640 (read bill) | Bryan Hughes, R-Marshall | DEAD: left pending in Government Reform, 2/26/07 | public notice | Support | 1 | Relating to the online posting of expenditures by state agencies. | Would amend Government Code 2054.126 by adding Subsection (f) requiring each state agency that maintains an Internet site to post all expenditures made by the agency. The posting must include the purpose for which each expenditure is made. |
| 81_R | HB 640 (read bill) | Zerwas R-Houston | DEAD: Referred to Senate Criminal Justice, May 14 | public information | oppose | 2 | Relating to personnel records of a deputy sheriff in certain counties. | Would amend Local Government Code by adding Section 157.905, PERSONNEL RECORDS OF DEPUTY SHERIFF IN CERTAIN COUNTIES. Applies only to a sheriff’s department in a county with a population of 300,000 or more. Says "Notwithstanding Chapter 552, Government Code, the personnel records of a sheriff’s deputy appointed under Section 85.003 may not be disclosed or otherwise made available to the public, except the sheriff’s department shall release [list of releasable information]. [Sec. 85.003 concerns appointment of sheriff's deputies.] |
| 81_R | HB 649 (read bill) | Davis D-Dallas | DEAD: Reported favorably as amended, House Ways & Means, April 27 | public information | oppose | 1 | Relating to a prohibition on the posting of certain tax appraisal record information on the Internet. | Would amend Tax Code by adding Sec. 25.028, AUTHORITY TO PROHIBIT POSTING OF CERTAIN APPRAISAL RECORD INFORMATION ON INTERNET. Allows a property owner to opt out of online disclosure of their name. |
| 80_R | HB 666 (read bill) | Elliott Naishtat, D-Austin | DEAD: left pending in State Affairs, 3/5/07 | public information | Support | 1 | Relating to requiring a record vote by each house or committee of the legislature on bills, proposed constitutional amendments, amendments to bills and proposed constitutional amendments, and certain other actions and to public notice of the record vote. | [Same as SB 102 by Carona.] Would amend Government Code by adding Sec. 301.035 requiring a record vote on all bills and other measures, so that a vote taken by a house or committee of the legislature must be by record vote if the vote is on: (1) approval or disapproval of a bill or an amendment or substitute to a bill; (2) approval or disapproval of a joint resolution proposing or ratifying a constitutional amendment or an amendment or substitute to such a joint resolution; (3) the appointment or election of a legislative officer or other public official; or (4) the confirmation of an appointment or nomination to public office. (b) How each member voted on a matter described by Subsection (a) shall be recorded in the journal of the appropriate house or in the minutes of the appropriate committee. (c) The secretary of the senate or chief clerk of the house of representatives, as applicable, shall promptly: (1) publish each record vote required by this section, including the vote of each individual member, on the public Internet site maintained by or for the appropriate house in a manner that is easily accessible and searchable by members of the public; and (2) maintain that information on the Internet site for at least two years after the date the vote is taken. |
| 81_R | HB 670 (read bill) | Martinez-Fischer D-San Antonio | PASSED: Signed by Governor, May 13: new law effective immediately | Free Flow | support | 1 | Relating to a qualified privilege of a journalist not to testify. [Same as CSSB 915 by Ellis] | Would amend Civil Practice and Remedies Code Chapter 22 by adding Subchapter C, JOURNALIST’S QUALIFIED TESTIMONIAL PRIVILEGE. The purpose of this subchapter is to increase the free flow of information and preserve a free and active press and, at the same time, protect the right of the public to effective law enforcement and the fair administration of justice. Link to Senate Research Center bill analysis: http://www.legis.state.tx.us/tlodocs/81R/analysis/pdf/HB00670S.pdf |
| 80_R | HB 672 (read bill) | David Swinford, R-Amarillo | PASSED: see companion SB 192 | public information | Oppose | 2 | Relating to the Texas Mutual Insurance Company and the application of certain statutes to the Texas Mutual Insurance Company. | [Same as SB 192 by Brimer.] Amends Insurance Code 2054, making the Public Information Act inapplicable to the Texas Mutual Insurance Company. |
| 81_R | HB 732 (read bill) | Hartnett R-Dallas | PASSED: Signed by Governor, June 19, effective Sept. 1, 2009 | public information | oppose | 1 | Relating to the removal of certain information from a physician’s medical board profile. | Would amend Occupations Code Sec. 154.006 by adding Subsection (g-1) so that in the annual update of a physician’s profile, the Board of Medical Examiners shall remove any record of a claim or complaint against the physician if the claim or complaint was dismissed more than three years before the date of the update. |
| 80_R | HB 678 (read bill) | Yvonne Davis, D-Dallas | DEAD: left pending in Public Health, 3/14/07 | public information | Neutral | 3 | Relating to infection rates at health-care facilities. | Would amend Health & Safety Code Sec. 99 so that healthcare-associated infection rates would be public information. |
| 80_R | HB 680 (read bill) | David Swinford, R-Amarillo | PASSED: signed by governor; earliest effective date 6/15/07 | public notice | Oppose | 3 | Relating to the sale of certain small municipal parks. | [Same as SB 525 by Seliger.] Amends Local Government Code 253.001 by exempting from public notice and bidding requirements the sale of park land that is: (1) owned by a home-rule municipality with a population of less than 100,000; (2) one-third acre or less; (3) part of a park that is five acres or less; and (4) sold or conveyed as a sale to the owner of adjoining property as provided by a resolution or ordinance that has an effective date before Dec. 31, 2007. |
| 79_R | HB 680 (read bill) | Gattis, R-Georgetown | DEAD: left pending in House Environmental Regulation | Public Notice, FYI | Neutral | 3 | Relating to procedures for providing notice of intent to obtain certain permits issued by the Texas Commission on Environmental Quality. | SAME AS SB 457 by Fraser. Would amend four sections of Water Code so that public notice may not be published on a legal state or national holiday or on a weekend if the weekend is preceded or followed by a legal state or national holiday. |
| 79_R | HB 683 (read bill) | Solis, D-Harlingen | DEAD: referred to House Public Health and not heard | Open Meetings | Oppose | 2 | Relating to allowing the Texas State Board of Physician Assistant Examiners to hold telephonic hearings. | Would amend Open Meetings Act so that this state agency would be allowed to meet via telephone. |
| 79_R | HB 697 (read bill) | Dutton, D-Houston | DEAD: referred to House Criminal Jurisprudence and not heard | Public Information | Oppose | 1 | Relating to a person's eligibility to apply for an order of nondisclosure with respect to certain criminal history records. | Would amend Government Code 411.081(d) relating to payment of fee for expungement of criminal record. |
| 80_R | HB 699 (read bill) | Sylvester Turner, D-Houston | PASSED: see companion SB 596 | public information | Oppose | 1 | Relating to the confidentiality of certain information involving real estate transactions of the School Land Board, Veterans' Land Board, General Land Office, or land commissioner. | [Same as SB 596 by Wentworth.] Amends Natural Resources Code Sec. 11.086 by making confidential information regarding the sale or purchase price of real property under development by these state agencies until all deeds are executed and all contracts satisfied. |
| 81_R | HB 757 (read bill) | Martinez-Fischer D-San Antonio | DEAD: Referred to House Public Health, Feb. 23 | public information | support | 1 | Relating to public access to certain information and materials. | Would repeal various health care profession confidentiality provisions in the Occupations Code and would give the public access to hospital complaint information. |
| 80_R | HB 761 (read bill) | Harold Dutton, D-Houston | DEAD: referred to Criminal Jurisprudence, 2/7/07 | public information | Oppose | 1 | Relating to a person's eligibility to apply for an order of nondisclosure with respect to certain criminal history records. | Would amend Government Code chapter 411 by making it possible to expunge misdemeanor deferred adjudication criminal records immediately after discharge and dismissal. |
| 80_R | HB 765 (read bill) | Harold Dutton, D-Houston | DEAD: referred to Criminal Jurisprudence, 2/7/07 | public information | Oppose | 1 | Relating to restrictions on the disclosure of certain criminal history records and to the duty of law enforcement agencies regarding records associated with certain defendants; creating an offense. | Would amend Penal Code by adding Sec. 39.07, Prohibited Compilation or Dissemination of Criminal History Record Information. Changes law so a person commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, the person compiles or disseminates criminal history record information that the person knows is the subject of an order of nondisclosure under Government Code Sec. 411.081. (b) An offense under this section is a Class A misdemeanor. (c) It is a defense to prosecution under this section that the person compiled or disseminated the information for a purpose described by Government Code Sec. 411.083(a) or (b)(1), (2), or (3), or another purpose specifically authorized by law. |
| 80_R | HB 767 (read bill) | Harold Dutton, D-Houston | DEAD: voted favorably as substituted from State Affairs, 4/26/07 | public information | Oppose | 1 | Relating to access to certain law enforcement, corrections and prosecutorial records under the public information law. | Would amend Public Information Act, Government Code Sec. 552.108, the exception for certain law enforcement and prosecutorial information. Makes information confidential if release would "unduly" interfere with the detection, investigation or prosecution of crime. [See Holmes v. Morales, 924 S.W.2d 920 (Tex. 1996).] Also would amend Government Code 411.048 by adding Subsection (j) to read as follows: (j) Information relating to a threat against a peace officer or detention officer that is collected or disseminated under this section is excepted from required disclosure under the public information law, Chapter 552. |
| 81_R | HB 772 (read bill) | Howard D-Austin | PASSED: Signed by Governor May 27; earliest effective date Sept. 1, 2009 | open meetings | support | 2 | Relating to Internet broadcasts of open meetings held by the State Board of Education. | Would amend Education Code by creating a requirement that State Board of Education's quarterly meetings and other meetings called by the chair be broadcast via the Internet in compliance with the Texas Open Meetings Act. The agency must provide a live webcast including video and audio of its meetings and maintain an archive of past meetings on the Texas Education Agency website. |
| 81_R | HB 778 (read bill) | Miller R-Stephenville | DEAD: Left pending, House Elections, April 15 | public information | oppose | 1 | Relating to the prosecution by the attorney general of campaign finance offenses alleged to have been committed in connection with a state office or an election on a constitutional amendment. | Would amend Government Code Chapter 402, PROSECUTION OF CERTAIN CAMPAIGN FINANCE OFFENSES. See (b) under 402.103, COOPERATION OF STATE AGENCIES AND LOCAL LAW ENFORCEMENT AGENCIES, which says "information disclosed under this section is confidential and not subject to disclosure under Chapter 552." |
| 79_R | HB 789 (read bill) | King, R-Weatherford | DEAD: House refused to concur in Senate amendments | Public Information | Neutral | 3 | Relating to telecommunications. | Would amend Utilities Code Sec. 58.059 by striking language requiring public notice of possible rate change. [Ken Whalen, Texas Daily Newspaper Association, on Feb. 22 talked with author and author agreed to amend bill so that language requiring public notice would not be removed.] |
| 80_R | HB 799 (read bill) | Harold Dutton, D-Houston | DEAD: referred to Criminal Jurisprudence, 2/7/07 | public information | Oppose | 1 | Relating to the automatic expunction of criminal records. | Would amend Code of Criminal Procedure Art. 55.01(a) by expanding a person's entitlement to expunction of their criminal record if a complaint charging the person with commission of an offense [a felony] has not been presented against the person for an offense arising out of the transaction for which the person was arrested before the second anniversary of the date of the arrest. |
| 80_R | HB 800 (read bill) | Harold Dutton, D-Houston | DEAD: set on House Calendar, 5/9/07 | public information | Oppose | 1 | Relating to permitting certain persons placed on deferred adjudication to seek an expunction of arrest records and files. | [Same as HB 1145 by Turner.] Would amend Code of Criminal Procedure Art. 55.01(b) so that a district court may expunge all records and files relating to the arrest of a person who has been arrested for commission of a felony or misdemeanor under the procedure established under Article 55.02 of this code if the person is: (1) tried for the offense for which the person was arrested, [; [(2)] convicted of the offense,[;] and [(3)] acquitted by the court of criminal appeals; or (2) placed on deferred adjudication community supervision for the offense for which the person was arrested, if the judge, under Section 5, Art. 42.12, subsequently discharges the person and dismisses the proceedings. |
| 80_R | HB 805 (read bill) | Harold Dutton, D-Houston | DEAD: referred to Criminal Jurisprudence, 2/7/07 | public information | Support | 1 | Relating to the secrecy of grand jury proceedings. | Would amend Code of Criminal Procedure articles 19 and 20 in various places so that grand jury information is confidential only for the term of the grand jury. |
| 80_R | HB 836 (read bill) | Yvonne Davis, D-Dallas | DEAD: referred to State Affairs, 2/7/07 | public information | Oppose | 1 | Relating to excepting the birth date of a governmental official or employee and certain other information that could be used for the purpose of identity theft from required disclosure under the public information law. | Would amend the Public Information Act by adding Government Code Sec. 552.148 titled Exception: Birth Date and Other Identifying Information of Governmental Official or Employee. Changes law so birth date of a current or former official or employee of a governmental body and any other information about such a person that in reasonable probability could be used for the purpose of identity theft is excepted from the Act. |
| 80_R | HB 842 (read bill) | Richard Raymond, D-Laredo | PASSED: signed by governor; earliest effective date 6/15/07 | public information | Oppose | 2 | Relating to public access to personal financial statements filed by judges and justices. | Amends Government Code Sec. 572.032 by adding Subsection (a-1) requiring removal of the home address of a judge or justice from a filed financial statement. |
| 79_R | HB 843 (read bill) | Truitt, R-Southlake | PASSED: signed by Governor; earliest effective date June 18, 2005 | Open Meetings, Public Notice | Support | 2 | Relating to the authority of certain counties to regulate wireless communication facilities in certain circumstances; providing a penalty. | Would amend Local Government Code Sec. 240.084, "Filing Requirements Regarding Construction," by requiring notice of public hearing before construction can commence. [Submitted witness affirmation in support, March 22.] |
| 79_R | HB 867 (read bill) | Allen, R-Grand Prairie | PASSED: signed by Governor; earliest effective date Sept. 1, 2005 | Public Information | Oppose | 1 | Relating to the registration and supervision of sex offenders; providing penalties. | Would amend Code of Criminal Procedure Art. 62 by eliminating current requirement that local law enforcement authorities publish newspapernotices about certain registered sex offenders. Local lawenforcement authorities would have authority to publish newspapernotices about registered sex offenders at their discretion. |
| 79_R | HB 879 (read bill) | Madden, R-Plano | DEAD: Point of order sustained under House rules | Public Information | Support | 2 | Relating to the sale of tax receivables by a local government. | SAME AS SB 447 by Janek. Would amend Local Government Code by adding chapter 274, "Sale of Tax Receivables," allowing sale of delinquent tax receivables to private entities through competitive bidding process. [Submitted witness affirmation in support, March 9.] [Point of order sustained under Rule 4, Sections 18, 20 and 32 in that the committee report is not properly prepared.] |
| 80_R | HB 895 (read bill) | Robert Puente, D-San Antonio | DEAD: referred to Law Enforcement, 2/8/07 | public information | Oppose | 1 | Relating to accident report forms prepared by the Department of Public Safety and the release of information included on an accident report. | Would amend Transportation Code 550.064 by adding Subsection (c) preventing the DPS from disclosing from an accident report the telephone number of a person involved in an accident. Also amends Transportation Code 550.065, Motor Vehicle Accident Reports, so that before the 31st day after the date of a motor vehicle accident, the DPS or a governmental entity may release information that relates to the accident only to: certain governmental entities or to a person involved in the accident or the person's parent, sibling, or spouse. |
| 80_R | HB 901 (read bill) | Bill Zedler, R-Arlington | DEAD: left pending in Business & Industry, 2/27/07 | business-related | Oppose | 1 | Relating to a list of consumers who object to receiving by mail certain solicitations. | Would amend Business and Commerce Code Chapter 35 by adding Subchapter L, Mailing of Certain Solicitations to Consumers on List Prohibited. Attorney general would establish a database of Texas residents who have opted not to receive such mailings, such as newspaper subscription cards. |
| 80_R | HB 911 (read bill) | Bill Callegari, R-Houston | DEAD: reported as substituted from Natural Resources, 5/4/07 | open meetings | Oppose | 3 | Relating to the requirements for interbasin water transfers. | Would amend Water Code Chapter 11 by making public hearings optional. Amended version reinstates requirement for public hearings. |
| 81_R | HB 914 (read bill) | Dutton D-Houston | DEAD: Left pending, House Judiciary & Civil Jurisprudence, April 15 | public information | monitor | 3 | Relating to certain personal information contained in a decree of dissolution of a marriage or an order in a suit affecting the parent-child relationship. [Same as SB 478 by Carona] | Would amend Family Code by adding Section 6.712, PERSONAL INFORMATION IN DECREE. Personal information includes an individual’s social security number, bank account number and similar financial information; and the name and birth date of each child. Also requires creation of a "confidential data page." |
| 80_R | HB 929 (read bill) | Tony Goolsby, R-Dallas | DEAD: not heard in Ways & Means, withdrawn from schedule, 3/21/07 | public information | Support | 2 | Relating to posting delinquent state taxpayer information on the comptroller's Internet site. | Would amend Tax Code by adding Sec. 111.065, Internet Posting of Delinquent Taxpayer Information. Requires posting on state Comptroller's web site information on each person who owes an amount of taxes to the state: (1) that exceeds $25,000; (2) that has been past due for 90 days or more after the date on which a determination becomes final under Sec. 111.0081 or 111.022; and (3) for which all appeals have expired, including a redetermination under Sec. 111.009. (b) In computing the amount of tax owed under this section, the comptroller must include interest, penalties, fees, and costs. (c) The posted information must include: (1) the person's name and address; (2) each type of tax due; and (3) the amount of each tax owed, including interest, penalties, fees, and costs. (d) The comptroller shall include a special page on the Internet site for the 100 persons with the largest amounts owed. (e) Except as provided by Subsection (g), the comptroller shall update the Internet site at least quarterly." |
| 80_R | HB 969 (read bill) | Tracy King, D-Batesville | DEAD: left pending in Transportation, 3/6/07 | public information | Oppose | 2 | Relating to certain information related to a peace officer included on the officer's driver's license. | Would amend Transportation Code Sec. 521.121 so that a peace officer's driver's license would be reissued with their duty location in place of their home address. |
| 79_R | HB 971 (read bill) | Talton, R-Pasadena | DEAD: left pending in House State Affairs | Public Information | Oppose | 1 | Relating to the availability under the public information law of certain documents filed with a county clerk or a district clerk. | Would amend Public Information Act so that before giving access to a document or providing a copy of a document, the county clerk or district clerk may obtain and make a permanent record of the name, address, and date of birth of the person requesting the document. |
| 79_R | HB 974 (read bill) | Madden, R-Plano | DEAD: reported as substituted from House Civil Practices and died in Calendars | Public Information | Oppose | 1 | Relating to resolution of disputes arising under certain construction contracts. | Would amend Civil Practice & Remedies Code by adding chapter 160, "Dispute Boards Under Certain Contracts." Last section of bill exempts dispute board and board members from any kind of public disclosure. |
| 79_R | HB 976 (read bill) | Madden, R-Plano | PASSED: signed by Governor; earliest effective date June 17, 2005 | Open Meetings | Oppose | 1 | Relating to allowing the Texas Building and Procurement Commission to deliberate in a closed meeting regarding business and financial considerations of a contract being negotiated. | Would amend Open Meetings Act by adding 551.0726, an exception allowing the Texas Building and Procurement Commission to deliberate in a closed meeting regarding business and financial considerations of a contract being negotiated. [Donnis Baggett, chairman, Texas Daily Newspaper Association and Texas Press Association Legislative Advisory Committee, testified in opposition] |
| 81_R | HB 987 (read bill) | Creighton R-Conroe | PASSED: Signed by Governor, June 19, effective Sept. 1, 2009 | public notice | oppose | 1 | Relating to competitive procurement and change order requirements for local governments. [Same as SB 624 by West] | Would amend Education Code Sec. 44.031(a) so threshold for notice requirement concerning school district contracts, except contracts for purchase of produce or vehicle fuel, is raised from $25,000 to $50,000. Also would amend Local Government Code by increasing no-bid contract threshold to $50,000 for cities and counties. At March 17 hearing, Rep. Creighton said HB 987 is an expansion of SB 1765 [passed last session] which allows cities to procure contracts at an amount of $50,000 or less without sealed bids or competitive bidding. Creighton said cities of Richardson and Garland saved $37,000 or more as a result of SB 1765. Rep. Oliveira, D-McAllen, D-Brownsville, expressed concern over potential for abuse. Ken Whalen, Texas Press Association/Texas Daily Newspaper Association, testified in opposition, saying the threshold should remain at $25,000 in the interest of transparency. [Registering in favor: City of Garland, Texas Association of County Auditors, Texas Conference of Urban Counties, City of Leander, City of College Station, Tarrant County, Association of Builders and Contractors of Texas, Cities Aggregation Power Project.][Rep. Lois Kolkhorst, R-Brenham, cast the lone "nay" in April 15 Third Reading vote.] |
| 79_R | HB 989 (read bill) | Chisum, R-Pampa | PASSED: signed by Governor; earliest effective date June 18, 2005 | Public Information | Neutral | 3 | Relating to electric utility rates and riders to provide for recovery of certain transmission investments. | Would amend Utilities Code by adding Sec. 36.209, allowing the creation of a rate rider mechanism enabling non-ERCOT utilities to recover infrastructure improvement costs without a rate proceeding. |
| 80_R | HB 991 (read bill) | Patrick Rose, D-Dripping Springs | PASSED: signed by governor; earliest effective date 5/23/07 | public information | Oppose | 1 | Relating to the confidentiality of certain records maintained by the Department of Public Safety regarding persons licensed to carry a concealed handgun. | Amends Government Code Sec. 411.192 by striking the following language: "The department shall, on written request and payment of a reasonable fee to cover costs of copying, disclose to any other individual whether a named individual or any individual whose full name is listed on a specified written list is licensed under this subchapter." [LAC sent letter to Gov. Perry requesting veto.] |
| 79_R | HB 991 (read bill) | Chisum, R-Pampa | DEAD: referred to House Environmental Regulation and not heard | Open Meetings, FYI | Support | 2 | Relating to authorizing the Texas Commission on Environmental Quality to enter into voluntary emissions reduction agreements with owners of stationary sources or groups of stationary sources. | Would amend Health & Safety Code by adding Sec. 382.356, stipulating that the TCEQ may not approve a voluntary agreement unless the agency has first provided the public notice and opportunity to comment on a proposed agreement. Also requires TCEQ to receive public input before deciding to approve or reject a proposed voluntary agreement. |
| 79_R | HB 996 (read bill) | Geren, R-Fort Worth | Companion bill SB 343 PASSED | Public Information | Support | 2 | Relating to county authority to regulate the placement of water wells in unincorporated areas of the county; providing a penalty. | SAME AS SB 343 by Brimer, signed by Governor; earliest effective date Sept. 1, 2005. Would amend Local Government Code Sec. 240 regarding county regulation of water wells by requiring public notice of placement of water wells. |
| 81_R | HB 999 (read bill) | Dutton D-Houston | DEAD: Placed on May 27 Senate Intent Calendar | public notice | support | 2 | Relating to the closure of a school campus by the board of trustees of a school district. [Same as HB 1167 by Dutton] | Would amend Education Code by adding Sec. 11.174, CAMPUS CLOSURE. Would require notice of hearing on proposal to close a school campus to be published in a newspaper of general circulation in the district. House floor amendment #5 by Mallory Carraway attached to the bill upon third reading brackets the bill to districts with an enrollment of greater than 155,000. |
| 81_R | HB 1002 (read bill) | Bolton D-Austin | DEAD: Referred to House State Affairs, Feb. 23 | public information | monitor | 3 | Relating to access by the members of electric cooperatives to meetings of the boards of directors and certain information of the electric cooperatives. | Would amend Utilities Code so public notice of a board meeting would be required 72 hours in advance of the meeting. Contains provisions for emergency meetings, executive sessions. Allows a board to take action in an executive session under certain conditions, such as purchase of real estate, personnel issues and competitive issues. [Note: under the Texas Open Meetings Act, action can only be taken in open session.] Gives co-op members a right of access to books and records, but would require a requestor to furnish an affidavit stating the purpose of the request. [Note: Under Public Information Act, Government Code § 552.222. Permissible Inquiry by Governmental Body to Requestor, "The officer for public information and the officer’s agent may not make an inquiry of a requestor except to establish proper identification" or to clarify the request.] |
| 79_R | HB 1006 (read bill) | Isett, R-Lubbock, Bohac, R-Houston, et al. | DEAD: House refused to concur in Senate amendments | Public Notice | Support | 2 | Relating to certain limitations on the ad valorem tax rates of certain taxing units. | Would amend Tax Code chapter 26.04, language for public notice of vote on tax rate increase. Contains changes for ballot proposition on rollback. |
| 79_R | HB 1008 (read bill) | Martinez-Fischer, D-San Antonio | DEAD: referred to House Public Health and not heard | Public Information | Support | 2 | Relating to public access to certain information and materials. | Would amend Health & Safety Code chapters 241 and 577 to allow increased public access to information about complaints against hospitals and mental hospitals. Restores access lost in 1999. |
| 80_R | HB 1011 (read bill) | Debbie Riddle, R-Houston | PASSED: see companion SB 244 | public information | Oppose | 1 | Relating to the temporary sealing of certain affidavits on which search warrants are based. | [Same as SB 244 by Williams.] Amends Code of Criminal Procedure by adding Art. 18.011, Sealing of Affidavit. Allows attorney representing state in prosecution of felonies to request district judge or appellate judge to seal a search warrant affidavit if attorney establishes compelling state interest such that public disclosure would jeopardize safety of confidential informant or adversely affect continuing investigation; or affidavit contains information obtained from court-ordered wiretap not expired at time state's attorney requests sealing of the affidavit. |
| 79_R | HB 1013 (read bill) | Callegari, R-Houston | DEAD: left pending in House Higher Education | Public Notice | Neutral | 3 | Relating to the annexation of territory to a public junior college district. | Would amend Education Code Sec. 130.066 (c) by adding language to allow automatic annexation of land for public junior college district. Kills public notice of annexation election. |
| 80_R | HB 1033 (read bill) | Puente, D-San Antonio | PASSED: see companion SB 657 | public information | Oppose | 1 | Relating to the threshold amount at which certain water districts are required to solicit competitive bids before awarding certain contracts. | [Same as SB 657 by Seliger.] Amends Water Code 49 by raising $25,000 threshold for competitive bidding notices to $50,000. |
| 79_R | HB 1040 (read bill) | Truitt, R-Southlake | Companion bill SB 410 PASSED | Open Meetings | Oppose | 2 | Relating to the continuation and functions of the Texas State Board of Pharmacy. | SAME AS SB 410 by Whitmire, signed by Governor; earliest effective date Sept. 1, 2005. Would amend Occupations Code 565.059 by adding (d), allowing a disciplinary panel to meet by telephone conference call "if immediate action is required and convening of the panel at a location is inconvenient for any member of the disciplinary panel." |
| 80_R | HB 1042 (read bill) | Aaron Pena, D-Edinburg | PASSED: signed by governor; earliest effective date 6/15/07 | public information | Oppose | 1 | Relating to excepting certain crime victim information from required disclosure under the public information law. | [Same as SB 636 by Hegar.] Amends Public Information Act, Government Code 552.132, the exception for crime victim compensation information that is held by the Texas Attorney General's Office. The bill adds claimants to the exception. |
| 80_R | HB 1077 (read bill) | Patrick Rose, D-Dripping Springs | PASSED: see companion SB 178 | public information | Oppose | 2 | Relating to working papers and electronic communications of State Office of Administrative Hearings administrative law judges. | [Same as SB 178 by Wentworth.] Amends Public Information Act, Government Code Sec. 552.144, by adding electronic communications to the exception for working papers of administrative law judges. In March 12 hearing, Rose said intent is to exempt judges from disclosing inter-office emails containing their thoughts on a case. Sheila Bailey Taylor, chief SOAH judge, testified that ex parte is currently confidential by law, and inferred that emails should be treated as ex parte. |
| 79_R | HB 1083 (read bill) | Martinez-Fischer, D-San Antonio | DEAD: left pending in House State Affairs | Open Meetings, Public Information | Support | 1 | Relating to the application of the open meetings law and the public information law to an independent organization established by a power region and certified by the Public Utility Commission. | Would amend Utilities Code Sec. 39.151 so that an "independent organization" will be subject to the Public Information Act and the Open Meetings Act, as if it were a governmental body. An independent organization means "an independent system operator or other person that is sufficiently independent of any producer or seller of electricity that its decisions will not be unduly influenced by any producer or seller." Also, as stated in 39.151(b), "An entity will be deemed to be independent if it is governed by a board that has three representatives from each segment of the electric market, with the consumer segment being represented by one residential customer, one commercial customer and one industrial retail customer." |
| 81_R | HB 1119 (read bill) | Bolton D-Austin | DEAD: Referred to House Land & Resource Management, Feb. 25 | public notice | support | 2 | Relating to authorizing certain populous counties to adopt county planning regulations. | Would amend Local Government Code by adding Subchapter M, COUNTY PLANNING REGULATORY AUTHORITY BY CERTAIN POPULOUS COUNTIES. See p.2, Sec. 231.276, PROCEDURES GOVERNING ADOPTION OF COUNTY PLANNING REGULATIONS AND DISTRICT BOUNDARIES. Says "The commissioners court of a county wishing to exercise the authority relating to zoning regulations and zoning district boundaries shall establish procedures for adopting and enforcing the regulations and boundaries. A regulation or boundary is not effective until after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard. Before the 15th day before the date of the hearing, notice of the time and place of the hearing must be published in an official newspaper or a newspaper of general circulation in the county." |
| 79_R | HB 1127 (read bill) | Uresti, D-San Antonio | DEAD: referred to House State Affairs and not heard | Public Information | Support | 1 | Relating to the application of the public information law to an independent organization established by a power region and certified by the Public Utility Commission. | Would make an independent organization certified under Utilities Code Sec. 39.151 subject to Public Information Act, as if it were a governmental body. An independent organization means "an independent system operator or other person that is sufficiently independent of any producer or seller of electricity that its decisions will not be unduly influenced by any producer or seller." Also, as stated in 39.151(b), "An entity will be deemed to be independent if it is governed by a board that has three representatives from each segment of the electric market, with the consumer segment being represented by one residential customer, one commercial customer and one industrial retail customer." |
| 80_R | HB 1141 (read bill) | Donna Howard, D-Austin | PASSED: signed by governor; earliest effective date 6/15/07 | public information | Oppose | 2 | Relating to the confidentiality of certain home address information in local tax appraisal records regarding an employee of a prosecutor's office or of certain offices with jurisdiction over child protective services matters. | Amends Tax Code 25.05(a) by adding subparagraph (6) adding to exempt entities an employee of a district attorney, criminal district attorney or county or municipal attorney whose jurisdiction includes any criminal law or child protective services matters. |
| 80_R | HB 1185 (read bill) | Geanie Morrison, R-Victoria | DEAD: left pending in Higher Education, 3/26/07 | public notice | Support | 2 | Relating to the sale of facilities of public institutions of higher education to real estate investment trusts. | Would amend Education Code Chapter 55 by adding Subchapter D, Sale of Institution or Junior College Facilities to Real Estate Investment Trust. Contains new public notices in Sec. 55.503 concerning notice of proposed sale and Sec. 55.504, concerning unsolicited proposals by real estate investment trusts. |
| 81_R | HB 1149 (read bill) | Thompson D-Houston | DEAD: House Corrections report sent to Calendars, May 1 | open meetings | monitor | 3 | Relating to hearings by the Board of Pardons and Paroles regarding clemency matters. [Same as SB 166 by Ellis] | Would amend Open Meetings Act, Government Code Sec. 551.124, BOARD OF PARDONS AND PAROLES. Would allow hearings to be held by videoconference and releases Board of Pardons and Paroles from requirement that the body specify an intent to have a quorum or a majority of a quorum physically present at a hearing location. |
| 81_R | HB 1167 (read bill) | Dutton D-Houston | DEAD: Referred to House Public Education, Feb. 26 | public notice | support | 2 | Relating to the closure of a school campus by the board of trustees of a school district. [Same as HB 999 by Dutton] | Would amend Education Code by adding Sec. 11.174, CAMPUS CLOSURE. Requires notice of hearing on proposal to close a school campus to be published in a newspaper of general circulation in the district. |
| 81_R | HB 1168 (read bill) | Dutton D-Houston | DEAD: Referred to House Criminal Jurisprudence, Feb. 26 | public information | oppose | 1 | Relating to discovery in a criminal case. [Same as HB 301 by Dutton and SB 1686 by Hinojosa] | See SECTION 11 of the bill titled DISCLOSURE TO THIRD PARTIES. Neither the attorney representing the state nor the attorney representing the defendant may disclose, without obtaining approval of the trial court, information or witness statements received from the opposing party to any third party, including the defendant, other than to an investigator, expert, or other agent for the attorney representing the state or the attorney representing the defendant, as applicable. Information or witness statements received under this article may not be made available to the public. Also see SECTION 13, CONFLICT OF LAW. Says "To the extent of any conflict, this article prevails over Chapter 552, Government Code." |
| 80_R | HB 1237 (read bill) | David Farabee, D-Wichita Falls | PASSED: signed by governor; earliest effective date 9/1/07 | public information | Oppose | 1 | Relating to the confidentiality of certain information of a person licensed to practice law held by governmental bodies. | [Same as SB 514 by Hegar.] Amends Public Information Act by adding Government Code 552.1176, Confidentiality of Certain Information of Person Licensed to Practice Law. Allows lawyers to elect to exempt their home address, home telephone number, email address, social security number, date of birth. |
| 81_R | HB 1266 (read bill) | Darby R-San Angelo | PASSED: Companion bill SB 811 signed by Governor May 19, effective immediately | public notice | support | 3 | Relating to authorizing the board of regents of the Texas Tech University System to transfer the San Angelo Museum of Fine Arts to a nonprofit organization to operate the museum. [Same as SB 811 by Duncan] | Would amend Education Code by adding Section 109A.005, AUTHORITY TO TRANSFER SAN ANGELO MUSEUM OF FINE ARTS. Would require the board of regents to conduct a public meeting regarding the transfer, and would require public notice of the meeting to be published in a newspaper. |
| 79_R | HB 1284 (read bill) | Swinford, R-Amarillo | Companion bill SB 148 PASSED | Public Information | Support | 2 | Relating to the exception from required public disclosure of a photograph of a peace officer. | SAME AS SB 148 by Wentworth, signed by Governor; earliest effective date May 3, 2005. Would amend Public Information Act, Government Code 552.119, by removing exception for photographs of security guards. [Donnis Baggett, chairman, Texas Daily Newspaper Association and Texas Press Association Legislative Advisory Committee, submitted witness affirmation in support, Feb. 28] |
| 79_R | HB 1285 (read bill) | Swinford, R-Amarillo | PASSED: signed by Governor; earliest effective date May 27, 2005 | Public Information | Oppose | 1 | Relating to the exception from required disclosure under the public information law of certain audit working papers. | SAME AS SB 147 by Wentworth. Would amend Public Information Act so that the charter or an ordinance of a municipality or an order of the commissioners court of a county including an investigation would be considered audit information and therefore confidential. [Donnis Baggett, chairman, Texas Daily Newspaper Association and Texas Press Association Legislative Advisory Committee, testified in opposition, Feb. 28] |
| 81_R | HB 1314 (read bill) | Strama D-Austin | DEAD: Left pending, House Public Education, March 24 | public notice | support | 2 | Relating to the availability of certain financial information on Internet websites of school districts and open-enrollment charter schools. | Would require open enrollment charter schools and public school districts to post on their Internet website their quarterly financial statements. These statements would include (1) budgeted revenue summarized by source, including local, state, and federal; (2) expenditures, including the function code assigned to the expenditure for the purpose of meeting state reporting requirements; (3) projected fund balance and net asset balance for the fiscal year end compared with the actual dollar amount in each fund or asset account; and (4) a comparison of actual revenue and expenditures to budgeted revenue and expenditures. Also requires the information to remain posted until the second anniversary of the date of the statement. |
| 79_R | HB 1325 (read bill) | Eissler, R-The Woodlands | DEAD: reported from House Public Education and died in Calendars | Open Meetings | Support | 1 | Relating to the ability of public school employees to communicate with members of a school district board of trustees. | Would amend Education Code by adding Sec. 11.163. Permits direct communication between school district employees and members of a school board. |
| 81_R | HB 1360 (read bill) | Anchia D-Dallas | PASSED: Signed by Governor, June 19, effective immediately | public information | oppose | 1 | Relating to the effect under the public information law of the disclosure of certain information by a prosecutor to defense counsel. | Would amend Code of Criminal Procedure by adding Art. 38.02, EFFECT UNDER PUBLIC INFORMATION LAW OF RELEASE OF CERTAIN INFORMATION. Establishes that a release of information by a prosecutor to a defense counsel for a purpose relating to the pending or reasonably anticipated prosecution of a criminal case is not considered a voluntary release of information to the public for purposes of state law regarding public information and does not waive the right to assert in the future that the information is excepted from required disclosure under the Texas Public Information Act. |
| 81_R | HB 1383 (read bill) | Davis D-Dallas | DEAD: Referred to House State Affairs, March 2 | public information | monitor | 3 | Relating to access to certain information under the public information law concerning public officers and employees. [Same as SB 331 by Carona] | Would amend Public Information Act, Government Code 552.024, PERSONAL INFORMATION OF EMPLOYEES AND OFFICIALS. Replaces current opt-out language with language that makes public officers' and employees' personal information automatically confidential. Also would add a new exception, Sec. 552.150, INFORMATION THAT COULD COMPROMISE SAFETY OF PUBLIC OFFICER OR EMPLOYEE. |
| 81_R | HB 1387 (read bill) | Davis D-Dallas | DEAD: Reported favorably, House Public Education, April 14 | public notice | support | 2 | Relating to hearing requirements for the adoption of certain rules by a board of trustees of certain school districts. | Would amend Education Code 11.065, APPLICABILITY TO CERTAIN DISTRICTS, by adding newspaper notice publication requirement when the board of trustees wishes to adopt rules to govern the term, election and residency requirements of members of the board. |
| 81_R | HB 1390 (read bill) | Rose D-Dripping Springs | DEAD: Left pending, House State Affairs, April 7 | public information | support | 2 | Relating to access by the members of electric cooperatives to meetings of the boards of directors and certain information of the electric cooperatives. [Same as SB 921 by Fraser] | Would amend Utilities Code in various ways to increase transparency of electric co-ops by adding open meetings and public information requirements. |
| 81_R | HB 1411 (read bill) | Jones R-Lubbock | PASSED: Signed by Governor May 27, effective immediately | public information | oppose | 1 | Relating to records of certain frivolous complaints maintained by the Texas Board of Professional Land Surveying. [Same as SB 974 by Carona] | Would amend Occupations Code Sec. 1071.204(e), RECORDS OF COMPLAINTS, so that "For any complaint determined to be frivolous or without merit, the complaint and other enforcement case information related to that complaint are confidential. The information may be used only by the board or by its employees or agents directly involved in the enforcement process for that complaint. The information is not subject to discovery, subpoena, or other disclosure." Current language says "A frivolous complaint is public information, except that the license holder's name and other personal information shall be redacted." |
| 79_R | HB 1435 (read bill) | Hamric, R-Houston | Companion bill SB 402 PASSED | Open Meetings | Oppose | 2 | Relating to the administration and functions of the Texas State Board of Podiatric Medical Examiners. | SAME AS SB 402 by Nelson, signed by Governor; earliest effective date Sept. 1, 2005. Would amend Occupations Code Sec. 202.510, "Temporary Suspension of License," by allowing a disciplinary panel to meet by telephone. |
| 81_R | HB 1450 (read bill) | Rodriguez D-Austin | DEAD: Left pending, House Environmental Regulation, April 1 | public information | support | 2 | Relating to the disposal and reuse of coal combustion waste. | Would amend Health & Safety Code by adding reporting requirements. Sec. 361.0236, DISPOSAL AND REUSE OF COAL COMBUSTION WASTE, paragraph (b), says "Information related to groundwater and soil monitoring of sites containing coal combustion waste ... is not confidential and must be made public under this section." |
| 81_R | HB 1453 (read bill) | Naishtat D-Austin | DEAD: Set on May 14 House Calendar for Second Reading | public information | support | 2 | Relating to long-term care consumer information made available through the Internet. [Same as SB 1513 by Watson] | Would amend Government Code chapter 531 with a requirement that the Department of Aging and Disability Services maintain a web site that includes such information as a health care facility's medical loss ratio, complaint information, any sanction or penalty imposed by any state agency, information concerning consumer satisfaction, etc. |
| 81_R | HB 1471 (read bill) | Thibaut D-Houston | DEAD: Referred to Senate Business & Commerce, May 6 | public notice | monitor | 3 | Relating to foreclosure sales of residential real property. | Would amend Property Code 24.005. Extends period for certain foreclosure notices, but lacks provision for newspaper notice. |
| 81_R | HB 1483 (read bill) | Pitts R-Waxahachie | DEAD: Left pending, House Land & Resource Management, March 25 | public notice | monitor | 3 | Relating to the use of eminent domain authority. [Same as HB 402 by Woolley] | See on p.4: Sec. 2206.103, VOTE ON USE OF EMINENT DOMAIN: "(a) Before a governmental entity initiates a condemnation proceeding by filing a petition under Section 21.012, Property Code, the governmental entity must authorize the initiation of the condemnation proceedings at a public meeting by a record vote." On pp.5-6, says a single ordinance can be used for multiple tracts. On p.6, paragraph (g), says reasonable notice must be given to property owners whose land is targeted for condemnation. But absent is a provision for newspaper notice. Also see p.7, Sec. 21.023, DISCLOSURE OF INFORMATION REQUIRED AT TIME OF ACQUISITION: says governmental entity at the time it acquired the property through eminent domain must state the purchase price. Strikes current language that says "fair market value of the property at the time the public use was canceled." [Note: the representative's staff said the above language does not reduce open government provisions in current law that require the identification of individual tracts, require a vote in open session, and require public notice of orders, resolutions and ordinances proposed by the governmental body.] |
| 80_R | HB 1497 (read bill) | Corbin Van Arsdale, R-Tomball | PASSED: signed by governor; earliest effective date 9/1/07 | public information | Oppose | 3 | Relating to the consequences of the failure by a person requesting information under the public information law to timely respond to certain written communications from a governmental body. | Amends Public Information Act by adding Government Code 552.222 subsections (d) and (e). Changes law so that if a requestor does not respond to an inquiry by a custodian of public information within 61 days, the request is considered withdrawn. |
| 81_R | HB 1507 (read bill) | Bolton D-Austin | DEAD: Reported as substituted, House County Affairs, April 20 | public notice | support | 2 | Relating to authorizing certain populous counties to adopt noise regulations. | Contains requirement for public notice of hearing on proposed ordinance. See p.2, lines 17-19: "Before the 15th day before the date of the hearing, notice of the time and place of the hearing must be published in an official newspaper or a newspaper of general circulation in the county." |
| 81_R | HB 1525 (read bill) | Alvarado D-Houston | DEAD: Referred to House Environmental Regulation, March 2 | public information | support | 3 | Relating to disclosure by the Texas Commission on Environmental Quality of information related to emissions events. [Same as SB 459 by Gallegos] | Would require TCEQ to post this information on its web site. |
| 81_R | HB 1562 (read bill) | Aycock R-Killeen | DEAD: Withdrawn, House Agriculture & Livestock, April 7 | public information | oppose | 2 | Relating to the confidentiality of investigation records of the State Board of Veterinary Medical Examiners and clarification of the regulatory authority of the board. | See Sec. 801.207(a), CONFIDENTIALITY OF INVESTIGATION FILES [PUBLIC RECORD; EXCEPTION]. Says "The board's investigation files are confidential, privileged, and not subject to discovery, subpoena, or any other means of legal compulsion for release other than to the board or an employee or agent of the board." |
| 80_R | HB 1580 (read bill) | Senfronia Thompson, D-Houston | DEAD: referred to State Affairs, 2/22/07 | public information | Oppose | 1 | Relating to excepting dates of birth of employees of governmental bodies from required disclosure under the public information law. | [Same as SB 281 by Gallegos.] Would amend the Public Information Act by adding Government Code 552.148, Exception: Dates of Birth of Employees of Governmental Bodies. Would change the exception so that it applies to a current or former employee of a governmental body. |
| 80_R | HB 1591 (read bill) | Patrick Rose, D-Dripping Springs | DEAD: reported as substituted from Natural Resources, 5/5/07 | open meetings | Oppose | 1 | Relating to the administration, operation, financing, powers, and duties of the Hays Trinity Groundwater Conservation District. | [Same as SB 661 by Wentworth.] Would amend 3.0306(a), Chapter 966, Acts of the 77th Legislature, Regular Session, 2001, by striking language requiring an open meeting of the Hays Trinity Groundwater Conservation District. |
| 79_R | HB 1607 (read bill) | McCall, R-Dallas | DEAD: reported as substituted from House State Affairs and died in Calendars | Public Information | Neutral | 3 | Relating to a request for public information that is sent to a governmental body by electronic mail. | Would amend Public Information Act, Government Code Sec. 552.301, so that a request sent by e-mail to officer for public information or person designated by that officer is presumed to have been received by governmental body on earlier of date that officer for public information. [Author agreed to strike objectionable language from bill that would have allowed three-day grace period to be added to response period specified by current statute.] |
| 80_R | HB 1630 (read bill) | "Mando" Martinez, D-Weslaco | DEAD: left pending in Business & Industry, 4/10/07 | open meetings, public information | Support | 2 | Relating to the meetings and records of certain property owners' associations. | Would amend Government Code by adding language that would make all property owner associations subject to the Open Meetings Act and Public Information Act. Current statutory language applies to property owner associations in counties with population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more. |
| 81_R | HB 1634 (read bill) | Smith R-Bedford | DEAD: Left pending, Senate Transportation & Homeland Security, May 11 | public information | monitor | 3 | Relating to the release of a motor vehicle accident report or certain information in a motor vehicle accident report. [Same as HB 1747 by Smith, R-Bedford] | Would amend Transportation Code 550.065, RELEASE OF CERTAIN INFORMATION RELATING TO ACCIDENTS. Under paragraph (7), motor vehicle accident report information shall immediately released on request "to a newspaper that is qualified to publish legal notices or is a free newspaper of general circulation and that is published at least once a week and available and of interest to the general public in connection with the dissemination of news." |
| 79_R | HB 1680 (read bill) | Callegari, R-Houston, et al. | Companion bill SB 1537 PASSED | Open Meetings | Oppose | 1 | Relating to the administration, powers, duties, and operations of the Harris-Galveston Coastal Subsidence District and the Fort Bend Subsidence District. | SAME AS SB 1537 by Armbrister, signed by Governor; earliest effective date May 27, 2005. Would amend this special district local law so that failure to provide notice of regular meeting will not affect validity of any action taken at meeting. Also says district may purchase property from any other governmental entity by negotiated contract without necessity of securing appraisals or advertising for bids. Also kills public notice requirement for designation of depository bank. |
| 79_R | HB 1684 (read bill) | Casteel, R-New Braunfels | DEAD: reported from House State Affairs and died in Calendars | Public Information | Oppose | 1 | Relating to excepting certain real property appraisal information from required disclosure under the public information law. | Would amend Public Information Act, Government Code Sec. 552.105, by creating an exception for certain real property appraisal information. Says price of property bought or sold for a public purpose before formal awarding of contract for property is not public information. In her testimony, author reasoned that a property appraisal, when included in a appraisal report, can foul pre-purchase negotiations between sellers and local governments. |
| 81_R | HB 1707 (read bill) | Geren R-Fort Worth | PASSED: Companion bill SB 1071 signed by Governor May 19, effective immediately | public information | support | 1 | Relating to the required disclosure under the public information law of information pertaining to an employee or trustee of a public employee pension system. [Same as SB 1071 by Wentworth] | Would amend the Public Information Act by adding Government Code Sec. 552.0221, EMPLOYEE OR TRUSTEE OF PUBLIC EMPLOYEE PENSION SYSTEM. Says "information concerning the income, salary, benefits, and bonuses received from the pension system by the employee or trustee in the person’s capacity as an employee or trustee of the system, is public information and is not removed from the application of this chapter, made confidential, or otherwise excepted from the requirements of Section 552.021 by the following statutes or by similar statutes intended to protect the records of persons as members, beneficiaries, or retirees of a public employee pension system in their capacity as such ..." |
| 81_R | HB 1747 (read bill) | Smith R-Bedford | DEAD: Referred to House Transportation, March 3 | public information | monitor | 3 | Relating to the release of a motor vehicle accident report or certain information in a motor vehicle accident report. [Same as HB 1634 by Smith, R-Bedford] | Would amend Transportation Code 550.065, RELEASE OF CERTAIN INFORMATION RELATING TO ACCIDENTS. See paragraph (7), which says motor vehicle accident report information shall immediately released on request to "a newspaper that is qualified to publish legal notices or is a free newspaper of general circulation and that is published at least once a week and available and of interest to the general public in connection with the dissemination of news." |
| 79_R | HB 1763 (read bill) | Cook of Colorado, R-Eagle Lake | PASSED: signed by Governor; earliest effective date Sept. 1, 2005 | Public Notice and Open Meetings | Support | 2 | Relating to the notice, hearing, rulemaking, and permitting procedures for groundwater conservation districts. | SAME AS SB 344 by Duncan. Would amend Water Code Sec. 36 by requiring public notice of enforcement of rules. |
| 81_R | HB 1773 (read bill) | Fletcher R-Tomball | DEAD: Set on May 14 House Calendar for Second Reading | public information | monitor | 3 | Relating to the confidentiality of certain personal information concerning current and former employees of certain divisions of the office of the attorney general. [Same as SB 1692 by Wentworth] | Would amend Public Information Act, Government Code Sec. 552.1175(a) by adding paragraph (7), which makes confidential certain information about current and former employees of the office of the attorney general who are or were assigned to a division of that office the duties of which involve criminal law enforcement. Also adds same amendment to Tax Code chapter 25. At March 31 hearing, Rep. Fletcher said HB 1773 seeks to protect peace officers from retribution by violent criminals. |
| 79_R | HB 1779 (read bill) | King, R-Weatherford | DEAD: House postponed on Second Reading and not heard again | Open Meetings | Support | 2 | Relating to the continuation, administration, and operations of the Public Utility Commission of Texas and the Office of Public Utility Counsel. | Would amend Utilities Code so that the PUC annually shall conduct a public hearing to assist the office in developing a plan of priorities and to give the public, including residential and small commercial consumers, an opportunity to comment on the office's functions and effectiveness. |
| 81_R | HB 1783 (read bill) | Solomons R-Carrollton Maldonado D-Round Rock | PASSED: Signed by Governor, June 19, effective Sept. 1, 2009 | open meetings | support | 2 | Relating to the Internet broadcasting of Public Utility Commission of Texas and ERCOT public hearings and meetings. | Would amend the Utilities Code by adding Sec. 12.204, INTERNET FOR HEARINGS AND MEETINGS. Requires the PUC and ERCOT to make publicly accessible without charge live Internet video of all public hearings and meetings. ERCOT, the Electric Reliability Council of Texas, operates the electric grid and manages the deregulated market for 75 percent of the state. |
| 81_R | HB 1817 (read bill) | Rose D-Dripping Springs | DEAD: Deleted from hearing, House Ways & Means, April 20 | open meetings | oppose | 1 | Relating to the authority of a county or library district to receive local sales tax information. | Would amend Tax Code by adding Section 323.3022, TAX INFORMATION. See paragraphs (f), (g) and (i): (f) Information received by a county under this section is confidential, is not open to public inspection, and may be used only for the purpose of economic forecasting, for internal auditing of a tax paid to the county under this chapter, or for the purpose described by Subsection (g). (g) Information received by a county under Subsection (b) may be used by the county to assist in determining revenue sharing under a revenue sharing agreement or other similar agreement. (i) Notwithstanding Chapter 551, Government Code, the commissioners court of a county is not required to confer with one or more employees or a third party in an open meeting to receive information or question the employees or third party regarding the information received by the county under this section. |
| 81_R | HB 1826 (read bill) | Smith R-Bedford | PASSED: Companion bill SB 375 signed by Governor May 19, effective immediately | public information | support | 2 | Relating to the release of motor vehicle accident report information. [Same as SB 375 by Carona] | Would amend Transportation Code 550.065, MOTOR VEHICLE ACCIDENT REPORTS. Authorizes TxDOT discretion to make statistical information derived from the Crash Records Information System [CRIS] database available to the public. |
| 80_R | HB 1885 (read bill) | Hubert Vo, D-Houston | PASSED: see companion SB 288 | public information | Support | 2 | Relating to health care-associated infection rates at certain health care facilities and the creation of an advisory panel. | [Same as SB 288 by Nelson.] Amends Health & Safety Code by adding chapter 98, Health-care Associated Infection Rates. Requires public disclosure of infection rate for central line-associated, laboratory-confirmed primary bloodstream infections in special care settings, such as intensive care units of general hospitals. Report must identify each health care facility included in the report. |
| 81_R | HB 1885 (read bill) | Pena D-Edinburg | PASSED: Similar bill, HB 670 signed by Governor May 13, effective immediately | Free Flow | support | 1 | Relating to a qualified privilege of a journalist not to testify. [Similar to HB 670 by Martinez-Fischer, SB 915 by Ellis and Duncan, and HB 3919, also by Pena] | Would amend Civil Practice and Remedies Code by adding Subchapter C, JOURNALIST’S QUALIFIED TESTIMONIAL PRIVILEGE. "The purpose of this subchapter is to increase the free flow of information and preserve a free and active press and, at the same time, protect the right of the public to effective law enforcement and the fair administration of justice." |
| 81_R | HB 1887 (read bill) | Dutton D-Houston | DEAD: Referred to House Public Education, March 5 | public notice | oppose | 1 | Relating to competitive bidding by school districts for professional services. | Government Code Chapter 2254 is the Professional Services Procurement Act. HB 1887 would amend Government Code by adding Sec. 2254.0025, an exception that says school districts would not have to comply with competitive bidding requirements when contracting for professional services. Professional services, by the Act's definition, include accounting, architecture, landscape architecture, land surveying, medicine, optometry, professional engineering, real estate appraising, professional nursing. |
| 79_R | HB 1922 (read bill) | Allen, R-Grand Prairie | DEAD: sent to House Corrections subcommittee and not heard | Public Information | Oppose | 1 | Relating to deferred adjudication community supervision for certain defendants who enter a drug court program. | Would amend Government Code 411.081 so that under the drug court program, authorities may issue an order of nondisclosure with respect to the charge against the defendant, provided the defendant is otherwise eligible for the order. |
| 79_R | HB 1944 (read bill) | Solomons, R-Carrollton | Companion bill SB 419 PASSED | Open Meetings | Oppose | 2 | Relating to the continuation and functions of the Texas State Board of Medical Examiners, Texas State Board of Physician Assistant Examiners, and Texas State Board of Acupuncture Examiners and the regulation of health care professions regulated by those st | SAME AS SB 419 by Nelson, signed by Governor; earliest effective date Sept. 1, 2005. Would amend Occupations Code Sec. 205.361 so that disciplinary panel may hold a meeting by telephone conference call if immediate action is required and convening of the panel at one location is inconvenient for any member of the disciplinary panel. |
| 81_R | HB 2002 (read bill) | McCall R-Plano | PASSED: Signed by Governor, June 19, effective immediately | public information | oppose | 2 | Relating to a right of a close relative to seek expunction of arrest records and files on behalf of a deceased person. | Would amend Code of Criminal Procedure by adding Art. 55.011, RIGHT OF CLOSE RELATIVE TO SEEK EXPUNCTION ON BEHALF OF DECEASED PERSON. Says "close relative of a deceased person" means the grandparent, parent, spouse, or adult brother, sister or child of a deceased person. Would allow petition for the expunction of the record of a deceased person. |
| 81_R | HB 2037 (read bill) | Howard D-Austin Anchia D-Dallas | DEAD: Referred to Senate Education, May 4 | open meetings | oppose | 1 | Relating to the creation of the Permanent School Fund Management Council to manage the permanent school fund. | [HB 2037 is enabling legislation for HJR 77 by Howard.] Would amend Education Code by adding Sec. 43.0011, PERMANENT SCHOOL FUND MANAGEMENT COUNCIL. Allows a "staff-briefings" type exception to the Open Meetings Act. Paragraph (j) on p.3 says "The council is subject to the open meetings law, Chapter 551, Government Code, except that the council is not required to discuss an investment or potential investment with one or more council employees or with a third party in an open meeting to the same extent that the board of trustees of the Texas growth fund is provided an exception from the open meetings law under Section 551.075, Government Code." |
| 79_R | HB 2040 (read bill) | Keffer, J., R-Eastland | Companion bill SB 541 PASSED | Public Information | Neutral | 3 | Relating to the confidentiality of photographs of certain residential property held by an appraisal district. | SAME AS SB 541 by Seliger, signed by Governor; earliest effective date Sept. 1, 2005. Would amend Tax Code by adding Sec. 25.027, "Confidentiality of Photographs of Certain Residential Property." Says that an aerial photograph that depicts five or more separately owned buildings is not confidential information under the confidentiality provision for appraisal district information. |
| 81_R | HB 2042 (read bill) | Flynn R-Canton | PASSED: Signed by Governor, May 20, effective immediately | public notice | oppose | 1 | Relating to the notice requirements following impoundment of an estray. | Would amend Agriculture Code Sec. 142.009(d). Makes public notice on a county's web site an alternative to public notice to be published in a newspaper. Says "the sheriff shall post a notice of the impoundment of the estray on the public notice board of the courthouse and advertise the impoundment of the estray: (1) in a newspaper of general circulation in the county at least twice during the 15 days after the date of impoundment; OR (2) on the county’s Internet website for at least 15 days after the date of impoundment." |
| 79_R | HB 2046 (read bill) | Puente, D-San Antonio | DEAD: passed House, referred to Senate State Affairs and not heard | Open Meetings | Support | 2 | Relating to the applicability of the open meetings law to actions taken by certain directors of a water district; providing a criminal penalty. | Would amend Water Code by adding Sec. 49.0645, "Applicability of Open Meetings Law to Directors Who Have Note Qualified to Serve as Director." Says a director who has been elected to the board but has not qualified to serve as director, as required by Section 49.055, is considered a member of the board for purposes of the Open Meetings Act. |
| 81_R | HB 2051 (read bill) | Bolton D-Austin | DEAD: Referred to House State Affairs, March 9 | public information | support | 1 | Relating to requiring a record vote by each house or committee of the legislature on bills, proposed constitutional amendments, and amendments to bills and proposed constitutional amendments. | Would amend Government Code by adding Sec. 301.035, RECORD VOTE ON BILLS AND OTHER MEASURES REQUIRED. Would require the vote of each legislator to be recorded on second reading of most legislation. |
| 81_R | HB 2056 (read bill) | Gallego D-Alpine | DEAD: Set on May 14 House Calendar for Second Reading | public notice | support | 2 | Relating to granting certain local governments general zoning authority around certain military facilities. [Same as SB 2439 by Uresti] | Would amend Local Government Code by adding Chapter 241A, MUNICIPAL AND COUNTY ZONING AUTHORITY AROUND AIR FORCE FACILITY. Adds public notice of a public hearing to be published in a newspaper of general circulation in the county. See p.4, lines 19-22, "Before the 15th day before the date of the hearing, the governing bodies of the municipality and the county must publish notice of the hearing in a newspaper of general circulation in the county. |
| 81_R | HB 2132 (read bill) | Rios Ybarra D-South Padre Island | DEAD: No action taken, House Judiciary & Civil Jurisprudence, April 27 | public information | monitor | 3 | Relating to sealing of court records containing identifying financial information or personal identifying information. | Would amend Government Code Chapter 23 by adding Subchapter D, SEALING OF RECORDS CONTAINING IDENTIFYING FINANCIAL INFORMATION OR PERSONAL IDENTIFYING INFORMATION. See Sec. 23.252, SEALING OF RECORDS. Says, "(a) On motion of a person, including a party or a victim, whose identifying financial information or personal identifying information is included in the court ’s record, the court shall seal the information unless the court finds good cause not to seal the information." |
| 79_R | HB 2168 (read bill) | Goolsby, R-Dallas | DEAD: referred to House State Affairs and not heard | Public Information Act | Support | 2 | Relating to the liability of a district or county clerk for the release of information that is subsequently expunged or made confidential. | Would amend Government Code Chapter 51, regarding judicial clerks, so that district or county clerk and an employee of a district or county clerk are not criminally or civilly liable for good faith release of information under Chapter 552. |
| 80_R | HB 2188 (read bill) | Ken Paxton, R-McKinney/ Tommy Williams, R-The Wo | PASSED: signed by governor; earliest effective date 6/15/07 | public information | Oppose | 2 | Relating to information technology security practices of state agencies. | Amends Open Meetings Act by adding Government Code 551.089, the exception allowing the Department of Information Resources to deliberate: (1) security assessments or deployments relating to information resources technology; (2) network security information; or (3) the deployment, or specific occasions for implementation of security personnel, critical infrastructure, or security devices. The bill also adds Government Code Sec. 552.139, a Public Information Act exception for information that relates to computer network security, or to the design, operation or defense of a computer network. |
| 79_R | HB 2197 (read bill) | Madden, R-Plano | PASSED: signed by Governor; earliest effective date June 18, 2005 | Public Information | Support | 2 | Relating to the availability to the public of photographs of an inmate confined by the Texas Department of Criminal Justice. | Would amend Public Information Act so that Texas Department of Criminal Justice inmate photos are public information. |
| 79_R | HB 2203 (read bill) | Hughes, R-Mineola | Companion bill SB 1103 PASSED | Public Notice | Neutral | 3 | Relating to the powers and duties of the General Land Office and the disposition of certain unsurveyed public school land. | SAME AS SB 1103 by Eltife, signed by Governor; earliest effective date June 17, 2005. Would amend Natural Resources Code chapter 51.179 by killing requirement that applicant for sale or lease of vacant land publish notice in newspaper. |
| 81_R | HB 2203 (read bill) | Isett R-Lubbock | DEAD: Left pending, House Insurance, April 14 | public information | monitor | 3 | Relating to the continuation and operation of the Texas Department of Insurance and the operation of certain insurance programs. [Same as SB 1007 by Hegar] | Would amend the Insurance Code so audits [not just "audit working papers"], final reports and preliminary reports would be confidential and not subject to the Public Information Act. See pp. 29,31. |
| 81_R | HB 2212 (read bill) | Craddick R-Midland | PASSED: Signed by Governor, June 19, effective immediately | public notice | support | 2 | Relating to the division of certain emergency services districts. | Would require public notice of hearing on petition to create district. Paragraph (e), p.2 line 5, says "The board shall publish the notice in a newspaper of general circulation in the district once a week for two consecutive weeks." |
| 81_R | HB 2213 (read bill) | Farrar D-Houston | DEAD: Reported as substituted, House Criminal Jurisprudence, May 7 | public information | oppose | 1 | Relating to the consequences of community supervision and to petitions and procedures for the expunction of criminal records and files and to orders of nondisclosure. [Same as HB 2075 by Hinojosa] | Would amend Code of Criminal Procedure so that a person who is the subject of an order of deferred adjudication community supervision that has resulted in a discharge and dismissal may be entitled to the expunction of their criminal record. The type of misdemeanor or felony committed would affect the number of years a person would have to wait to petition a court for expunction. |
| 80_R | HB 2214 (read bill) | Sylvester Turner, D-Houston | DEAD: referred to Criminal Jurisprudence, 3/7/07 | public information | Support | 2 | Relating to restitution and other assistance provided to victims of crime and to related claimants. | [Same as SB 1616 by Averitt.] Would amend Code of Criminal Procedure with 42.037(q), a requirement that Texas Department of Criminal Justice publish an annual statistical report on restitution payments. Would amend Government Code with requirement that Office of Court Administration of the Texas Judicial System publish an annual statistical report on court-ordered restitution in criminal cases. Would amend Human Resources Code with requirement that local juvenile parole offices submit to the Texas Youth Commission a quarterly report of all restitution payments made. |
| 79_R | HB 2215 (read bill) | Bailey, D-Houston | DEAD: passed House and left pending in Senate Intergovernmental Relations | Public Information | Support | 2 | Relating to the operation of property owners' associations. | Would amend Public Information Act, Government Code Sec. 552.0036, "Certain Property Owners Associations." Makes all property owner associations subject to Public Information Act. |
| 79_R | HB 2247 (read bill) | Isett, R-Lubbock | DEAD: set on House Calendar for May 12 and not heard | Public Information | Oppose | 1 | Relating to state contract management, including the training of personnel, the negotiation of contracts, and the standardization of practices. | Would amend Public Information Act by adding Government Code 551.0726, "Governing Body of State Agency: Deliberation Regarding Contract Being Negotiated; Closed Meeting." Says governing body of a state agency may conduct a closed meeting to deliberate business and financial issues relating to a contract being negotiated if, before conducting the closed meeting: (1) the governing body votes unanimously that deliberation in an open meeting would have a detrimental effect on the position of the state in negotiations with a third person; and (2) the attorney advising the governing body issues a written determination that deliberation in an open meeting would have a detrimental effect on the position of the state in negotiations with a third person." |
| 80_R | HB 2249 (read bill) | Corbin Van Arsdale, R-Tomball | DEAD: referred to House Judiciary, 3/7/07 | shield | Support | 1 | Relating to a qualified privilege of a journalist not to testify. | [Same as SB 966 by Ellis/Duncan.] Would amend Civil Practice and Remedies Code Chapter 22 by adding Subchapter C., Journalist's Qualified Testimonial Privilege. |
| 81_R | HB 2257 (read bill) | Giddings D-DeSoto | DEAD: Left pending, House Business & Industry, March 24 | public information | support | 2 | Relating to mandatory sales price disclosure in certain real property sales. | Would amend Property Code by adding Sec. 12.0012, MANDATORY SALES PRICE DISCLOSURE. Says a person may not file for record or have recorded in the county clerk’s office an instrument conveying commercial property, multifamily residential property or vacant land under a contract for sale unless the instrument discloses the sales price of the property. And, violators would be liable to the state for a civil penalty for each violation in an amount equal to 5 percent of the sales price of the property. |
| 80_R | HB 2263 (read bill) | Craig Eiland, D-Galveston | DEAD: referred to Elections, 3/7/08 | public information | Oppose | 2 | Relating to the confidentiality of home address information of certain judges. | Would amend Election Code Sec. 13.004 so that the following information furnished on a registration application is confidential and does not constitute public information: (1) a [A] social security number; (2) a [,] Texas driver's license number; (3) a [,] number of a personal identification card issued by the Department of Public Safety; (4) [, or] an indication that an applicant is interested in working as an election judge; or (5) the residence address of the applicant, if the applicant is a judge, as defined by Section 13.0021(a), and included an affidavit with the registration application under Section 13.0021 or the registrar has received an affidavit submitted under Section 15.0215 [furnished on a registration application is confidential and does not constitute public information for purposes of Chapter 552, Government Code]. (c-1) The registrar shall ensure that the information listed in Subsection (c) [a social security number, Texas driver's license number, number of a personal identification card issued by the Department of Public Safety, or an indication that an applicant is interested in working as an election judge] is excluded from disclosure. |
| 81_R | HB 2285 (read bill) | Driver R-Garland | DEAD: Left pending, House Criminal Jurisprudence, April 14 | public notice | support | 2 | Relating to the use of proceeds from the sale of certain forfeited property in a criminal trafficking case. | Would require sheriff to submit for publication in a newspaper county trafficking property damage remedial fund audit results. See p.2 line 20. |
| 81_R | HB 2295 (read bill) | McClendon D-San Antonio | DEAD: Referred to Senate Business & Commerce, May 15 | public information | oppose | 1 | Relating to the continuation and functions of the Texas Residential Construction Commission. [Same as SB 1015 by Hegar] | Would amend Property Code regarding dispute resolution information. Allows removal of final reports on dispute resolution from the commission's website. See SECTION 18, paragraph (h), which says "A final report removed by the commission under Subsection (g) is not public information subject to disclosure under Chapter 552, Government Code." |
| 81_R | HB 2301 (read bill) | Marquez D-El Paso | PASSED: Companion bill SB 1368 signed by Gov. June 19, effective Sept. 1, 2009 | public notice | oppose | 1 | Relating to the creation of a county ethics commission in certain counties. [Same as SB 1368 by Shapleigh] | Would amend Local Government Code by adding Chapter 161, COUNTY ETHICS COMMISSION IN CERTAIN COUNTIES. The chapter applies only to a county with a population of 650,000 or more that is located on the international border [El Paso County]. P.28 paragraph (b) says the Open Meetings Act does not apply to the processing, preliminary review, preliminary review hearing or resolution of a sworn complaint or motion. P.28, Sec. 161.173, CONFIDENTIALITY; OFFENSE, says proceedings at a preliminary review hearing performed by the commission, a sworn complaint, and documents and any additional evidence relating to the processing, preliminary review, preliminary review hearing or resolution of a sworn complaint or motion are confidential and may not be disclosed unless entered into the record of a formal hearing or a judicial proceeding, "except that a document or statement that was previously public information remains public information." |
| 80_R | HB 2305 (read bill) | Robert Talton, R-Pasadena | DEAD: left pending in Business & Industry, 3/27/07 | public information | Oppose | 2 | Relating to the availability under the public information law of certain documents filed with a county clerk or a district clerk. | Would amend Public Information Act, Government Code 552.117 so that (b) All documents filed with a county clerk and all documents filed with a district (1) the documents are not available on the Internet to the general public; or (2) before giving access to a document or providing a copy of a document, the county clerk or district clerk obtains and makes a permanent record of the name, address, and date of birth of the person requesting the document. Also amends Sec. 552.1175(e) to read as follows: (e) All documents filed with a county clerk and all documents filed with a district clerk are exempt from this section if: (1) the documents are not available on the Internet to the general public; or (2) before giving access to a document or providing a copy of a document, the county clerk or district clerk obtains and makes a permanent record of the name, address, and date of birth of the person requesting the document. --- At the March 27 hearing, Rep. Talton said his legislation is to found in appraisal records, and this legislation would require agencies disclosing personal information to record who is obtaining this information. Testifying in opposition: Alan Place, Texas Land and Title Association. Place said the 150 years of public records that reside in county clerks' offices are used in drafting title policies. The information is part of a secure process that banks use in writing mortgage loans. Testifying in support: Chris Jones, Combined Law Enforcement Association of Texas. Jones said HB 2305 would protect officers from prisoner retaliation, and requestors should have to identify themselves when they request a police officer's personal information. |
| 81_R | HB 2309 (read bill) | Davis D-Dallas | DEAD: Left pending, House Business & Industry, April 14 | public information | monitor | 3 | Relating to reporting of certain information regarding foreclosure sales of residential real property. [Same as SB 980 by Lucio Jr.] | See p.2, paragraph (d): "The county clerk shall submit the data collected under Section 51.0023, Property Code, to the department monthly. The department shall make the data submitted available to the public on the department's Internet website." And, see p.3 under paragraph (e): "The department shall make the report required under this subsection available to the public on the department's Internet website." |
| 79_R | HB 2312 (read bill) | Howard, R-Sugar Land | DEAD: sent to House Elections subcommittee and not heard | Public Information | Oppose | 1 | Relating to the filing of personal financial disclosure statements by municipal officers and candidates, members of the boards of trustees of school districts, and directors of sports and community venue districts. | Would amend Local Government Code so that a municipal officer who does not receive compensation for serving as an officer or a candidate for such an office is not required to file a personal financial statement. |
| 81_R | HB 2324 (read bill) | Howard R-Sugar Land | PASSED: Companion bill SB 1149 signed by Governor May 12, effective immediately | public notice | monitor | 3 | Relating to authorizing the Texas Board of Criminal Justice to sell certain real property for municipal airport expansion. [Same as SB 1149 by Hegar] | Would amend Government Code 496.0021 by allowing the Texas Board of Criminal Justice to authorize the sale of land directly to a municipality at fair market value without the requirement of a competitive/sealed bid sale. |
| 81_R | HB 2325 (read bill) | Raymond D-Laredo | DEAD: Left pending, House Licensing & Administrative Procedures, April 8 | public notice | support | 2 | Relating to local option elections to legalize or prohibit the operation of eight-liners and imposing a fee on eight-liner owners. | Would amend Election Code by adding Chapter 502, LOCAL OPTION ELECTIONS ON OPERATION OF EIGHT-LINERS. Sec. 502.023, APPLICATION FOR PETITION, requires proof of publication of the application in a newspaper of general circulation in that political subdivision. |
| 79_R | HB 2334 (read bill) | Morrison, R-Victoria | Companion bill SB 945 PASSED | Public Information | Support | 2 | Relating to the filing of a disclosure statement by a vendor or member of a governing body of a port authority or navigation district; imposing a penalty. | SAME AS SB 945 by Armbrister, signed by Governor, earliest effective date Sept. 1, 2005. Would amend Water Code so that a member of the governing body must disclose conflict of interest. |
| 81_R | HB 2334 (read bill) | Geren R-Fort Worth | PASSED: Companion bill SB 882 signed by Governor June 19, effective immediately | public information | oppose | 1 | Relating to the powers and duties of a regional tollway authority, including the establishment of an administrative adjudication hearing procedure. [Same as SB 882 by Carona] | Would amend the Public Information Act, Government Code Chapter 552 in two places. See SECTION 9, amending Goverment Code Sec. 552.116(a), by adding the audit working papers of toll road authorities to the list of governmental audit working papers not subject to disclosure. Also, SECTION 10 would amend the Public Information Act, Government Code Sec. 552.116(b)(1), so the definition of audit includes "a resolution or other action of a joint board or the governing board of a toll project entity described by Subsection (a) and includes an investigation." |
| 79_R | HB 2346 (read bill) | Raymond, D-Laredo | DEAD: referred to House Civil Practices and not heard | Public Information | Support | 2 | Relating to requiring courts to report the number of frivolous lawsuits filed each year. | Would amend Civil Practice & Remedies Code by adding Sec. 10.007, "Notice to Office of Court Administration; Dissemination of List." Says clerk of court shall provide Office of Court Administration of Texas Judicial System a copy of any signed pleading or motion that a court has determined to constitute conduct violating Section 10.001. Reports would available to the public. |
| 80_R | HB 2355 (read bill) | Senfronia Thompson, D-Houston | DEAD: referred to Regulated Industries, 3/8/07 | public notice | Oppose | 2 | Relating to re-regulation of retail electric services. | Would amend Utilities Code Sec. 34.102, Public Hearing on Final Integrated Resource Plan, so that if the PUC issues a written order for access to the books, accounts, memoranda, contracts or other records of an exempt wholesale generator or power marketer selling energy at wholesale to an electric utility, the materials obtained by the commission are confidential and not subject to disclosure under the Public Information Act. |
| 80_R | HB 2373 (read bill) | Geanie Morrison, R-Victoria | DEAD: referred to Higher Education, 3/8/07 | public notice | Support | 2 | Relating to the purchasing and contracting practices of junior college districts; providing criminal penalties. | [Same as SB 1064 by West.] Would amend Education Code Chapter 130 by allowing school districts to post competitive bidding notices on their websites instead of having them printed a in newspaper. Many sections of bill regard notice publication requirements: 130.253, 130.258, 130.260, 130.262, 130.265, 130.306, 130.308, 130.310 and 130.401. Change LAC position from 1-oppose to 2-support because of good amendment to Senate version, which is moving. |
| 80_R | HB 2376 (read bill) | Dan Gattis, R-Georgetown | PASSED: see companion SB 1447 | public information | Oppose | 2 | Relating to the investment authority of the Teacher Retirement System of Texas. | [Same as SB 1447 by Duncan.] Amends Government Code by adding Sec. 825.3011(b), Certain Consultations Concerning Investments. Creates an open meetings exception and, under paragraph (2) under (b), makes certain information confidential if discussed and/or held by the governmental body. |
| 79_R | HB 2381 (read bill) | Hegar, R-Katy | PASSED: signed by Governor; earliest effective date Sept. 1, 2005 | Public Notice | Neutral | 1 | Relating to posting on the Internet the notice of a meeting of the governing body of a county and certain districts and political subdivisions. | Would amend Open Meetings Act, Government Code 551.043, 551.049, 551.053 and 551.054, to allow posting of meeting notices on official local governmental web sites. Revised bill stipulates that Internet notice must be in addition to traditional posting. |
| 81_R | HB 2381 (read bill) | Kolkhorst R-Brenham | PASSED: Companion bill SB 704 signed by Gov. June 19, effective Sept. 1, 200 | public information | oppose | 1 | Relating to disclosure of the prices charged to state agencies in connection with pharmacy benefit manager services. [Same as SB 704 by Nelson] | See Sec. 2158.403, CONFIDENTIALITY, which says, "The information received by a state agency under Section 2158.402 is confidential and may not be disclosed to a person outside of the state agency and its agents." |
| 79_R | HB 2397 (read bill) | Solis, D-Harlingen | DEAD: referred to House Public Health and not heard | Open Meetings | Oppose | 2 | Relating to allowing certain state boards to hold hearings by telephone or similar means. | Would amend Occupations Code chapters 152 (State Board of Medical Examiners), 204 (Physician Assistants) and 205 (Acupuncture) so that public hearings may be conducted via telephone. |
| 81_R | HB 2468 (read bill) | Rodriguez D-Austin | DEAD: Left pending, House Elections, April 20 | open meetings | support | 2 | Relating to public access to the examination and approval of voting systems used in an election. | Would amend Election Code chapter 122 by requiring that examinations and reexaminations of a voting system be conducted at an open meeting and that an audiovisual recording of examinations and reexaminations must be created and made available to the public on request. |
| 79_R | HB 2476 (read bill) | Delisi, R-Temple | PASSED: signed by Governor; earliest effective date June 18, 2005 | Open Meetings | Oppose | 2 | Relating to allowing the Texas Medical Disclosure Panel to hold telephonic hearings. | Would create exception to the Open Meetings Act, that allows chair or vice chair of disclosure panel if physically present at meeting, then any number of other members of panel may attend meeting by use of telephone conference call, video conference call, or other similar telecommunication device. |
| 81_R | HB 2491 (read bill) | Patrick R-Arlington | DEAD: Referred to Senate Education, May 1 | public information | oppose | 1 | Relating to disclosure of certain personal information of applicants for employment with and current and former employees of public school entities. | Would amend Education Code by adding Sec. 22.010, DISCLOSURE OF PERSONAL INFORMATION, so that public school districts and open enrollment charter school applicants and employees must "opt-in" to authorize public access to their personal information. Would make date of birth confidential. An amendment was attached on Second Reading, making year of birth and criminal history of a serious nature subject to disclosure. |
| 79_R | HB 2511 (read bill) | Denny, R-Flower Mound | PASSED: signed by Governor; earlies effective date June 17, 2005 | Public Information | Oppose | 2 | Relating to financial disclosure by appointed state officers after leaving office. | SAME AS SB 1276 by Harris. Would amend Election Code so that an appointed officer who is still serving in office after resignation or term has expired would not have to file a financial disclosure. [Filed witness affirmation in opposition, March 30] |
| 79_R | HB 2544 (read bill) | Hamric, R-Houston | DEAD: passed House, referred to Senate Government Organization and not heard | Public Information | Support | 2 | Relating to the continuation and functions of the Texas Alcoholic Beverage Commission. | SAME AS SB 421 by Whitmire. Would amend Alcoholic Beverage Code by making sanctions against a permit holder public information. |
| 79_R | HB 2547 (read bill) | Goolsby, R-Dallas | DEAD: referred to House Higher Education and not heard | Public Information | Support | 1 | Relating to the required public notice of the name of each finalist for the position of chief executive officer of an institution of higher education. | Would amend Public Information Act exception 552.123 so that "in addition to the names of persons described by Subsection (a), the public notice required by Subsection (a) must include the name of each applicant the governing body interviewed two or more times." |
| 79_R | HB 2557 (read bill) | Kuempel, R-Seguin | DEAD: reported from House State Affairs and died in Calendars | Public Information | Oppose | 2 | Relating to the privacy of public employees under the Public Information Act. | Would amend Public Information Act so that "information is excepted from the requirements of 552.021 if it is information in a personnel file relating to the evaluation or assessment of an employee of a governmental body, except that such evaluation or assessment of an employee is to be made available to that employee or the employee's designated representative as public information is made available under this chapter. The exception to public disclosure created by this subsection is in addition to any other exception covered by this section. This subsection shall not apply to evaluations or assessments of the administrative head of a governmental body or any department or division head reporting to such individual." |
| 80_R | HB 2564 (read bill) | Kelly Hancock, R-North Richland Hills | PASSED: signed by governor; earliest effective date 6/15/07 | public information | Oppose | 2 | Relating to the authority of a governmental body to require the payment of a charge before complying with certain requests for the production of public information or for copies of public information. | Amends Public Information Act by adding Government Code Sec. 552.275, Requests That Require Large Amounts of Employee or Personnel Time. Sets new conditions on handling requests. In his testimony against the bill on April 23, Ken Whalen, Texas Daily Newspaper Association, expressed concern that governmental bodies that wish to delay release of public information requests could exploit this proposed change in the law. Burnam amendment creates an exception for requests made by newspapers. (7:17) Sen. Wentworth explained House Bill 2564. Current law provides that a governmental body is authorized to charge a fee for the production or copying of public information upon a request. However, a person or persons may make more than one request per year for the production of public information. In addition, many types of requests require a substantial amount of employee or personnel time to comply with the request. Both of these factors raise the operation costs of a governmental body. This legislation authorizes a governmental body to establish a reasonable time limit on the amount of time that personnel are required to spend producing information in compliance with a request for public information. The bill also provides a process in which the governmental body may charge a fee if the time limit required for information production is exceeded. At May 17 hearing, Whalen testified that the bill would be detrimental to open government by discouraging public information requestors. |
| 81_R | HB 2573 (read bill) | Gonzalez-Toureilles D-Beeville | DEAD: Pronounced dead by procedural action, May 14 | public notice | oppose | 1 | Relating to the amount of a county expenditure for which competitive bidding is required. [Same as SB 253 by Estes, HB 78 by Flynn and HB 117 by Heflin] | Would amend Local Government Code Chapter 262. Increases threshold for competitive bidding notice requirement to $50,000. Present threshold is $25,000. |
| 81_R | HB 2601 (read bill) | Thompson D-Houston | DEAD: Left pending, House Business & Industry, March 24 | public notice | support | 1 | Relating to notice of a foreclosure sale of real property. | Would amend Property Code by adding Sec. 51.0022, PUBLICATION OF NOTICE. Says "(a) A person required to provide notice of the sale of real property: shall publish in a newspaper of general circulation in each county in which the property is located at least once each week for four consecutive weeks beginning not earlier than the 35th day or later than the 28th day before the date of the sale notice that states the place of the sale and provides a description of the property sufficient to identify the property’s location." [March 24 hearing was in House Business & Industry Subcommittee on Texas Residential Construction Commission, Property, Landlord and Tenant Issues.] |
| 81_R | HB 2605 (read bill) | Hunter R-Corpus Christi | PASSED: Companion bill SB 835 signed by Gov, June 19, effective Sept. 1, 2009 | public notice | oppose | 2 | Relating to powers of the Port of Corpus Christi Authority of Nueces County, Texas, pertaining to land in and adjacent to Naval Station Ingleside. [Same as SB 835] | See paragraph (d), which says, "Notwithstanding any other law, and subject to the terms of this subsection, the authority may sell or lease surplus property with or without public bidding." As surplus property has value and was purchased with tax dollars, public bidding should be required. |
| 79_R | HB 2616 (read bill) | Eiland, D-Galveston | DEAD: referred to House Insurance and not heard | Open Meetings | Oppose | 2 | Relating to the operation of the Texas Windstorm Insurance Association. | SAME AS SB 1085 by Jackson. Would allow board to meet via telephone. |
| 80_R | HB 2618 (read bill) | Ryan Guillen, D-San Diego | PASSED: earliest effective date 5/25/07 | public information | Oppose | 1 | Relating to authorizing political subdivisions to lease property owned by the political subdivision to other governmental entities without following competitive purchasing procedures. | [Same as SB 1868 by Zaffirini.] Amends Local Government Code by adding Sec. 272.005, Lease of Property to Governmental Entity. Says a political subdivision would not be required to comply with competitive bidding and notice requirements presently in statute. |
| 81_R | HB 2631 (read bill) | Howard R-Sugar Land | DEAD: Referred to House Elections, March 16 | public information | oppose | 1 | Relating to the filing of personal financial disclosure statements by municipal officers and candidates, members of the boards of trustees of school districts, and directors of sports and community venue districts. | Would amend Local Government Code Sec. 145.003, Local Government Code, FINANCIAL DISCLOSURE REQUIRED. See paragraph (c) which says, "a municipal officer who does not receive compensation for serving as an officer or a candidate for such an office is not required to file a financial statement under this chapter." |
| 79_R | HB 2655 (read bill) | Krusee, R-Taylor | DEAD: set on House Calendar for May 12 and not heard | Open Meetings | Oppose | 2 | Relating to regional mobility authorities. | Would amend Transportation Code 370.262 so that board and any combination of board or staff would be allowed to meet via telephone conference call. |
| 79_R | HB 2661 (read bill) | Krusee, R-Taylor | PASSED: signed by Governor; earliest effective date June 18, 2005 | Public Information | Neutral | 3 | Relating to the use of competitive sealed proposals for certain construction projects. | Would amend Local Government Code 252.043 to authorize municipalities to use the competitive sealed proposal process for contracts of $1.5 million or less for construction of highways, roads, streets, bridges, utilities, water supply projects, water plants, wastewater plants and other public facilities. |
| 79_R | HB 2664 (read bill) | Hodge, D-Dallas | DEAD: referred to House Criminal Jurisprudence and not heard | Public Information | Oppose | 1 | Relating to the expunction of certain misdemeanor arrest records and files. | Would amend Code of Criminal Procedure Art. 55 so that a person may be entitled to have all records and files relating to the arrest of the person for the commission of a Class C misdemeanor expunged if the person: committed the Class C misdemeanor not less than five years before filing a petition for expunction with respect to the offense; and has not been convicted of or placed on deferred adjudication community supervision for any other offense after the date on which the Class C misdemeanor was committed; and is not subject to pending charges for any other offense at the time of filing the petition. |
| 81_R | HB 2672 (read bill) | Howard R-Sugar Land | DEAD: Reported as substituted, House Business & Industry, May 11 | business-related | oppose | 2 | Relating to restriction on the automatic renewal of contracts. | Would amend Business & Commerce Code by adding Chapter 606, AUTOMATIC RENEWAL OF CONTRACTS. Restricts the automatic renewal of subscriptions of newspapers and magazines. |
| 79_R | HB 2702 (read bill) | Krusee, R-Taylor | PASSED: signed by Governor; earliest effective date June 14, 2005 | Public Information | Oppose | 1 | Relating to the construction, acquisition, financing, maintenance, management, operation, ownership, and control of transportation facilities and the progress, improvement, policing, and safety of transportation in this state. | Would amend Transportation Code by adding Sec. 91.056, "Confidentiality of Information Relating to Comprehensive Development Agreements." Says that to encourage private entities to submit proposals, the following information is confidential, is not subject to disclosure, inspection, or copying under the Public Information Act, and is not subject to disclosure, discovery, subpoena, or other means of legal compulsion for its release until a final contract for a proposed project is entered into: All or part of a proposal that is submitted by a private entity for a comprehensive development agreement unless the private entity consents to the disclosure of the information; supplemental information or material submitted by a private entity in connection with a proposal for a comprehensive development agreement unless the private entity consents to the disclosure of the information or material; and information created or collected by the department or its agent during consideration of a proposal for a comprehensive development agreement. But, after the department completes its final ranking of proposals under Section 91.055(h), the final rankings of each proposal under each of the published criteria cease to be confidential. [Filed witness affirmation in opposition at April 19 hearing.] |
| 79_R | HB 2753 (read bill) | Pitts, R-Waxahachie | PASSED: signed by Governor; earliest effective date June 17, 2005 | Public Information | Oppose | 1 | Relating to the powers, duties, and functions of the Legislative Budget Board. | SAME AS SB 1617 by Ogden. Would amend Government Code Sec. 322.019 so that "Communications, including conversations, correspondence, and electronic communications, between a member of the legislature or the lieutenant governor and an assistant or employee of the board that relate to a request by the official for information, advice, or opinions from an assistant or employee of the board are confidential. Information, advice, and opinions given privately by an assistant or employee of the board to a member of the legislature, or the lieutenant governor, acting in the person's official capacity, are confidential. However, the member or lieutenant governor may choose to disclose all or a part of the communications, information, advice, or opinions to which this section applies, and such a disclosure does not violate the law of this state." |
| 80_R | HB 2754 (read bill) | Rafael Anchia, D-Dallas | PASSED: signed by governor; earliest effective date 9/1/07 | public notice | Oppose | 1 | Relating to the regulation of state banks and state trust companies. | [Same as SB 1545 by Fraser.] In Section 7 of the bill, amends Finance Code 32.501(c) by killing newspaper notice. Sec. 16 amends Finance Code 182.501(c) by killing newspaper notice of applicant's intention to merge or convert state bank or trust company before the 31st day before the date of the proposed transaction. |
| 81_R | HB 2754 (read bill) | Castro D-San Antonio | DEAD: Left pending, House Public Safety, April 27 | public information | support | 2 | Relating to a central database containing information about certain offenders who have committed offenses involving family or dating violence. | Would amend Government Code by adding Sec. 411.1355, CENTRAL DATABASE OF OFFENDERS WHO HAVE COMMITTED OFFENSES INVOLVING FAMILY VIOLENCE. A computerized central database containing information regarding persons who on three or more occasions have been convicted of an offense for which an affirmative finding of family violence was made. The database is public information. Contains full name, each alias used, date of birth, last known address, physical description and recent photograph, list of offenses, actions taken by the state. |
| 79_R | HB 2758 (read bill) | Bonnen, R-Angleton | DEAD: left pending in House Environmental Regulation | Open Meetings | Oppose | 1 | Relating to certain permitting procedures of the Texas Commission on Environmental Quality. | SAME AS SB 1542 by Armbrister. Would amend Water Code and other statutes so that "notwithstanding other law, public notice of a contested case hearing that the commission grants under this section is not required. Notice of a hearing that the commission grants under this section is required to be provided only to the applicant, the office of public interest counsel, the executive director, and the person who requested the hearing." |
| 79_R | HB 2771 (read bill) | Farabee, R-Wichita Falls | DEAD: referred to House Public Education and not heard | Public Information | Oppose | 2 | Relating to the confidentiality and disclosure of certain information related to an investigation conducted by the State Board for Educator Certification. | Would amend Education Code 21.062 so that a final sanction by the board "is a formal, unpublished censure not intended to appear in the educator's official certification records." |
| 80_R | HB 2775 (read bill) | Dan Gattis, R-Georgetown | DEAD: referred to Transportation, 3/14/07 | public information | Support | 1 | Relating to the public and governmental oversight of the design, financing, construction, and operation of the Trans-Texas Corridor project. | [Same as SB 1374 by Carona.] Would amend Transportation Code by adding sections 227.005, Public Access to Information, and 227.006, Posting Information Relating to Trans-Texas Corridor. |
| 80_R | HB 2801 (read bill) | Juan Garcia, D-Corpus Christi | DEAD: referred to State Affairs, 3/14/07 | public information | Support | 1 | Relating to requiring a record vote by each house or committee of the legislature on bills, proposed constitutional amendments, amendments to bills and proposed constitutional amendments, and certain other actions and to public notice of the record vote. | Would amend Government Code by adding Sec. 301.035, Record Vote on Bills and Other Measures and Actions Required. Requires record votes on Second Reading and Third Reading, on amendments to bills, on confirmation of an appointment or nomination to public office. Votes taken in committee must be recorded in committee minutes and posted on the Internet within 24 hours; votes taken on the House or Senate floor must be recorded in the journals and must be posted on the Internet within one hour. |
| 81_R | HB 2822 (read bill) | Flores D-Mission | DEAD: Referred to Senate Transportation & Homeland Security, May 6 | open meetings | support | 2 | Relating to requiring a regional mobility authority to post on its website the full agenda packet for a meeting of the authority. | Would amend Open Meetings Act, Government Code chapter 551, by adding paragraph (c) to Sec. 551.056. Says "A regional mobility authority described by Subsection (c)(6) must also concurrently post the full agenda packet for the meeting of the board of directors on the Internet website of the regional mobility authority. For purposes of this subsection, the full agenda packet includes all correspondence, contracts, documents, analyses, maps, minutes, and other documents provided to the members of the board of directors to allow the members to prepare for the meeting." |
| 80_R | HB 2828 (read bill) | Larry Taylor, R-League City | DEAD: referred to Senate Transportation & Homeland Security, 5/14/07 | public information | Oppose | 2 | Related to the release of a motor vehicle accident report or certain information in a motor vehicle accident report. | [Same as SB 1208 by Carona.] Would amend Transportation Code 550.065, Access to Motor Vehicle Accident Reports. Sets new conditions for release of information. Allows information to be released to a newspaper, but not to an ordinary citizen who requests the information. |
| 79_R | HB 2851 (read bill) | Uresti, D-San Antonio | DEAD: left pending in House Human Services | Public Information | Support | 2 | Relating to access to records maintained by the Department of Family and Protective Services. | Would amend Family Code with requirement that Department of Human Services must provide to a public requestor information concerning reported abuse or neglect that would otherwise be confidential under this section if the department has edited the information to protect the identity of the person who made the report, the child who is the subject of the report, and any other person whose life or safety may be endangered by the disclosure. [Submitted witness affirmation in support, April 14.] |
| 79_R | HB 2854 (read bill) | Uresti, D-San Antonio | DEAD: re-referred to House State Affairs and not heard | Public Information | Oppose | 1 | Relating to the creation of an office of inspector general at certain state agencies. | SAME AS SB 1651 by Staples. Would create Government Code Ch. 2115, "Inspectors General." All information and material compiled by an inspector general during an investigation or audit would be confidential and not subject to disclosure, discovery, subpoena or other means of legal compulsion for release to anyone other than the office or its agents. |
| 81_R | HB 2859 (read bill) | Miller R-New Braunfels | PASSED: Signed by Governor, June 19, effective immediately | public notice | oppose | 2 | Relating to notice requirements for a county selling surplus or salvage property. | Would amend Local Government Code Sec. 263.153 by adding Subsection (c) making it so no public notice need be published in a newspaper, for sale of county property through an auctioneer who uses an Internet auction site offering online bidding to sell surplus or salvage property. Requires internet notice only. |
| 79_R | HB 2876 (read bill) | Callegari, R-Houston | PASSED: signed by Governor; earliest effective date Sept. 1, 2005 | Public Notice | Oppose | 1 | Relating to certificates of public convenience and necessity for water service and sewer service. | Would amend Water Code Sec. 13 by killing publication requirement for public notice of an eminent domain action by a municipality. |
| 81_R | HB 2890 (read bill) | Martinez D-Weslaco | DEAD: Referred to House State Affairs, March 17 | public information | oppose | 1 | Relating to the disclosure by a member of the legislature or the lieutenant governor of certain information concerning a resident of this state to a governmental body. | Would amend Government Code chapter 306, with what appears to be whistleblower protection. Gives lawmakers and the lieutenant governor the authority to keep confidential: [1] the name of a citizen they have communicated with and [2] information contained in the in the communication that identifies that citizen. |
| 81_R | HB 2909 (read bill) | Marquez D-El Paso | DEAD: Reported favorably, House State Affairs, April 29 | public information | monitor | 3 | Relating to allowing a governmental body to redact certain personal information under the public information law without necessity of requesting a decision from the attorney general and calculation of certain deadlines under the public information | Would amend the Public Information Act, Government Code 552, by allowing a governmental body to redact information from documents without requesting a decision from the attorney general as to whether the information is public information. Affected subsections of the Public Information Act: 552.130, EXCEPTION: MOTOR VEHICLE RECORDS; 552.136, CONFIDENTIALITY OF CREDIT CARD, DEBIT CARD, CHARGE CARD and ACCESS DEVICE NUMBERS; 552.137, CONFIDENTIALITY OF CERTAIN E-MAIL ADDRESSES; and 552.138, EXCEPTION: FAMILY VIOLENCE SHELTER CENTER AND SEXUAL ASSAULT PROGRAM INFORMATION. |
| 79_R | HB 2910 (read bill) | John Davis, R-Houston | DEAD: left pending in House Law Enforcement | Public Information | Oppose | 1 | Relating to limiting the inspection of and the public disclosure or release of certain autopsy reports held by a justice of the peace or a medical examiner. | SAME AS SB 1274 by Jackson. Would amend Government Code chapter 27 and Code of Criminal Procedure Art. 49 by making autopsies of homicide victims confidential unless obtained by subpoena. |
| 81_R | HB 2927 (read bill) | Howard D-Austin | PASSED: Signed by Governor, June 19, effective Sept. 1, 2009 | public information | support | 2 | Relating to the regulation of cemeteries by state and local government. | Would amend Health & Safety Code. See 711.036, paragraph (b) on p.6. Says an owner of land adjacent to a cemetery for which a cemetery organization does not exist may petition a district court of the county in which the cemetery is located to remove the dedication for all or any portion of the cemetery. In addition to the notice required by Section 711.004, notice of a petition filed under this subsection must be given to the Texas Historical Commission and to the county historical commission of the county in which the cemetery is located. The Texas Historical Commission and the county historical commission may intervene and become parties to the suit. Unknown next of kin of deceased persons buried in the cemetery shall be served by publication of a notice in a newspaper of general circulation in the county in which the cemetery is located, or if there is not a newspaper of general circulation in the county, in a newspaper of general circulation in an adjacent county. All remains and monuments must be removed from the cemetery or that portion of the cemetery for which the dedication is to be removed. |
| 81_R | HB 2948 (read bill) | Miller R-New Braunfels | DEAD: Left pending, House Transportation, April 2 | public notice | support | 2 | Relating to the regulation of off-premises signs in the unincorporated area of a county. [Same as SB 1622 by Wentworth] | Would amend Local Government Code by adding Sec. 240.908, REGULATION OF OFF-PREMISES SIGNS. Says the commissioners court of a county by order may prohibit the erection of off-premises signs along roads in the unincorporated area of the county. The commissioners court may not require the relocation, reconstruction, or removal of an off-premises sign in existence on the effective date of this section. And, before issuing such an order, the commissioners court shall hold a public hearing on the proposed order. Before the 15th day before the date of the hearing, the commissioners court must publish notice of the hearing in a newspaper of general circulation in the county. |
| 81_R | HB 3009 (read bill) | Coleman D-Houston | PASSED: Signed by Governor, June 19, effective immediately | public notice | support | 2 | Relating to the authority of municipal management districts to consolidate. [Same as SB 2040 by Ellis] | Would amend Local Government Code by adding SUBCHAPTER P, CONSOLIDATION OF DISTRICTS. See p.2, Sec. 375.353, NOTICE AND HEARING ON CONSOLIDATION. "(a) Each district’s board shall publish notice and hold a public hearing in its district regarding the terms and conditions for consolidation of the districts. Such notice shall be published at least once in a newspaper with general circulation in the affected districts at least seven (7) days prior to the hearing." |
| 80_R | HB 3013 (read bill) | Valinda Bolton, D-Austin | DEAD: not heard in State Affairs, 4/30/07 | public information | Oppose | 1 | Relating to the charges for certain public information maintained by a governmental body. | Would amend Public Information Act by adding Government Code 552.275, Charge for Requests Requiring Large Amounts of Staff and Personnel Time. Places new conditions on handling of requests. |
| 81_R | HB 3048 (read bill) | Farias D-San Antonio | DEAD: Left pending House Elections, April 27 | public information | support | 2 | Relating to the availability on the Internet of reports of political expenditures and contributions filed in connection with certain county and municipal offices. | Would amend Election Code Sec. 254.0401, Election Code by adding Subsections (a-1) and (c), as follows: (a-1) Each county clerk shall make a report filed with the clerk under this subchapter in connection with a county office or the office of county commissioner available to the public on the county’s Internet website not later than the second business day after the date the report is filed. (c) The clerk of a municipality with a population of 500,000 or more shall make a report filed with the clerk under this subchapter in connection with the office of mayor or member of the municipality’s governing body available to the public on the municipality’s Internet website not later than the second business day after the date the report is filed. |
| 79_R | HB 3078 (read bill) | Naishtat, D-Austin | DEAD: referred to House State Affairs and not heard | Public Information | Support | 1 | Relating to requiring a record vote by each house or committee of the legislature on bills, proposed constitutional amendments, amendments to bills and proposed constitutional amendments, and certain other actions and to public notice of the record vote. | SAME AS SB 1140 by Carona. Would amend Government Code by adding 301.065 requiring record votes on all bills before each house or committe of the Legislature. |
| 79_R | HB 3090 (read bill) | Jones, R-Lubbock | DEAD: reported from House State Affairs and died in Calendars | Open Meetings | Oppose | 1 | Relating to authority to conduct a closed meeting to discuss certain personnel matters involving a municipal advisory body. | Would amend Open Meetings Act, Government Code Sec. 551.0745, "Personnel Matters Affecting County or Municipal Advisory Body; Closed Meeting." Says county commissioners court or governing body of municipality need not conduct an open meeting to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a member of an advisory body; or to hear a complaint or charge against a member of an advisory body. But, says this does not apply if the individual who is the subject of the deliberation or hearing requests a public hearing. |
| 79_R | HB 3093 (read bill) | Peńa, D-Edinburg | PASSED: signed by Governor; earliest effective date Sept. 1, 2005 | Public Information | Oppose | 2 | Relating to ex parte petitions for the expunction of criminal records and files. | Would amend Code of Criminal Procedure Art. 55 to allow expunction of criminal records and files under certain conditions. Could enable DPS to take advantage of the law by expunging their own employees' criminal records. |
| 81_R | HB 3093 (read bill) | Harless R-Spring | DEAD: Withdrawn, House Land & Resource Management, April 8 | public notice | support | 2 | Relating to the authority of certain counties to adopt commercial development regulations for unincorporated areas of the county. | Would amend Local Government Code. See Sec. 231.455, PROCEDURE GOVERNING ADOPTION OF REGULATIONS. Says a commercial development regulation under this subchapter is not effective until the regulation is adopted by the commissioners court after a public hearing. Before the 15th day before the date of the hearing, the commissioners court must publish notice of the hearing in a newspaper of general circulation in the county. |
| 79_R | HB 3170 (read bill) | Geren, R-Fort Worth | DEAD: left pending in House Government Reform | Open Meetings | Neutral | 3 | Relating to legislative review and gubernatorial suspension of certain rules of state agencies. | Would amend Government Code. Sec. 2001.0321(e) so that "Any deliberation among the members of the committee must be in writing, occur in public meeting, or occur in a telephone conference call ... ." |
| 81_R | HB 3186 (read bill) | McCall R-Plano | PASSED: Signed by Governor, June 19, effective Sept. 1, 2009 | public information | monitor | 3 | Relating to the collection and use of biometric identifiers. | Would amend Business & Commerce Code 503 by requiring a law enforcement agency to destroy a biometric identifier within a reasonable time not to exceed the first anniversary of the date the purpose for collecting the identifier expires. See paragraph (3). |
| 80_R | HB 3189 (read bill) | Charlie Howard, R-Sugar Land | DEAD: voted favorably from Senate Finance, 5/18/07 | public notice | Support | 2 | Relating to the notice of the public hearings to be held on a proposal to increase the total ad valorem tax revenues of a taxing unit. | Would amend Tax Code 26.06 in various places, affecting content of public notice. |
| 80_R | HB 3193 (read bill) | Fred Hill, R-Richardson | DEAD: referred to Senate Finance, 4/24/07 | open meetings | Oppose | 1 | Relating to the circumstances under which an appraisal review board hearing shall be closed to the public. | Would amend Tax Code Section 41.66 by adding subsections (d-1) and (d-2) to read as follows: (d) Except as provided by Subsection (d-1), hearings conducted as provided by this chapter are open to the public. (d-1) A hearing shall be closed to the public if: (1) information made confidential under Section 22.27 or other law will be disclosed at the proceeding; and (2) a party to the hearing requests that the hearing be closed to the public. (d-2) If the hearing is closed to the public includes information made confidential under Section 22.27 or other law is confidential and may be disclosed only in accordance with the law governing the confidential information. |
| 81_R | HB 3212 (read bill) | Edwards D-Houston | DEAD: Referred to House Criminal Jurisprudence, March 18 | public information | oppose | 1 | Relating to the automatic expunction of certain criminal records. | Would amend Code of Criminal Procedure Art. 55 so that a trial court would be required to issue an expunction order for a person entitled to expunction because: (1) the person was acquitted; (2) the person was pardoned; or (3) the offense was dismissed. |
| 79_R | HB 3245 (read bill) | Homer, D-Paris | DEAD: left pending in House State Affairs | Open Meetings | Neutral | 1 | Relating to allowing a governmental body to discuss matters regarding computer security in a closed meeting. | Would amend Open Meetings Act, Government Code 551.076, to allow closed sessions regarding matters relating to computer security or the security of other information resources technologies. [Conditions for closed session should be limited and specific.] |
| 80_R | HB 3248 (read bill) | Debbie Riddle, R-Houston | DEAD: referred to Senate IGR, 5/15/07 | open meetings | Support | 2 | Relating to the transfer or exclusion of territory in emergency service districts. | Would amend Health & Safety Code chapter 775, requiring public hearings and proper notice. |
| 81_R | HB 3265 (read bill) | Rose D-Dripping Springs | DEAD: Reported as substituted, House County Affairs, April 27 | public notice | support | 2 | Relating to granting Hill Country counties regulatory authority and the authority to impose certain development fees. | Would add two new requirements for public notice to be published in newspaper. See pp.7,11. |
| 81_R | HB 3278 (read bill) | Phillips R-Sherman | DEAD: Left pending, House Transportation, March 24 | public notice | support | 2 | Relating to the creation, organization, governance, duties and functions of the Texas Department of Vehicles. [Same as SB 626 by Carona] | On p.14, see Sec. 1003.005, NEWSPAPER PUBLICATION. Says "Except as otherwise provided by law, a notice or other matter that this code or other law requires the board or the department to publish must be published for three successive weeks in two newspapers that: (1) are printed in this state; and (2) have a general circulation in this state." |
| 81_R | HB 3298 (read bill) | Strama D-Austin | DEAD: Referred to House State Affairs, March 18 | open meetings | oppose | 2 | Relating to the requirement to post notice of the subject of a meeting under the open meetings law as it relates to informal discussion of a social, ceremonial, or community event. | Would amend Public Information Act by adding Government Code Sec. 551.0415, INFORMAL DISCUSSION OF SOCIAL, CEREMONIAL OR COMMUNITY EVENT. Allows quorum of a governmental body to informally discuss a social, ceremonial or community event during a meeting without giving notice if: (1) the informal discussion concerns matters unrelated to public business conducted by the governmental body; and (2) the quorum of the governmental body complies with Section 551.042 with regard to any public business incidental to the social, ceremonial, or community event that arises during the discussion. (b) The following matters are considered unrelated to public business for purposes of Subsection (a)(1): (1) expressions of condolence; (2) a reminder about an upcoming event sponsored by the governmental body; (3) an honorary or salutary recognition of a public official, public employee, or other citizen, except that a discussion regarding a change in the status of a person’s public office or public employment is not an honorary or salutary recognition for purposes of this subdivision; and (4) a discussion regarding a public official’s attendance at an upcoming social, ceremonial or community event. |
| 81_R | HB 3306 (read bill) | Bonnen R-Angleton Jackson R-Pasadena | PASSED: Signed by Governor, June 19, effective Sept. 1, 2009 | public notice | oppose | 1 | Relating to the removal and disposal of certain vessels and structures in or on coastal waters. | Removes publication requirement for public notice in newspaper in favor of web notice, p.4 paragraph (2). |
| 81_R | HB 3312 (read bill) | Gonzales D-McAllen | PASSED: Companion bill SB 1685 by Hinojosa signed by Gov., effective immediately | public notice | support | 2 | Relating to the creation of a district court records technology fund. [Same as SB 1685 by Hinojosa] | Would amend Government Code by adding Sec. 51.305, DISTRICT COURT RECORDS TECHNOLOGY FUND. See paragraph (f) which says the district clerk in a county that adopts a fee under this section shall prepare an annual written plan for the preservation and restoration of the district court records archive. The commissioners court shall publish notice of a public hearing on the plan in a newspaper of general circulation in the county not later than the 15th day before the date of the hearing. |
| 81_R | HB 3369 (read bill) | Rose D-Dripping Springs | DEAD: Left pending, House Elections, March 30 | newsgathering | support | 1 | Relating to the use of prohibited electronic devices at polling locations. | Allows members of the news media to use electronic devices at polling places. |
| 81_R | HB 3399 (read bill) | Darby R-San Angelo | DEAD: Left pending, House Criminal Jurisprudence, April 6 | public information | oppose | 1 | Relating to the right of a person convicted of a Class A misdemeanor to seek an expunction of arrest records and files relating to the offense. | Would amend Code of Criminal Procedure Art. 55.01(a), so that a person may petition a court to have their arrest records and files expunged if convicted only of a Class A misdemeanor and not an offense under Title 5, Penal Code [crimes against the person: criminal homicide, kidnapping and unlawful restraint, trafficking of persons, sexual offenses, assaultive offenses]. |
| 80_R | HB 3430 (read bill) | Mark Strama, D-Austin | PASSED: signed by governor; earliest effective date 10/1/07 | public information | Support | 1 | Relating to creating a single, searchable central database on Texas Online containing information on all state expenditures. | Amends Government Code by adding Sec. 2054.064, Searchable State Funding Database. |
| 80_R | HB 3462 (read bill) | Ken Paxton, R-McKinney | DEAD: no action taken in State Affairs, 4/4/07 | public information | Oppose | 2 | Relating to excepting certain information from required disclosure under Chapter 552, Government Code. | Would amend Public Information Act by adding Government Code 552.148, Exception: Records of Appraisal District Received From Private Entity. Excepts information relating to real property sales prices, descriptions, characteristics, and other related information received from a private entity by the comptroller or the chief appraiser of an appraisal district under Chapter 6, Tax Code, [Appraisal Districts, Local Administration]. |
| 81_R | HB 3481 (read bill) | Veasey D-Fort Worth | DEAD: Referred to House Criminal Jurisprudence, March 19 | public information | oppose | 1 | Relating to the right to an expunction of records and files relating to a person's arrest. [Same as SB 920 by Harris] | Would amend Code of Criminal Procedure Art. 55 by allowing expunction of a criminal record if an indictment or information charging the person with commission of a felony was dismissed or quashed under certain conditions. Expunction of criminal record information destroys patterns that later may be discernable, e.g., malicious prosecution, inadequate defense, wrongful conviction. |
| 81_R | HB 3487 (read bill) | Coleman D-Houston | DEAD: Recommended for Senate Local / Uncontested Calendar, May 18 | public notice | oppose | 1 | Relating to the purchasing and contracting authority of counties. | Would amend Local Government Code Chapter 262, PURCHASING AND CONTRACTING AUTHORITY OF COUNTIES. Cuts back competitive bidding public notices from two notices to one. The one notice would be an abbreviated notice that redirects readers to a website. See paragraph (b-1) on p.12. |
| 80_R | HB 3506 (read bill) | Trey Martinez-Fischer, D-San Antonio | PASSED: see companion SB 1765 | public notice | Oppose | 1 | Relating to the authority of a municipality to enter into contracts without competitive bidding; making conforming changes. | [Same as SB 1765 by Watson.] Amends Local Government Code Sec. 252.021 (a) by raising threshold for notice of competitive bidding from $25,000 to $50,000. |
| 80_R | HB 3516 (read bill) | Brandon Creighton, R-Conroe | DEAD: left pending in County Affairs, 4/4/07 | public notice | Oppose | 1 | Relating to publication of notice for certain transactions involving local governmental entities. | Would amend Public Information Act, Government Code 252.041(a) so that competitive bid notices would only have to be published once. Present law requires the notices to be published twice. |
| 81_R | HB 3522 (read bill) | Ortiz Jr. D-Corpus Christi | PASSED: Companion bill SB 1182 signed by Governor June 19 | public information | support | 2 | Relating to the open records steering committee, reports by the attorney general on costs of copies, and certain deadlines, costs and suits filed under the public information law. [Same as SB 1182 by Wentworth] | Would amend the Public Information Act, Government Code 552.009, OPEN RECORDS STEERING COMMITTEE: ADVICE TO ATTORNEY GENERAL; ELECTRONIC AVAILABILITY OF PUBLIC INFORMATION. See SECTION 6 of the bill, amending Sec. 552.324, SUIT BY GOVERNMENTAL BODY. Says "(a) The only suit a governmental body may file seeking to withhold information from a requestor is a suit that: (1) is filed in a Travis County district court against the attorney general in accordance with Section 552.325; and (2) seeks declaratory relief from compliance with a decision by the attorney general issued under Subchapter G." [Subchapter G is the process for requesting an open records decision from the attorney general.] |
| 80_R | HB 3555 (read bill) | Solomon Ortiz Jr., D-Corpus Christi | DEAD: referred to Government Reform, 3/21/07 | public notice | Oppose | 1 | Relating to the procedures for awarding certain contracts financed by certificates of obligation. | Would amend Local Government Code 271.054 so that competitive bidding may be published by an alternate means, meaning, other than in a newspaper. |
| 80_R | HB 3559 (read bill) | David Swinford, R-Amarillo | PASSED: see companion SB 1833 | open meetings, public notice | Oppose | 1 | Relating to the administration and powers of the Canadian River Municipal Water Authority. | [Same as SB 1833 by Duncan.] Allows the Authority's board of directors or committees to conduct meetings by telephone conference call, video conference call, or through communications over the Internet in accordance with the Open Meetings Act. Allows an authorized closed meeting to "include officers and employees of constituent cities of the district and other persons the board determines to be necessary or helpful." Also, the bill strikes language requiring competitive bidding notices. |
| 81_R | HB 3596 (read bill) | Parker R-Flower Mound | DEAD: Not heard, House Ways & Means, May 4 | public information | oppose | 1 | Relating to a prohibition on the public disclosure of information in appraisal records that identifies a property owner. | Would amend Tax Code by adding Sec. 25.028, CONFIDENTIALITY OF INFORMATION IDENTIFYING PROPERTY OWNER. Says personal identifying information in appraisal records is confidential and available only for the official use of the appraisal district, this state, the comptroller, and taxing units and political subdivisions of this state if: (1) the information identifies a property owner; and (2) the property owner chooses to restrict public access to the information on the form prescribed for that purpose by the comptroller. |
| 81_R | HB 3601 (read bill) | Paxton R-McKinney | DEAD: Referred to House County Affairs, March 19 | public notice | monitor | 3 | Relating to the authority of a county clerk to post official and legal notices by electronic display. | Would amend Local Government Code by adding Subchapter B, MISCELLANEOUS POWERS AND DUTIES, Sec. 82.051, ELECTRONIC DISPLAY OF OFFICIAL AND LEGAL NOTICES BY COUNTY CLERK. Says "(a) In this section, "electronic display" includes a display by the use of an electronic kiosk, electronic bulletin board, or other similar device designed to provide readily accessible information. (b) A county clerk may post an official and legal notice by electronic display instead of posting a physical document. An electronic display of information posted under this section must meet the location, time, and accessibility requirements provided by law for the posting of the notice." |
| 81_R | HB 3641 (read bill) | Miller R-New Braunfels | DEAD: Referred to House State Affairs, March 19 | public information | oppose | 1 | Relating to the preservation of effective responses to requests for information pursuant to the public information law. | Would amend the Public Information Act, Government Code 552, by creating a process to deal with "abusive requestors." An abusive requestor is defined as a citizen who has made at least five requests for public information in the past seven years that the government has deemed abusive, harassing or wasting public funds and time of public employees. |
| 80_R | HB 3649 (read bill) | Alma Allen, D-Houston | DEAD: reported favorably from State Affairs, 4/26/07 | public information | Oppose | 2 | Relating to the exception of an audit working paper of a school district from required disclosure under the public information law. | [Same as SB 1854 by Gallegos.] Would amend Public Information Act, Government Code 552.116(a), so that an audit working paper of a school district is excepted from disclosure. Also would amend 552.116(b)(1) so that a resolution or other action of a board of trustees of a school district will be treated as an audit working paper. |
| 81_R | HB 3690 (read bill) | Jackson R-Carrollton | DEAD: Referred to House Ways & Means, March 19 | business-related | oppose | 1 | Relating to the imposition of the sales and use tax. | Amends Tax Code. Repeals Tax Code 151.319, Newspapers and Property Used in Newspaper Publications. See repealer, lines 19 and 20 on p.3. |
| 80_R | HB 3744 (read bill) | Ruth Jones McClendon, D-San Antonio | PASSED: see companion SB 61 | open meetings | Neutral | 3 | Relating to the performance of the functions of the governing body of a political subdivision in the event of a disaster. | [Same as SB 61 by Zaffirini.] Amends Government Code by adding Sec. 418.111 allowing a governing body of a political subdivision to adopt a plan for the continuity of functions of the political subdivision during a declared disaster or other catastrophic event. Also adds Sec. 418.112, allowing a governing body to meet and deliberate in less than a quorum during a declared disaster or other catastrophic event. The terms "declared disaster" and "other catastrophic event" need to be precisely defined. [Zaffirini's staff confirmed that the definition of a declared disaster is one that has been declared by the governor, not by a local official.] |
| 80_R | HB 3767 (read bill) | Jim Keffer, R-Eastland | DEAD: left pending in Ways & Means, 5/1/07 | public information | Oppose | 1 | Relating to state fiscal matters. | [Same as SB 1848 by Duncan.] See sections 19-27 of this bill, adding date of birth, social security number and personal family information to opt-out provisions in the Public Information Act for current and former employees an officials of a governmental body. Current law only restricts public access to address and telephone number. At April 18 hearing, Dallas Morning News registered in opposition, and cited public access to DOBs was necessary to identify convicts in coverage of the Texas Youth Commission scandal. |
| 80_R | HB 3825 (read bill) | Geanie Morrison, R-Victoria | PASSED: see companion SB 1619 | public information | Oppose | 1 | Relating to unemployment compensation information confidentiality. | [Same as SB 1619 by Lucio.] Amends Labor Code chapter 301, so that an individual's unemployment compensation information kept by the Texas Workforce Commission is no longer public information. |
| 81_R | HB 3886 (read bill) | Vaught D-Dallas | DEAD: Reported favorably, House Criminal Jurisprudence, April 24 | public information | monitor | 3 | Relating to the release of an affidavit presented to a magistrate in support of the issuance of an arrest warrant. | Would amend Code of Criminal Procedure Art. 15.26, AUTHORITY TO MAKE ARREST MUST BE MADE KNOWN. Says "If the affidavit was presented in support of an arrest warrant for more than one person, the magistrate’s clerk shall make the affidavit available for public inspection in the clerk’s office during normal business hours immediately after the execution of all warrants for which the affidavit was presented in support." |
| 81_R | HB 3903 (read bill) | Ortiz Jr. D-Corpus Christi | DEAD: Withdrawn from May 12 House Local Calendar | public notice | support | 2 | Relating to county contracts with private entities for jail facilities. | Would amend Local Government Code Sec. 351.101, AUTHORITY TO CONTRACT, re: the commissioners court of a county, with the approval of the sheriff of the county, may contract with a private organization to place inmates in a detention facility operated by the organization. Says "(c) Before entering into a contract under this section, the commissioners court shall hold a public hearing in each commissioners precinct to allow the public to make comments regarding the proposed contract. Not later than the 30th day before the date of a hearing, the commissioners court shall publish notice of the time and place of the hearing in a newspaper of general circulation in the county. Also would add Sec. 351.106, OPEN RECORDS. Says "Information collected, assembled, or maintained by a private entity that is not a governmental body in connection with the operation, maintenance, repair or construction of a detention facility or related facility operated under contract with the county under this subchapter is subject to Chapter 552, Government Code, in the same manner as information collected, assembled, or maintained by a governmental body, but only if the information is related to the operation, maintenance, repair, or construction of the facility." |
| 81_R | HB 3904 (read bill) | Paxton R-McKinney | DEAD: Referred to House State Affairs, March 23 | public information | monitor | 3 | Relating to personal confidential information accessed by an employee of a state governmental body. | See Sec. 559.011 on p.2: "The attorney general shall adopt rules for use by each state governmental body to control access to personal confidential information collected or maintained by that state governmental body." See Sec. 559.012, DIRECTOR OF PRIVACY, on p.3: "Each state governmental body shall designate an employee as the director of privacy." See Sec. 559.014, PROTECTION OF INFORMATION, on p.5: "Each state governmental body shall require passwords to access personal confidential information that is maintained in an electronic format." |
| 81_R | HB 3919 (read bill) | Pena D-Edinburg | PASSED: Similar bill, HB 670 signed by Governor May 13, effective immediately | Free Flow | support | 1 | Relating to a qualified privilege of a journalist not to testify in an administrative, executive, legislative, or civil judicial proceeding. [Similar bills: HB 670 by Martinez-Fischer; SB 915 by Ellis and Duncan; and HB 1885, also by Pena] | Would amend Civil Practice and Remedies Code by adding Subchapter C, JOURNALIST’S QUALIFIED TESTIMONIAL PRIVILEGE IN ADMINISTRATIVE, EXECUTIVE, LEGISLATIVE, OR CIVIL JUDICIAL PROCEEDINGS. See Sec. 22.022, PURPOSE. The purpose of this subchapter is to increase the free flow of information and preserve a free and active press and protect the right of the public to effective law enforcement and the fair administration of justice. |
| 81_R | HB 3928 (read bill) | Guillen D-Rio Grande City | DEAD: Left pending, House Defense & Veterans Affairs, April 8 | public notice | support | 2 | Relating to proof of ownership of homestead property after a disaster. | Would amend Government Code by adding Sec. 418.198, PROOF OF OWNERSHIP OF HOMESTEAD. Public notice requirement pp. 2-3. |
| 81_R | HB 3943 (read bill) | Howard R-Sugar Land | DEAD: Reported as substituted, House State Affairs, May 11 | public notice | oppose | 1 | Relating to the requirement to post notice of the subject of a meeting under the open meetings law as the requirement relates to reports about items of community interest at a city council meeting. | Would amend Open Meetings Act by adding Government Code Sec. 551.0415. GOVERNING BODY OF MUNICIPALITY: REPORTS ABOUT ITEMS OF COMMUNITY INTEREST REGARDING WHICH NO ACTION WILL BE TAKEN. Says a quorum of the governing body of a municipality may receive from municipal staff and a member of the governing body may make a report about items of community interest during a meeting of the governing body without having given notice of the subject of the report as required by this subchapter if no action is taken and, except as provided by Section 551.042, possible action is not discussed regarding the information provided in the report. |
| 81_R | HB 4034 (read bill) | McCall R-Plano | DEAD: Left pending, House Ways & Means, May 4 | public information | support | 2 | Relating to the publication by an appraisal district on the district’s Internet website of certain information regarding real property appraised by the district. | Would amend Tax Code. See Sec. 25.028, PUBLICATION ON INTERNET OF INFORMATION REGARDING PROPERTY CATEGORIES. Applies only to an appraisal district that: (1) owns, operates, or controls an Internet website; and (2) publishes on the website information from the most recently approved appraisal roll that: (A) includes a description of each parcel of real property included in the appraisal roll and the appraised value of the property; and (B) is searchable according to the account number of the property, the physical address of the property or the name of the owner of the property. Says "(b) The information published on the website must also include: (1) a description of each category to which the appraisal district assigns real property for the purpose of appraising property for taxation; and (2) the category of each parcel of real property included in the appraisal roll. |
| 81_R | HB 4037 (read bill) | Merritt R-Longview | DEAD: Referred to Senate Criminal Justice, May 13 | public information | oppose | 2 | Relating to the confidentiality of information related to certified handgun instructors. | Would allow DPS to release a list of certified handgun instructors that includes the instructor’s name, phone number, email, and website address and make that information available to the public on the DPS website on or before June 1, 2010. See paragraph (e) allowing an instructor on the list to opt out of the release of their information. |
| 81_R | HB 4074 (read bill) | Chavez D-El Paso | DEAD: Referred to House State Affairs, March 23 | public notice | monitor | 3 | Relating to the requirement that governmental public notices be published in Spanish-language newspapers. | Would amend Government Code by adding Chapter 561, PUBLICATION OF PUBLIC NOTICES IN SPANISH-LANGUAGE NEWSPAPER. Sets requirements for political subdivisions, counties and state agencies, depending on percentage of population of Hispanic origin or the presence of a Spanish language newspaper in the district. |
| 81_R | HB 4108 (read bill) | Martinez-Fischer D-San Antonio | DEAD: Set on May 14 House Calendar for Second Reading | public information | monitor | 3 | Relating to a central database containing information about certain offenders who have committed offenses involving family violence against a child. | Would create a public database containing information about family violence offenders. Allows certain offenders to petition a court for expunction of information posted to the website. |
| 81_R | HB 4111 (read bill) | Martinez-Fischer D-San Antonio | DEAD: Set on May 14 House Calendar for Second Reading | public notice | support | 2 | Relating to public notice requirements and other provisions applicable to the board of trustees of a school district proposing to close a district campus. | Requires public meetings on proposal to close campus. Also, see paragraph (c), "The district must make the closure plan required by Subsection (b) available to the public through the Internet and by other appropriate means for persons without Internet access. |
| 81_R | HB 4134 (read bill) | Anchia D-Dallas | DEAD: Referred to House State Affairs, March 24 | public information | oppose | 1 | Relating to the exception from required public disclosure of certain personal information of public employees and public officials. [Same as SB 280 by Nelson] | Would amend Public Information Act, Government Code Sec. 552.024, PERSONAL INFORMATION OF EMPLOYEES AND OFFICIALS. Changes current law by deleting employee opt-out option, so that personal information is automatically confidential. Would apply to an employee, official, former employee or former official of the governmental body. |
| 81_R | HB 4135 (read bill) | Turner D-Houston | DEAD: Referred to House Criminal Jurisprudence, March 24 | public information | oppose | 1 | Relating to the right to an expunction of records and files relating to a person's arrest. [Same as SB 1454 by West] | Would amend Code of Criminal Procedure Art. 55.01(a), entitling a person to have all records and files relating to an arrest expunged if prosecution is no longer possible because: (A) the limitations period has expired; or (B) double jeopardy has attached. |
| 81_R | HB 4140 (read bill) | Homer D-Paris | DEAD: Reported as substituted, House State Affairs, May 7 | public information | oppose | 1 | Relating to a bulk data request for information under the public information law. | Would amend Public Information Act, Government Code Sec. 552.003, by adding paragraph (7), which says "Bulk data request" means a request for copies of public information that would involve producing copies of 100 pages or more in response. Also, would add Sec. 552.228, which says a governmental body is not required to produce: (1) information in response to a bulk data request in any medium other than that in which the information is maintained; or (2) a document responsive to a bulk data request in the requested format if the public information is maintained in the same medium as the medium requested by the requestor. Also would add Sec. 552.261 (e), which says "Notwithstanding any other provision of this chapter, a governmental body may charge an amount not to exceed 20 cents per page in providing a copy of information subject to a bulk data request." |
| 81_R | HB 4143 (read bill) | Gallego D-Alpine | DEAD: Reported favorably, House Public Safety, April 24 | public information | monitor | 3 | Relating to the establishment by the Texas Forensic Science Commission of a DNA laboratory audit program. [Same as SB 1909 by Hinojosa] | Would amend Code of Criminal Procedure Art. 38 by adding DNA LABORATORY AUDIT PROGRAM. The commission would establish a DNA laboratory audit program to conduct periodic unannounced audits of DNA laboratories in Texas. See paragraph (c) requiring the commission to prepare a written report summarizing each audit and specifying whether the laboratory must take any corrective action. See paragraph (e) requiring the commission to make the reports available to the public. |
| 81_R | HB 4147 (read bill) | Rose D-Dripping Springs | PASSED: Companion bill SB 1629 signed by Gov. June 19, effective Sept. 1, 2009 | public information | support | 1 | Relating to persons exempted from required prepayment of personnel costs incurred by governmental body in responding to requests from a requestor under the public information law that require large amounts of personnel time. [Same as SB 1629 by Wentworth] | Would exempt from prepayment requirement "a newspaper of general circulation that is published on the Internet by a news medium engaged in the business of disseminating news or information to the public." |
| 81_R | HB 4175 (read bill) | Bolton D-Austin | DEAD: Reported as substituted, House Land & Resource Management, May 7 | public notice | support | 2 | Relating to authorizing certain counties to adopt buffer zone regulations and comprehensive land development plans. | Would amend Local Government Code by adding Sec. 236.006, PROCEDURE GOVERNING ADOPTION OF REGULATIONS. See p.3 paragraph (a): "A buffer zone regulation under this chapter is not effective until the regulation is adopted by the commissioners court after a public hearing. Before the 15th day before the date of the hearing, the commissioners court must publish notice of the hearing in a newspaper of general circulation in the county. |
| 81_R | HB 4191 (read bill) | Rose D-Dripping Springs | DEAD: Referred to House Public Education, March 24 | public information | support | 1 | Relating to required public notice of names of and requirement that a school district of a certain size interview a certain number of finalists for the position of superintendent of a public school district. [Compare with SB 503 by Eltife] | Would amend Public Information Act, Government Code Sec. 552.126, EXCEPTION: NAME OF APPLICANT FOR SUPERINTENDENT OF PUBLIC SCHOOL DISTRICT. See new language, starting with paragraph (b): "At least 21 days before the date of the meeting at which a final action or vote is to be taken on the employment of an applicant for the position of superintendent of a public school district, the board of trustees must give public notice of: (1) in districts larger in size than a small or mid-sized district as defined by section 42.103 of the Texas Education Code, the names of at least three finalists being considered for the position, if the board of trustees interviewed three people or more during the final round of interviews for the position; or (2) the name or names of all the finalists being considered for the position, if the board of trustees interviewed not more than two people during the final round of interviews for the position. (c) For purposes of this section, a person is a finalist for the position of superintendent of a public school district if the board of trustees interviewed the person during the final round of interviews for the position." |
| 81_R | HB 4207 (read bill) | Giddings D-DeSoto | DEAD: No action, May 14 House Calendar for Second Reading | public information | oppose | 1 | Relating to the disclosure of personally identifiable information under the public information law. [Same as SB 1912 by Duncan] | Would amend Public Information Act, Government Code by adding Sec. 552.150, EXCEPTION: DATES OF BIRTH OF EMPLOYEES OF GOVERNMENTAL BODIES, under which the date of birth of a current or former official or employee of a governmental body is exempt from disclosure, and a governmental body may redact the date of birth of a current or former official or employee of a governmental body from any information the governmental body discloses without the necessity of requesting a decision from the attorney general. Also would add Sec. 552.372, STUDY OF PERSONALLY IDENTIFIABLE INFORMATION COLLECTED BY STATE GOVERNMENTAL BODIES, requiring the comptroller to calculate the amount and types of personally identifiable information collected by each state governmental body, including name, SSN, DOB, location of birth, mother’s maiden name, biometric records, medical information, educational information, financial information and employment information. |
| 81_R | HB 4262 (read bill) | Rodriguez D-Austin | DEAD: Left pending, House Land & Resource Management, April 8 | public notice | support | 2 | Relating to authorizing municipalities and counties to regulate land development in certain unincorporated areas. [Same as SB 2202 by Wentworth] | Would amend Local Government Code. See p.4, Sec. 242.053, JOINT PROCEDURES GOVERNING ADOPTION OF ZONING REGULATIONS AND DISTRICT BOUNDARIES, requiring publication of a public notice of a public hearing. |
| 81_R | HB 4286 (read bill) | Hunter R-Corpus Christi | DEAD: Reported as substituted, House Environmental Regulation, April 21 | public notice | oppose | 1 | Relating to the disposal of sewage by boats. | Would amend Water Code chapter 26. At bottom of p.2 and top of p.3, strike-throughs deleting language that currently requires the Texas Commission on Environmental Quality to provide for publication of notice of each rule issued under this section in at least one newspaper of general circulation in each county of the state. |
| 81_R | HB 4291 (read bill) | Smithee R-Amarillo | PASSED: Signed by Governor, June 19, effective immediately | public information | oppose | 1 | Relating to insurance charters and certificates of authority. | See p.8 line 15, strikethrough language that in current law requires incorporators who request a public hearing on denial of their charter application to publish at their own expense a copy of the notice in a newspaper of general circulation in the county in which the mutual life insurance company’s home office is proposed to be located. Also, at the top of p.11, see strikethrough language deleting a public notice in newspaper requirement. |
| 81_R | HB 4292 (read bill) | Branch R-Dallas | PASSED: Companion bill SB 1081 signed by Gov. June 19, effective immediately | public information | monitor | 3 | Relating to access to criminal history record information by the office of the attorney general. [Same as SB 1081 by Huffman] | Would amend Government Code by adding Sec. 411.1271, ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: OFFICE OF THE ATTORNEY GENERAL. Says criminal history record information obtained from other governmental agencies by the office of the attorney general may not be released or disclosed to any person except on court order or with the consent of the person who is the subject of the criminal history record information, and, AG's office shall destroy criminal history record information that relates to a person after the information is used for its authorized purpose. |
| 81_R | HB 4306 (read bill) | Kuempel R-Seguin | DEAD: Referred to House Culture, Recreation & Tourism, March 24 | public notice | support | 2 | Relating to authorizing the creation of a residential recreation district in certain counties. | Would amend Local Government Code by adding Chapter 375A, RESIDENTIAL RECREATION DISTRICTS. See p.17 line 11, Sec. 375A.114, NOTICE OF HEARING. (a) Notice of hearing, on proposed improvement project or services, shall be given in a newspaper with general circulation in the county in which the district is located. The final publication must be made not later than the 30th day before the date of the hearing. The notice must include time and place of the hearing, general nature of the proposed improvement project or services, estimated cost of the improvement including interest during construction and proposed method of assessment. |
| 81_R | HB 4326 (read bill) | Strama D-Austin | DEAD: Referred to House State Affairs, March 24 | public information | support | 2 | Relating to the online availability of state agency reports required by law. [Same as SB 1270 by Shapleigh] | Would amend Government Code Sec. 441.104, DUTIES OF TEXAS STATE LIBRARY, by requiring the State Library to establish and maintain an index of all current state agency reports required by law and provide electronic access to both the index and the text of the reports through a link on the home page of the Texas Records and Information Locator (TRAIL). |
| 81_R | HB 4489 (read bill) | Eiland D-Galveston | DEAD: Left pending, House State Affairs, May 6 | public information | monitor | 3 | Relating to certain contracts by certain governmental entities. | Would repeal Government Code Sec. 403.0305. The repeal would kill the current requirement that contracts be made only after review/approval of the state comptroller. |
| 81_R | HB 4493 (read bill) | Eiland D-Galveston | PASSED: Signed by Governor, June 19, effective immediately | public notice | monitor | 3 | Relating to contracts awarded through competitive bidding by certain port and harbor facilities. | Would amend Transportation Code Sec. 54.054, COMPETITIVE BIDDING. Says "Except as otherwise provided by this chapter, the board may award a contract involving the expenditure of funds in excess of the amount applicable to an expenditure of funds by a municipality under Section 252.021(a), Local Government Code, only by competitive bidding." |
| 81_R | HB 4532 (read bill) | Chavez D-El Paso | DEAD: Recommended for House Local and Consent Calendar, May 11 | public information | support | 2 | Relating to reports regarding the provision of emergency ground ambulance services in counties. [Same as SB 2081 by Uresti] | Would amend Health & Safety Code by adding Sec. 774.005, COUNTY SELF-ASSESSMENT OF PROVISION OF EMERGENCY GROUND AMBULANCE SERVICES. See p.2 paragraph (e), requiring each county to publish a report on the availability of emergency ground ambulance services within the county. The county shall make the report available on the county’s Internet website and annually publish a summary of the report, together with the address of the website containing the report, in a newspaper of general circulation in the county. If the county does not operate a website, the county shall publish the report annually in a newspaper of general circulation in the county. |
| 81_R | HB 4578 (read bill) | Martinez D-Weslaco | DEAD: Set on May 14 House Calendar for Second Reading | public notice | support | 2 | Relating to the establishment of the official citrus producers’ pest and disease management corporation. [Same as SB 1779 by Hinojosa] | See p.9 line 4 and p.25 line 27, new required public notices. |
| 81_R | HB 4604 (read bill) | Vaught D-Dallas | DEAD: Referred to House Criminal Jurisprudence, March 26 | public information | monitor | 3 | Relating to the interception of wire, oral, or electronic communications. [Same as SB 385 by Carona] | Would amend Code of Criminal Procedure Art. 18.20 by adding Section 9A, INTERCEPTION ORDER FOR COMMUNICATION BY SPECIFIED PERSON. New criteria for surveillance. The question is, does the interception order become public information after the investigation has been completed? |
| 79_R | HJR 13 (read bill) | Branch, R-Dallas | DEAD: left pending in House State Affairs | Public Information | Support | 1 | Proposing a constitutional amendment to require each house of the legislature to take a record vote on final passage of a bill and to publish the record vote on the Internet. | Proposes amendment to Texas Constitution Article III Section 12 to make record votes required. [Doug Toney, New Braunfels Herald-Zeitung, testified in favor, March 7] |
| 80_R | HJR 17 (read bill) | Elliott Naishtat, D-Austin | DEAD: left pending in State Affairs, 3/5/07 | public information | Support | 1 | Proposing a constitutional amendment to require a house or committee of the legislature to take a record vote on certain legislative measures and actions and to provide for public access to those record votes. | [Same as SJR 7 by Carona.] Would amend Section 12, Article III, Texas Constitution, by requiring that a vote taken by either House or by a committee of either house must be by record vote of the yeas and nays entered in the journal of that House or in the committee minutes, as appropriate, if the vote is on approval or disapproval of a bill, a measure proposing or ratifying a constitutional amendment, an amendment or substitute to such a bill or measure, the appointment or election of a legislative officer or other public official, or the confirmation of an appointment or nomination to public office; and the yeas and nays of the members of either House on any other question before that House shall, at the desire of any three members present, be entered on the journals. Also would require each house to establish procedures to make each record vote widely available to the public through the Internet or another suitable method. |
| 79_R | HJR 17 (read bill) | Peńa, D-Edinburg | DEAD: left pending in House State Affairs | Public Information | Support | 1 | Relating to requiring a house or committee of the legislature to take a record vote on certain legislative measures and actions. | Proposes constitutional amendment requiring record votes on most matters before the Legislature. Companion to SJR 6 by Carona and HJR 27 by Naishtat. Also compare to HB 54 by Branch. |
| 80_R | HJR 19 (read bill) | Dan Branch, R-Dallas | PASSED: House concurred in Senate amendments, 5/25/07 | public information | Support | 1 | Proposing a constitutional amendment to require each house of the legislature to take a record vote on final passage of a bill and to publish the record vote on the Internet. | Amends Section 12, Article III, Texas Constitution, by requiring record vote on final passage of a bill and to publish record vote on the Internet. [Bill would be stronger if it would require record votes on Second Reading, instead of only on final passage.] |
| 81_R | HJR 23 (read bill) | Naishtat D-Austin | DEAD: Referred to House State Affairs, March 2 | public information | support | 1 | A constitutional amendment to require that a record vote be taken by a house of the legislature on second reading of a bill or resolution for which a record vote is currently required on final passage and on adoption. | Another step toward legislative transparency. |
| 79_R | HJR 27 (read bill) | Naishtat, D-Austin | DEAD: left pending in House State Affairs | Public Information | Support | 1 | Proposing a constitutional amendment to require a house or committee of the legislature to take a record vote on certain legislative measures and actions. | Proposes constitutional amendment requiring record votes. [Doug Toney, New Braunfels Herald-Zeitung, testified in favor, March 7.] |
| 79_R | HJR 39 (read bill) | Laubenberg, R- Houston | DEAD: referred to House State Affairs and not heard | Public Information | Support | 1 | Proposing a constitutional amendment to require the house of representatives to take a record vote on approval of a bill or joint resolution. | Proposes constitutional amendment requiring record votes. Enhances transparency and accountability of legislative process. |
| 80_R | HJR 50 (read bill) | Jim Jackson, R-Carrollton | DEAD: left pending in State Affairs, 3/5/07 | public information | Support | 1 | Proposing a constitutional amendment to require the election of the speaker of the house of representatives by a public vote conducted by a roll call vote or electronic voting machine. | Would amend Section 9(b), Article III, Texas Constitution, to read as follows: (b) The House of Representatives shall, when it first assembles, organize temporarily, and thereupon proceed to the election of a Speaker from its own members. Notwithstanding Section 41 of this article, the election must be by a public vote conducted by a roll call with each member stating the member's choice for Speaker or by an electronic voting machine that records each member's choice for Speaker. |
| 79_R | HJR 55 (read bill) | Alonzo, D-Dallas | DEAD: referred to House State Affairs and not heard | Public Information | Support | 1 | Proposing a constitutional amendment to require a house or committee of the legislature to take a record vote on certain legislative measures and actions. | Proposes constitutional amendment requiring record votes. Other record votes bills include SJR 6 (Carona), HJR 17 (Peńa), HJR 27 (Naishtat), HJR 39 (Laubenberg) and HB 54 (Branch), HB 3078 (Naishtat) and SB 1140 (Carona). |
| 80_R | HJR 77 (read bill) | Tony Goolsby, R-Dallas | DEAD: left pending in State Affairs, 3/5/07 | public information | Support | 1 | Proposing a constitutional amendment to require each house of the legislature to take a record vote on final passage of a bill or proposed constitutional amendment. | Would amend Article III, Texas Constitution, to read as follows: Sec. 12. (a) Each house of the legislature [House] shall keep a journal of its proceedings, and publish the same. (b) A vote taken by either house must be by record vote with the vote of each member entered in the journal of that house if the vote is on final passage of a bill or of a measure proposing an amendment to this constitution; and the yeas and nays of the members of either house [House] on any other question shall, at the desire of any three members present, be entered on the journals. For purposes of this subsection, a vote on final passage includes a vote on third reading in a house or on second reading if the house suspends the requirement for three readings, on whether to concur in the other house's amendments, and on whether to adopt a conference committee report. SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 6, 2007. |
| 80_R | HJR 106 (read bill) | Abel Herrero, D-Robstown | DEAD: referred to State Affairs, 3/21/07 | open meetings | Support | 1 | Relating to providing for open meetings of each House of the Legislature, and its committees and subcommittees. | Proposed amendment to state constitution that says sessions of each House shall be open, except the Senate when in executive session, and all meetings of every committee of each House at which official acts are to be taken or at which public business is to be transacted or discussed shall be open and noticed to the public and meetings of the legislature shall be open and noticed as provided in Article III, Section 4(e), except with respect to meetings exempted pursuant to this section or specifically closed by this Constitution. |
| 79_s1 | SB 2 (read bill) | Shapiro, R-Plano | Dead: Senate adjourned sine die | Public Notice | Oppose | 1 | Relating to public education and public school finance matters. | Sen. Shapiro said CSHB 2 (her version of HB 2) would not contain amendments to the Education Code and Local Government Code allowing school districts to post competitive bidding notices, budget hearing notices and notices regarding sale of property on the Internet instead of a newspaper, or in abbreviated form in a newspaper. The bill finally passed the Senate without any language reducing current public notice requirements, but with one amendment attached in which the House must concur for final passage. In the final days of the 1st called session, the conference committee re-attached language that would have given school districts the option of posting notice of budget hearing on tax increase on their web sites and not publishing the notice in the local newspaper. |
| 79_s2 | SB 2 (read bill) | Shapiro, R-Plano | Reported favorably from Senate Education, July 21 | Public Notice | Neutral | 3 | Relating to public education and public school finance matters. | [This bill is being monitored for potential attachment of language detrimental to open government and public notice.] [Senate Committee Substitute SB 2 filed July 25.] |
| 79_s1 | SB 3 (read bill) | Ogden, R-College Station | Dead: Senate adjourned sine die | Business-related | Neutral | 1 | Relating to financing public school in this state and reducing school property taxes. | Filed version of SB 3 does not include language offensive to the newspaper industry. Work to prevent attachment of any amendment that would have a negative effect on open government and public notice. |
| 81_R | SB 3 (read bill) | Shapiro R-Plano | PASSED: Companion bill HB 3 signed by Governor June 19, effective immediately | public notice | support | 2 | Relating to public school accountability, curriculum, promotion requirements. [Same as HB 3 by Eissler] | Would amend Education Code. On p.85, publication of performance report, and p.86, paragraph (c) are requirements for public notice of hearing for public discussion of the report. Notice of hearing must be published in a newspaper of general circulation in the district. |
| 79_s2 | SB 8 (read bill) | Shapiro, R-Plano | Voted favorably as substituted from House Select on Public Education Reform | Public Notice | Neutral | 3 | Relating to public education and public school finance matters; imposing criminal penalties. | [This bill is being monitored for potential attachment of language detrimental to open government or public notice.] |
| 79_s1 | SB 14 (read bill) | Zaffirini, D-Laredo | Dead: Senate adjourned sine die | Public Information | Neutral | 3 | Relating to contracting and ethics issues of governmental entities. | Would amend Government Code by adding 2262.059, "Contractor Performance Database," requiring the Health and Human Services Commission to evaluate vendors and to store in a database their performance reviews. This database would be public information, according to Sen. Zaffirini's staff. |
| 79_s3 | SB 20 (read bill) | Barrientos, D-Austin, and Wentworth, R-San Anton | Died in committee | public information | Neutral | 4 | Relating to reporting of certain gifts to public officials. | SAME AS HB 93 by Naishtat, D-Austin. Amends Government Code chapter 572 [Personal financial disclosure, standards of conduct and conflict of interest] by adding 572.022 Subsection (d) to read as follows: (d) The individual filing the statement shall include in the description of a gift that is reported in accordance with Section 572.023(b)(7) a statement of the fair market value of the gift. |
| 79_s1 | SB 21 (read bill) | Fraser, R-Marble Falls | Dead: Senate adjourned sine die | Public Information | Neutral | 3 | Relating to furthering competition in the communications industry. | Would amend Utilities Code by adding 57.048, allowing a certificated telecommunications utility to recover from customers an assessment imposed on the utility after the total amount deposited to the credit of the fund, excluding interest and loan repayments, is equal to $1.5 billion. Says the PUC shall maintain the confidentiality of information it receives under this section that is claimed to be confidential for competitive purposes. |
| 81_R | SB 35 (read bill) | Zaffirini D-Laredo | DEAD: Left pending, Senate Health & Human Services, April 16 | open meetings | monitor | 3 | Relating to mortality review for certain individuals who are developmentally disabled. | Would amend Human Resources Code Chapter 161 by adding Subchapter F, Mortality Review for Certain Individuals Who Are Developmentally Disabled. Sec. 161.204 would make meetings of mortality review team not subject to Open Meetings Act. Sec. 161.207 would make information and records acquired by mortality review team not subject to Public Information Act. |
| 79_s3 | SB 37 (read bill) | Wentworth, R-San Antonio | Died in committee | Public information | Neutral | 4 | Relating to disclosure and use of sales price information for ad valorem tax purposes. | SAME AS HB 95 by Villarreal, D-San Antonio. Contains language giving public access to sales price information. See Sec. 22.66. PUBLIC INFORMATION. "A sales price disclosure report filed with the chief appraiser under this subchapter is a public record and must be made available on request for inspection and copying during normal business hours." |
| 79_s2 | SB 42 (read bill) | Ogden, R-College Station | Hearing set, Senate Finance, Aug. 16 | Public Notice | Neutral | 3 | Relating to financing public schools in this state and reducing property taxes. | [This bill is being monitored for potential attachment of language detrimental to open government or public notice.] |
| 80_R | SB 61 (read bill) | Judith Zaffirini, D-Laredo | PASSED: signed by governor; earliest effective date 6/15/07 | open meetings | Neutral | 3 | Relating to the performance of the functions of the governing body of a political subdivision in the event of a disaster. | [Same as HB 3744 by McClendon.] Amends Government Code by adding Sec. 418.111 allowing a governing body of a political subdivision to adopt a plan for the continuity of functions of the political subdivision during a declared disaster or other catastrophic event; and Sec. 418.112, allowing a governing body to meet and deliberate in less than a quorum during a declared disaster or other catastrophic event. The terms "declared disaster" and "other catastrophic event" need to be precisely defined. [Zaffirini's staff confirmed that the definition of a declared disaster is one that has been declared by the governor, not by a local official.] |
| 81_R | SB 68 (read bill) | Nelson R-Lewisville | PASSED: Signed by Governor, June 19, effective Sept. 1, 2009 | public notice | oppose | 1 | Relating to licensing and inspection requirements of the Department of Family and Protective Services for certain facilities and homes providing child care. | SECTION 12 of the bill would amend Human Resources Code Sec. 42.077, so that if DFPS revokes or suspends a facility’s license or a family home’s listing or registration, the DFPS shall publish notice of this action: (1) in a newspaper of general circulation in the county in which the facility or family home is located; "OR" (2) on the DFPS Internet website along with other information regarding child-care services. The word "OR" in paragraph (1) makes public notice in a printed newspaper optional. |
| 80_R | SB 74 (read bill) | Eddie Lucio, D-Brownsville | PASSED: signed by governor; earliest effective date 6/15/07 | public information | Oppose | 2 | Relating to the creation of an address confidentiality program to assist victims of family violence, sexual assault, or stalking in maintaining confidential addresses. | [SAME AS HB 569 by Gonzales.] Amends Code of Criminal Procedure Art. 56 so that victims could participate in an address confidentiality program. Requires attorney general to destroy all information relating to a participant on the third anniversary of the date of participation in the program. |
| 81_R | SB 94 (read bill) | Van de Putte D-San Antonio | DEAD: Referred to Senate Criminal Justice, Feb. 10 | public information | oppose | 1 | Relating to restrictions on the use of a stun gun; providing certain criminal penalties and defenses to prosecution for persons who obtain a stun gun license. | Would amend Penal Code Sec. 46, Weapons, by adding stun gun to list of regulated weapons, and creates licensing requirements. Also would amend Government Code Sec. 411, Department of Public Safety of the State of Texas, by adding Subchapter H-1, License to Carry a Stun Gun. See 411.225, confidentiality of records. |
| 80_R | SB 102 (read bill) | John Carona, R-Dallas; coauthors Hinojosa/Wentwo | DEAD: referred to Committee on Administration, 1/29 | public information | Support | 1 | Relating to requiring a record vote by each house or committee of the legislature on bills, proposed constitutional amendments, amendments to bills and proposed constitutional amendments, and certain other actions and to public notice of the record vote. | [SAME AS HB 666 by Naishtat.] Would amend Government Code by adding Sec. 301.035 requiring a record vote on all bills and other measures, so that a vote taken by a house or committee of the legislature must be by record vote if the vote is on: (1) approval or disapproval of a bill or an amendment or substitute to a bill; (2) approval or disapproval of a joint resolution proposing or ratifying a constitutional amendment or an amendment or substitute to such a joint resolution; (3) the appointment or election of a legislative officer or other public official; or (4) the confirmation of an appointment or nomination to public office. (b) How each member voted on a matter described by Subsection (a) shall be recorded in the journal of the appropriate house or in the minutes of the appropriate committee. (c) The secretary of the senate or chief clerk of the house of representatives, as applicable, shall promptly: (1) publish each record vote required by this section, including the vote of each individual member, on the public Internet site maintained by or for the appropriate house in a manner that is easily accessible and searchable by members of the public; and (2) maintain that information on the Internet site for at least two years after the date the vote is taken. |
| 79_R | SB 121 (read bill) | Duncan, R-Lubbock | PASSED: earliest effective date May 18, 2005 | Public Information | Support | 1 | Relating to a requestor's right of access to investment information. | Same as HB 223 by Gattis, R-Georgetown. Would amend Public Information Act by adding Government Code Sec. 552.030, "Right of Access to Investment Information." Requires government offices to grant public access to information they possess relating to their investments; this information would include the name of any fund in which the office is invested, the year the fund was created, the dollar amount committed to the fund and the return on that investment; also requires government offices to disclose the recusal of any governing board member on the basis of his or her investments; requires disclosure of fees, expenses and other compensation assessed against the government office. But a notable weakness in the bill is that it is absent language requiring disclosure of names and detailed information about companies in these investment portfolios. Venture capitalists managing the funds have said they do not want such information made public for competitive and proprietary reasons. [Wanda Garner Cash, Baytown Sun, and David Lowery, Austin American-Statesman, testified in favor of House version of the bill.] |
| 80_R | SB 122 (read bill) | Bob Deuell, R-Greenville | PASSED: see companion HB 991 | public information | Oppose | 1 | Relating to the confidentiality of certain records maintained by the Department of Public Safety regarding persons licensed to carry a concealed handgun. | [Same as HB 991 by Rose.] Amends Government Code 411.192 so that the identity of a concealed handgun licensee is no longer public information. |
| 80_R | SB 123 (read bill) | Bob Deuell, R-Greenville | PASSED: signed by governor; earliest effective date 5/17/07 | public information | Oppose | 1 | Relating to excepting certain personal information concerning a minor from required disclosure under the public information law. | Amends Public Information Act by adding Government Code 552.148, Personal Information Concerning Minor. Excepts information if it concerns an individual who is younger than 18 years of age at the time the governmental body receives the request for the information and the information: (1) relates to the name, age, home address, home or personal telephone number, or social security number of the individual; (2) is a photograph of the individual; or (3) reveals the name of a guardian of the individual or of a member of the individual's family. |
| 81_R | SB 124 (read bill) | Ellis D-Houston | DEAD: Referred to Senate Natural Resources, Feb. 10 | public notice | support | 2 | Relating to applications for permits issued by the Texas Commission on Environmental Quality for new or expanded facilities in certain low-income and minority communities. | Would amend Health and Safety Code by adding Chapter 428, Environmental Justice Communities. requirements requiring published notice of public hearings. See Sec. 428.005, requiring publication of notice of public hearing. |
| 80_R | SB 129 (read bill) | Royce West, D-Dallas | PASSED: signed by governor; earliest effective date 9/1/07 | public information | Support | 1 | Relating to reporting of gifts of cash or a cash equivalent to public officials. | [Same as HB 72 by Fred Hill, HB 255 by Todd Smith and SB 558 by Ellis.] Amends Ethics Code, Government Code Sec. 572.022, by adding Subsection (d) requiring the filer to report the value of a gift. |
| 80_R | SB 143 (read bill) | Royce West, D-Dallas | DEAD: referred to House Public Health, 3/30/07 | public information | Neutral | 2 | Relating to fetal and infant mortality review and health warnings related to fetal and infant mortality; imposing a penalty. | [Same as HB 420 by Veasey.] Would amend Health and Safety Code chapter 674, Fetal and Infant Mortality Review. Closes off meetings to the public, restricts disclosure of information. |
| 79_R | SB 147 (read bill) | Wentworth, R-San Antonio | Companion bill HB 1285 PASSED | Public Information | Oppose | 1 | Relating to the exception from required disclosure under the public information law of certain audit working papers. | SAME AS HB 1285 by Swinford, signed by Governor; earliest effective date May 27, 2005. Would amend Public Information Act so that the charter or an ordinance of a municipality or an order of the commissioners court of a county including an investigation would be considered audit information and therefore confidential. |
| 79_R | SB 148 (read bill) | Wentworth, R-San Antonio | PASSED: signed by Governor; earliest effective date May 3, 2005 | Public Information | Support | 2 | Relating to the exception from required public disclosure of a photograph of a peace officer. | SAME AS HB 1284 by Swinford. Amends Public Information Act, Government Code 552.119, by removing exception for photographs of security guards. [Ken Whalen, Texas Daily Newspaper Association, submitted witness affirmation in support.] |
| 79_R | SB 166 (read bill) | West, D-Dallas | PASSED: signed by Governor; earliest effective date June 17, 2005 | Public Information | Oppose | 1 | Relating to the effect of an expunction. | Would amend Code of Criminal Procedure Art. 55.03, "Effect of Expunction," by striking "other than a purpose described by Section 411.083(a) or (b)(1), (2), or (3), Government Code. This requires the Department of Public Safety to destroy a criminal record that is expunged. [Testified in opposition.] |
| 81_R | SB 166 (read bill) | Ellis D-Houston | DEAD: Referred to Senate Criminal Justice, Feb. 10 | open meetings | monitor | 3 | Relating to hearings by the Board of Pardons and Paroles regarding clemency matters. [Same as HB 1149 by Thompson] | Would amend Open Meetings Act, Government Code Sec. 551.124, BOARD OF PARDONS AND PAROLES. Would allow hearings to be held by videoconference and releases Board of Pardons and Paroles from requirement that the body specify an intent to have a quorum or a majority of a quorum physically present at a hearing location. |
| 80_R | SB 178 (read bill) | Jeff Wentworth, R-San Antonio | PASSED: signed by governor; earliest effective date 6/15/07 | public information | Oppose | 2 | Relating to working papers and electronic communications of State Office of Administrative Hearings administrative law judges. | [SAME AS HB 1077] Amends Public Information Act, Government Code 552.144, by adding electronic communications to the exception for working papers of administrative law judges and the State Office of Administrative Hearings. |
| 79_R | SB 182 (read bill) | Barrientos, D-Austin | PASSED: signed by Governor; earliest effective date Sept. 1, 2005 | Open Meetings | Neutral | 3 | Relating to the board of directors of an intermunicipal commuter rail district. | Would amend Revised Statutes Art. 6550c-1 by adding Section 3A, "Board Meetings by Telephone or Videoconference." Allows board to meet by telephone conference call or closed meeting or videoconference in less than a quorum present at any one location. Makes such meetings subject to public notice and accessibility requirements of Open Meetings Act. |
| 80_R | SB 192 (read bill) | Kim Brimer, R-Fort Worth | PASSED: signed by governor, earliest effective date 5/4/07 | public information | Oppose | 2 | Relating to the Texas Mutual Insurance Company and the application of certain statutes to the Texas Mutual Insurance Company. | [Same as HB 672 by Swinford.] Amends Insurance Code chapter 2054 so that Texas Mutual Insurance Company is no longer subject to Public Information Act. |
| 80_R | SB 234 (read bill) | Chris Harris, R-Arlington | DEAD: set on House Calendar for 5/22/07 | public information | Oppose | 1 | Relating to the reporting of income-producing contracts entered into by school districts. | Would amend Education Code by adding Sec. 44.012, Report of Income Producing Contracts. Requires school district to publish report of income-producing contracts. Makes publication in newspaper optional if school district publishes report on its website. |
| 80_R | SB 244 (read bill) | Tommy Williams, R-The Woodlands | PASSED: signed by governor, earliest effective date 9/1/07 | public information | Oppose | 1 | Relating to the temporary sealing of certain affidavits on which search warrants are based. | [Same as HB 1011 by Riddle.] Amends Code of Criminal Procedure by adding Art. 18.011 titled Sealing of Affidavit. Allows prosecutor to ask state district judge or appellate judge to seal search warrant affidavit if prosecutor establishes compelling state interest such that public disclosure would put in jeopardy the safety of a confidential informant or adversely affect a continuing investigation or if the affidavit contains information obtained from an unexpired court-ordered wiretap. At March 20 hearing, Sen. Williams said the bill would allow a district or appellate court judge to seal a search warrant from public view for 31 days and allows for extensions of an order to seal. Intent is to protect confidential informants and clandestine operations such as ongoing wiretaps. Testimony in favor: Amy Mills, Tarrant Co. Assistant DA; Randall Sims, Potter Co. DA; Mark Brown, Harris Co. DA; Police Officers Union; Houston PD; Dallas PD; and Texas Municipal Police Association. Testimony in opposition: Texas Daily Newspaper Association/Texas Press Association; Freedom of Information Foundation of Texas, Texas Association of Broadcasters and ACLU. The five votes in opposition on final passage in the House were cast by: Lon Burnam of Fort Worth, Donna Howard of Austin, Paula Pierson of Arlington, Eddie Rodriguez of Austin, and Senfronia Thompson of Houston. |
| 81_R | SB 253 (read bill) | Estes R-Wichita Falls | DEAD: Referred to Senate Intergovernmental Relations, Feb. 11 | public notice | oppose | 1 | Relating to the amount of a county expenditure for which competitive bidding is required. [Same as HB 78 by Flynn, HB 117 by Heflin and HB 2573 by Gonzalez-Toureilles] | Would amend Local Government Code Sec. 262 (Purchasing and Contracting Authority of Counties), 271 (Purchasing and Contracting Authority of Municipalities) and 363 (Crime Control and Prevention Districts) by increasing competitive bidding notice threshold to $50,000. Present threshold is $25,000. |
| 80_R | SB 270 (read bill) | Jeff Wentworth, R-San Antonio | DEAD: placed on Senate Intent Calendar, 5/9/07 | public information | Support | 1 | Relating to mandatory sales price disclosure in real property sales; providing a civil penalty. | Would amend Property Code by adding Sec. 12.0011, Mandatory Sales Price Disclosure. Says a person may not file in the county clerk's office an instrument conveying real property under a contract for sale unless the instrument discloses the sales price of the property. |
| 81_R | SB 270 (read bill) | Harris R-Arlington | DEAD: Not heard, Senate Education, Feb. 24 | public information | monitor | 3 | Relating to the reporting of income-producing contracts or programs entered into or operated by school districts. | Would amend Education Code by adding Sec. 44.013 requiring public notice of income-producing contracts to be published in a newspaper. |
| 81_R | SB 280 (read bill) | Nelson R-Flower Mound | DEAD: Referred to Senate State Affairs, Feb. 11 | public information | oppose | 1 | Relating to the exception from required public disclosure of certain personal information of public employees and public officials. [Same as HB 4134 by Anchia] | Would amend Public Information Act, Government Code Sec. 552.024, by adding date of birth and work schedule to list of government employees' confidential personal information. |
| 80_R | SB 281 (read bill) | Mario Gallegos, D-Galena Park | DEAD: referred to State Affairs, 1/30/07 | public information | Oppose | 1 | Relating to excepting dates of birth of employees of governmental bodies from required disclosure under the public information law. | [Same as HB 1580 by Thompson.] Would amend the Public Information Act, Government Code, by adding 552.148, Exception: Dates of Birth of Employees of Governmental Bodies. Would apply to a current or former employee of a governmental body. |
| 81_R | SB 281 (read bill) | Nelson R-Flower Mound | PASSED: Signed by Governor, June 19, effective Sept. 1, 2009 | public information | oppose | 1 | Relating to the confidentiality of the home address information of the spouses of certain federal judges and certain state judges. | Would amend Election Code Sec. 13 & 15, Election Code Sec. 18, and Tax Code Sec. 25 to allow spouse of state or federal judge or judicial candidate the option to keep his/her name and personal information off of a voter registration list. Voter registration list information currently is public information. |
| 79_R | SB 282 (read bill) | Madla, D-San Antonio | DEAD: passed Senate and postponed on Second Reading by House | Public Information | Neutral | 3 | Relating to disclosure and use of sales price information for ad valorem tax purposes; creating an offense. | Would amend Tax Code so that sales price disclosure report filed with chief appraiser is confidential and not open to public inspection. |
| 79_R | SB 286 (read bill) | Wentworth, R-San Antonio | PASSED: signed by Governor; earliest effective date Jan. 1, 2006 | Public Information and Open Meetings | Support | 1 | Relating to requiring public officials to receive training in the requirements of the open meetings and public information laws. | SAME AS HB 634 by Gattis. Would amend Open Meetings Act by adding 551.005 and Public Information Act by adding 552.012, requiring all public officials to receive training on mechanics and intent of Texas open government laws. The Office of the Attorney General will provide a training video so officials can receive training in their locale. A certificate will be awarded to those who complete the training. This certificate may not be used in a legal proceeding as evidence of mindful wrongdoing. Amended language makes training a "one-shot deal" rather than periodic. |
| 80_R | SB 288 (read bill) | Jane Nelson, R-Flower Mound | PASSED: signed by governor; earliest effective date 6/15/07 | public information | Support | 2 | Relating to health care-associated infection rates at certain health care facilities and the creation of an advisory panel. | [Same as HB 1885 by Vo.] Amends Health & Safety Code by adding chapter 98, Health-care Associated Infection Rates. Requires public disclosure of infection rate for central line-associated, laboratory-confirmed primary bloodstream infections in special care settings, such as intensive care units of general hospitals. Report must identify each health care facility included in the report. |
| 79_R | SB 288 (read bill) | Shapleigh, D-El Paso | DEAD: reported from Senate Government Organization and not brought up for vote | Public Information | Oppose | 2 | Relating to the transfer of certain surplus or salvage property to the United Mexican States. | Would amend Government Code 2175.241, allowing donated property to be transferred. [Submitted witness affirmation in opposition, with request for an amendment requiring public notice in advance of the transfer of property.] |
| 81_R | SB 296 (read bill) | West D-Dallas Uresti D-San Antonio Hegar R-Katy | DEAD: Left pending, Senate Health & Human Services, April 30 | public information | support | 2 | Relating to the disclosure of certain payments or other transfers of value by manufacturers of prescription drugs, medical devices and medical supplies. | Would amend Health & Safety Code by adding Chapter 174. See 174.053, requiring the attorney general to make data reported by these companies available to the public and to publish the information, too. |
| 79_R | SB 299 (read bill) | Wentworth, R-San Antonio | DEAD: died on point of order under House rules | Public Information | Oppose | 1 | Relating to the exception from required public disclosure of the name of an applicant for the position of city manager of certain home-rule municipalities. | SB 299 died on a point of order under House Rule 4, Sec. 32(c) (incorrect bill analysis). Point of order was called by Rep. Jim Dunnam, D-Waco. The bill would have amended Public Information Act by adding Sec. 552.145 exempting home-rule municipalities with a population of more than a million from releasing the names of applicants for city manager. [Ken Whalen, Texas Daily Newspaper Association, submitted witness affirmation in opposition, Feb. 23.] |
| 81_R | SB 304 (read bill) | Shapleigh D-El Paso | DEAD: Referred to Senate State Affairs, Feb. 11 | public information | monitor | 3 | Relating to information obtained under the public information law for legislative purposes that indicates a crime has been committed by a governmental body or a governmental officer or employee. | Would amend the Public Information Act, Government Code 552.008 ["Information for Legislative Purposes"] by adding subsection (d), language prohibiting governmental bodies from requiring an officer or employee to sign a confidentiality agreement. |
| 79_R | SB 319 (read bill) | Shapleigh, D-El Paso | DEAD: referred to Senate State Affairs and not heard | Public Information | Support | 1 | Relating to requiring state investment funds to post certain information on the Internet. | Would add Sec. 2054.114 to Government Code, requiring state investment funds to post investment information on the Internet. |
| 81_R | SB 321 (read bill) | Shapleigh D-El Paso | DEAD: Referred to Senate State Affairs, Feb. 11 | public information | support | 2 | Relating to the filing and posting on the Internet of reports of political contributions and expenditures required in connection with the office of member of the board of trustees of a school district. | Would amend Election Code by adding 254.04011, requiring campaign finance reports to be posted on the internet and accessible to the public. Posting must be done within five days of filing. |
| 81_R | SB 331 (read bill) | Carona R-Dallas | DEAD: Set on May 26 House Calendar for Second Reading | public information | monitor | 3 | Relating to access to certain information under the public information law concerning public officers and employees. [Same as HB 1383 by Davis of Dallas] | Would amend Public Information Act, Government Code 552.024, PERSONAL INFORMATION OF EMPLOYEES AND OFFICIALS. Replaces current opt-out language with language that makes public officers' and employees' personal information automatically confidential. Also would add a new exception, Sec. 552.150, INFORMATION THAT COULD COMPROMISE SAFETY OF PUBLIC OFFICER OR EMPLOYEE. |
| 80_R | SB 336 (read bill) | Kim Brimer, R-Fort Worth | PASSED: signed by governor; earliest effective date 5/18/07 | public information | Oppose | 2 | Relating to the notice required for the lease of real property by certain counties when responding to particular emergency circumstances. | Amends Local Government Code Sec. 263.007 by removing the 30-day public notice requirement for lease of facilities for disaster relief purposes. |
| 79_R | SB 343 (read bill) | Brimer, R-Fort Worth | PASSED: signed by Governor; earliest effective date Sept. 1, 2005 | Public Information | Support | 2 | Relating to county authority to regulate the placement of water wells in unincorporated areas of the county; providing a penalty. | SAME AS HB 996 by Geren. Would amend Local Government Code Sec. 240 regarding county regulation of water wells by requiring public notice of placement of water wells. |
| 79_R | SB 344 (read bill) | Duncan, R-Lubbock | Companion bill HB 1763 PASSED | Public Information | Support | 2 | Relating to the notice, hearing, rulemaking, and permitting procedures for groundwater conservation districts. | SAME AS HB 1763 by Cook of Colorado, signed by Governor; earliest effective date Sept. 1, 2005. Would amend Water Code Sec. 36 by requiring public notice of enforcement of rules. |
| 79_R | SB 345 (read bill) | Duncan, R-Lubbock | DEAD: left pending in Senate Finance | Business-related | Neutral | 3 | Relating to the exemption from ad valorem taxation of tangible personal property held temporarily at a location in this state for assembling, storing, manufacturing, processing, or fabricating purposes. | SAME AS HB 121 by Chavez. Would amend Tax Code by adding section 11.253, "Tangible Personal Property in Transit." Concern over taxation of warehoused property or property in transit. |
| 79_R | SB 365 (read bill) | Staples, R-Palestine | DEAD: referred to Senate Criminal Justice and not heard | Business-related | Support | 2 | Relating to the punishment for the offense of burglary of coin-operated or coin collection machines. | Would amend Penal Code Sec. 30, making a second offense of burglarizing a coin-op machine a state jail felony. Sen. Staples' office says this legislation would apply to coin-operated newspaper sales racks. |
| 81_R | SB 375 (read bill) | Carona R-Dallas | PASSED: Signed by Governor May 19, effective immediately | public information | support | 2 | Relating to the release of motor vehicle accident report information. [Same as HB 1826 by Todd Smith] | Would amend Transportation Code 550.065, MOTOR VEHICLE ACCIDENT REPORTS. Authorizes TxDOT discretion to make statistical information derived from the Crash Records Information System [CRIS] database available to the public. |
| 81_R | SB 385 (read bill) | Carona R-Dallas | DEAD: Withdrawn from May 28 House Local Calendar | public information | monitor | 3 | Relating to the interception of wire, oral, or electronic communications. [Same as HB 4604 by Vaught] | Would amend Code of Criminal Procedure Art. 18.20 by adding Section 9A, INTERCEPTION ORDER FOR COMMUNICATION BY SPECIFIED PERSON. New criteria for surveillance. The question is, does the interception order become public information after the investigation has been completed. |
| 79_R | SB 386 (read bill) | Wentworth, R-San Antonio | DEAD: set on House Calendar and not heard | Open Meetings | Support | 2 | Relating to the ability of public school employees to communicate with members of a school district board of trustees. | Would amend Education Code 11.163 so that a school district's employment policy must permit school district employees to communicate directly with a member of board of trustees without restriction regarding matter relating to operation of district and provide that a trustee receiving a communication from a district employee may keep identity of employee confidential. Also says member of board of trustees may inquire about substance of communication from district employee at board of trustees meeting, and that inquiry is subject to Public Information Act 551.042, except that trustees may propose and decide substance of inquiry be investigated and reported at later meeting. |
| 81_R | SB 388 (read bill) | Carona R-Dallas | DEAD: Set on May 26 House Calendar for Second Reading | public information | monitor | 3 | Relating to the creation of the law enforcement integrity unit in the Department of Public Safety. | Would amend Government Code by adding Section 411.0207, LAW ENFORCEMENT INTEGRITY UNIT, a new unit within the DPS "to assist in the enforcement of laws relating to law enforcement corruption." Paragraph (c) says "information disclosed under this subsection is confidential and not subject to disclosure under Chapter 552." |
| 79_R | SB 395 (read bill) | Seliger, R-Amarillo | DEAD: passed Senate, set on House Calendar and not heard | Public Information | Neutral | 3 | Relating to the submission of certain pleas and waivers by closed circuit video teleconferencing. | SAME AS HB 1783 by Swinford. Would amend Code of Criminal Procedure so defendant confined in county other than county in which charges against defendant are pending may use teleconferencing method to enter plea or waive right in court with jurisdiction. |
| 79_R | SB 402 (read bill) | Nelson, R-Lewisville | PASSED: signed by Governor; earliest effective date Sept. 1, 2005 | Open Meetings | Oppose | 2 | Relating to the administration and functions of the Texas State Board of Podiatric Medical Examiners. | SAME AS HB 1435 by Hamric. Would amend Occupations Code Sec. 202.510, "Temporary Suspension of License," by allowing a disciplinary panel to meet by telephone. |
| 79_R | SB 410 (read bill) | Whitmire, D-Houston | PASSED: signed by Governor; earliest effective date Sept. 1, 2005 | Public Information | Oppose | 2 | Relating to the continuation and functions of the Texas State Board of Pharmacy. | SAME AS HB 1040 by Truitt. Would amend Occupations Code 565.059 by adding paragraph (d), allowing a disciplinary panel to meet by telephone conference call "if immediate action is required and convening of the panel at a location is inconvenient for any member of the disciplinary panel." |
| 79_R | SB 419 (read bill) | Nelson, R-Flower Mound | PASSED: signed by Governor; earliest effective date Sept. 1, 2005 | Open Meetings | Oppose | 2 | Relating to the continuation and functions of the Texas State Board of Medical Examiners, Texas State Board of Physician Assistant Examiners, and Texas State Board of Acupuncture Examiners and the regulation of health care professions regulated by those st | SAME AS HB 1944 by Solomons. Would amend Occupations Code Sec. 205.361 so that disciplinary panel may hold meeting by telephone conference call if immediate action required and convening of panel at one location is inconvenient for any member of disciplinary panel. |
| 79_R | SB 421 (read bill) | Whitmire, D-Houston | DEAD: referred to Senate Government Organization and not heard | Public Information | Support | 2 | Relating to the continuation and functions of the Texas Alcoholic Beverage Commission. | SAME AS HB 2544 by Hamric. Would amend Alcoholic Beverage Code by making sanctions against a permit holder public information. |
| 81_R | SB 429 (read bill) | West D-Dallas | DEAD: Referred to Senate Intergovernmental Relations, Feb. 17 | public notice | monitor | 3 | Relating to the operation of property owners’ associations. | Would amend Property Code. See new language, Sec. 209.0091, JUDICIAL FORECLOSURE REQUIRED, which says (a) Except as provided by Subsection (b), a property owners’ association may not foreclose a property owners’ association’s assessment lien unless the association first obtains a court judgment foreclosing the lien and providing for issuance of an order of sale. Staff will work with author to seek inclusion of public notice in newspaper. |
| 81_R | SB 439 (read bill) | Ellis D-Houston | DEAD: Referred to Senate Business & Commerce, Feb. 17 | public notice | monitor | 3 | Relating to a mortgage servicer’s notice of sale to a debtor and the debtor’s subsequent notice to tenant. [Same as HB 421 by Dukes] | SECTION 3 of the bill would amend Property Code by adding Sec. 51.0022, NOTICE OF SALE TO TENANT. Would extend notice time from 21 days to 60 days. Says that not later than the seventh day after the date a debtor receives a notice of sale of the property, the debtor shall serve a copy of the notice on each tenant of the property by any one of the following (1) personal delivery to the tenant; (2) certified mail, return receipt requested, to the tenant; or (3) leaving the notice inside the dwelling. Staff will work with author to seek inclusion of public notice via newspaper. |
| 81_R | SB 444 (read bill) | Wentworth R-San Antonio | DEAD: Referred to Senate Intergovernmental Relations, Feb. 17 | public information | support | 1 | Relating to mandatory sales price disclosure in real property sales. | Would amend Property Code by adding Sec. 12.0012, MANDATORY SALES PRICE DISCLOSURE. Says, "A person may not file for record or have recorded in the county clerk’s office an instrument conveying real property under a contract for sale unless the instrument discloses the sales price of the property." Compare with HB 133 by Villarreal, a similarly titled bill but with many exceptions to disclosure. |
| 79_R | SB 447 (read bill) | Janek, R-Houston | DEAD: passed Senate; House postponed on Second Reading | Public Information | Support | 2 | Relating to the sale of tax receivables by a local government. | SAME AS HB 879 by Madden. Would amend Local Government Code by adding chapter 274, "Sale of Tax Receivables," allowing sale of delinquent tax receivables to private entities through competitive bidding process. [Submitted witness affirmation in support, March 30.] |
| 79_R | SB 450 (read bill) | Wentworth, R-San Antonio | PASSED: signed by Governor; earliest effective date June 17, 2005 | Public Information | Oppose | 2 | Relating to the confidentiality of certain personal information regarding the employees of a prosecutor's office. | Would amend Public Information Act 552.1175, by making personal information of prosecutors' office employees confidential. [Ken Whalen, Texas Daily Newspaper Association, submitted witness affirmation in opposition.] |
| 80_R | SB 452 (read bill) | Carlos Uresti, D-San Antonio | DEAD: left pending in Health & Human Services, 3/22/07 | public information | Support | 2 | Relating to access to records maintained by the Department of Family and Protective Services. | Would amend Family Code chapters 261, 263 and 264 by adding language requiring the Department of Family and Protective Services to "provide to a public requestor information concerning services provided under this chapter that would otherwise be confidential if the department has edited the information to protect the identity of any person whose life or safety may be endangered by the disclosure or whose privacy interest may be violated by the disclosure." |
| 79_R | SB 452 (read bill) | Wentworth, R-San Antonio | PASSED: signed by Governor; earliest effective date Sept. 1, 2005 | Public Information, FYI | Support | 2 | Relating to transferring the duties of the Texas Building and Procurement Commission under the public information law to the attorney general. | Would transfer all duties of the Texas Building and Procurement Commission pursuant to Chapter 552, Government Code [the Texas Public Information Act] to the Office of the Attorney General, in order to streamline the duties regarding public information into one agency. |
| 81_R | SB 456 (read bill) | Gallegos D-Galena Park | DEAD: Left pending, Senate Natural Resources, May 12 | public information | support | 2 | Relating to the regulation of toxic hotspots under the Texas Clean Air Act. | Would amend Health and Safety Code chapter 382 by adding Subchapter J, TOXIC HOTSPOT PILOT PROGRAM. Includes provisions for public access to information and public hearings. |
| 79_R | SB 457 (read bill) | Fraser, R-Marble Falls | DEAD: referred to Senate Natural Resources and not heard | Public Notice, FYI | Neutral | 3 | Relating to procedures for providing notice of intent to obtain certain permits issued by the Texas Commission on Environmental Quality. | SAME AS HB 680 by Gattis. Would amend four sections of Water Code so that public notice may not be published on a legal state or national holiday or on a weekend if the weekend is preceded or followed by a legal state or national holiday. |
| 79_R | SB 458 (read bill) | Fraser, R-Marble Falls | DEAD: referred to Senate State Affairs and not heard | Public Information | Support | 1 | Relating to governmental contingent fee contracts for legal services entered into by a local governmental entity. | Would amend Local Government Code by adding Sec. 271.132 (d) which makes time and expense records of attorneys subject to disclosure under the Public Information Act. |
| 81_R | SB 459 (read bill) | Gallegos D-Galena Park | DEAD: Referred to Senate Natural Resources, Feb. 17 | public information | support | 3 | Relating to disclosure by the Texas Commission on Environmental Quality of information related to emissions events. [Same as HB 1525 by Alvarado] | Would amend Health and Safety Code chapter 382 by requiring the TCEQ to produce and disseminate reports on toxic emissions events. |
| 81_R | SB 460 (read bill) | Gallegos D-Galena Park | DEAD: Left pending, Senate State Affairs, April 16 | public information | oppose | 1 | Relating to access to information regarding a firefighter or police officer under the municipal civil service law. | Would amend Local Government Code chapter 143, Municipal Civil Service for Firefighters and Police Officers, by making personnel hearing information confidential under the Public Information Act and not subject to discovery. |
| 81_R | SB 472 (read bill) | Estes R-Wichita Falls Van de Putte D-San Antonio | DEAD: [See bracketed note, below] | public notice | monitor | 3 | Relating to notice required before and period to vacate after foreclosure sale of real property. | Would amend Property Code regarding notice of foreclosure, reflecting attorney general's recommendation that the Legislature extend to 45 days the current 20-day time period during which a debtor may cure a loan default to avoid a foreclosure sale. The bill lacks a needed transparency-enhancing provision for public notice of foreclosure to be published in a newspaper of general circulation. [House sponsor Rep. Joe Deshotel, D-Beaumont.] House conferees appointed May 29: Deshotel-chair, Thibaut, Solomons, Hopson, Darby. [05-31-09 Laid out for consideration in the House at 11:33 p.m.; objection to consideration prior to time for consideration. Eligible after midnight, which was after deadline for consideration of conference reports in the House.] |
| 81_R | SB 478 (read bill) | Carona R-Dallas | DEAD: Referred to House Judiciary & Civil Jurisprudence, April 14 | public information | monitor | 3 | Relating to certain personal information contained in a decree of dissolution of a marriage or an order in a suit affecting the parent-child relationship. [Same as HB 914 by Dutton] | Would amend Family Code by adding Section 6.712, PERSONAL INFORMATION IN DECREE. Personal information includes an individual’s social security number, bank account number and similar financial information; and the name and birth date of each child. Also requires creation of a "confidential data page." |
| 79_R | SB 503 (read bill) | West, D-Dallas | DEAD: left pending in Senate Jurisprudence | Public Information | Support | 1 | Relating to making the award of an arbitration an open record. | Would amend Civil Practice & Remedies Code by adding Chapter 177, "Open Records." Says it is in the public interest to require provision of information needed to evaluate whether public policy supporting mandatory arbitration is being served and to establish basic system for evaluating and ensuring accountability of arbitrators and arbitration services providers. However, the bill also says information about certain arbitration awards can be sealed. |
| 81_R | SB 503 (read bill) | Eltife R-Tyler | DEAD: Referred to House Public Education, March 31 | public information | support | 1 | Relating to the required public notice of the name of each finalist for the position of superintendent of a public school district. | Would amend Public Information Act, Government Code Sec. 552.126, EXCEPTION: NAME OF APPLICANT FOR SUPERINTENDENT OF PUBLIC SCHOOL DISTRICT. See paragraph (b): "... a person is a finalist for the position of superintendent of a public school district if the board of trustees interviewed the person during the final round of interviews for the position." [Senate passed on March 19 by a vote of 29 YEAS 0 NAYS.] |
| 79_R | SB 511 (read bill) | Deuell, R-Greenville | PASSED: signed by Governor; earliest effective date June 17, 2005 | Open Meetings | Support | 2 | Relating to public testimony at regular meetings of the governing board of a general academic teaching institution. | Would amend Education Code by adding Sec. 51.355, requiring state universities to adopt policies allowing for public testimony at regular board meetings. |
| 80_R | SB 514 (read bill) | Glenn Hegar, R-Katy | PASSED: see companion HB 1237 | public information | Oppose | 1 | Relating to the confidentiality of certain information of a person licensed to practice law held by governmental bodies. | [Same as HB 1237 by Farabee.] Amends Public Information Act by adding Government Code 552.1176, Confidentiality of Certain Information of Person Licensed to Practice Law. Allows lawyers to elect to exempt their home address, home telephone number, email address, social security number, date of birth. |
| 80_R | SB 525 (read bill) | Kel Seliger, R-Amarillo | PASSED: see companion HB 680 | public information, public notice | Oppose | 3 | Relating to the sale of certain small municipal parks. | [Same as HB 680 by Swinford.] Amends Local Government Code by exempting from public notice and bidding requirements the sale of park land that is: (1) owned by a home-rule municipality with a population of less than 100,000; (2) one-third acre or less; (3) part of a park that is five acres or less; and (4) sold or conveyed as a sale to the owner of adjoining property as provided by a resolution or ordinance that has an effective date before Dec. 31, 2007. |
| 79_R | SB 526 (read bill) | Hinojosa, D-McAllen | PASSED: signed by Governor; earliest effective date June 17, 2005 | Public Information | Support | 2 | Relating to a county's authority to impose a records archive fee. | Would amend Local Government Code 118.025 by requiring public hearing on proposal to impose records archive fee. |
| 79_R | SB 541 (read bill) | Seliger, R-Amarillo | PASSED: signed by Governor; earliest effective date Sept. 1, 2005 | Public Information | Neutral | 3 | Relating to the confidentiality of photographs of certain residential property held by an appraisal district. | SAME AS HB 2040 by Jim Keffer. Amends Tax Code by adding Sec. 25.027, "Confidentiality of Photographs of Certain Residential Property." Says an aerial photograph that depicts five or more separately owned buildings is not confidential information under confidentiality provision for appraisal district information. [Submitted witness affirmation in opposition, March 9.] |
| 79_R | SB 548 (read bill) | Ellis, D-Houston, et al. | DEAD: left pending in House Corrections | Open Meetings | Support | 2 | Relating to considerations by the Board of Pardons and Paroles regarding clemency matters. | Would amend Open Meetings Act, Government Code Chapter 551.124 so that at the call of the presiding officer of the Board of Pardons and Paroles, the board may hold a hearing on clemency matters by telephone conference call -- or by videoconference call -- and at the conclusion of deliberations the presiding officer shall announce publicly individual members' decisions as to whether to recommend clemency. In addition, would require each member to sign their name with a written recommendation and reasons, if any, for the recommendation. |
| 79_R | SB 549 (read bill) | Ellis-D-Houston | DEAD: left pending in Senate Higher Education subcommittee | Public Information | Support | 2 | Relating to the disclosure of information relating to the investment of the permanent university fund and other funds under the management and control of the board of regents of The University of Texas System. | Would amend Education Code 66.08 by adding (p), (q) and (r), making information about investments and companies within funds public information. Similar in intent to SB 121 by Duncan, which would amend Public Information Act to give public access to state investment information. |
| 80_R | SB 558 (read bill) | Rodney Ellis, D-Houston | PASSED: see companion SB 129 | public information | Support | 1 | Relating to reporting of gifts of cash or a cash equivalent to public officials. | [Same as HB 72 by Fred Hill, HB 255 by Todd Smith and SB 129 by West of Dallas.] Amends Ethics Code, Government Code Sec. 572.022, by adding Subsection (d) requiring filer to report value of a gift. |
| 80_R | SB 592 (read bill) | Jeff Wentworth, R-San Antonio | PASSED: signed by governor; earliest effective date 6/15/07 | open meetings | Support | 2 | Relating to special notice to the news media of the meeting of a governmental body in certain situations under the open meetings law. | Amends Open Meetings Act in two places, Government Code 551.047(c) and 551.052(b), so that presiding officer of governmental body may give notice by telephone, facsimile transmission or electronic mail. Strikes the word "telegraph" and "adds facsimile transmission, or electronic mail." |
| 80_R | SB 596 (read bill) | Jeff Wentworth, R-San Antonio | PASSED: signed by governor; earliest effective date 6/15/07 | public information | Oppose | 1 | Relating to the confidentiality of certain information involving real estate transactions of the School Land Board, Veterans' Land Board, General Land Office, or land commissioner. | [Same as HB 699 by Turner.] Amends Natural Resources Code Sec. 11.086 by making information confidential regarding sale or purchase price of real property under development by state agencies until all deeds are executed and all contracts satisfied. |
| 79_R | SB 604 (read bill) | Ellis, D-Houston | DEAD: killed by author because of bad amendments | Shield | Support | 1 | Relating to a qualified privilege of a journalist not to testify. | Sen. Ellis withdrew SB 604 from further consideration after an unfavorable amendment was attached during Senate floor debate May 9. SB 604 would amend Civil Practice & Remedies Code by adding section 22.012, "Journalist's Testimonial Privilege." Author's language is compatible with doctrine of "qualified privilege" so that a journalist can be compelled to testify if the information 1) is relevant and material to the proper administration of the official proceeding for which the testimony or production is sought; (2) is essential to the maintenance of a claim or defense of the person seeking the testimony or production; and (3) cannot be obtained from alternate sources. |
| 81_R | SB 609 (read bill) | Shapleigh D-El Paso | DEAD: Referred to Senate Business & Commerce, Feb. 23 | public notice | monitor | 3 | Relating to the foreclosure of a contract lien on certain residential real property. | Would amend Government Code by adding Sec. 402.035, RESIDENTIAL PROPERTY FORECLOSURE NOTICE. Says "(a) The attorney general shall adopt a model form for a notice of default required under Section 51.002(d), Property Code." Lacks transparency provision requiring foreclosure notice by publication in newspaper. |
| 81_R | SB 612 (read bill) | Shapleigh D-El Paso | DEAD: Placed on May 1 Senate Intent Calendar | public information | oppose | 2 | Relating to the powers and duties of the Texas Department of Transportation related to rail facilities. | Would amend Transportation Code. On p.10, paragraph (e), a system security plan is confidential and not subject to disclosure, inspection or copying under the Public Information Act. |
| 81_R | SB 624 (read bill) | West D-Dallas | PASSED: Companion bill HB 987 sent to Governor June 3 | public notice | oppose | 1 | Relating to competitive procurement and change order requirements for local governments. [Same as HB 987 by Creighton] | Amends Education Code to increase threshold requirement for competitive bidding to $50,000. |
| 81_R | SB 626 (read bill) | Carona R-Dallas | DEAD: Referred to House Transportation, May 7 | public notice | support | 2 | Relating to the creation, organization, governance, duties and functions of the Texas Department of Vehicles. [Same as HB 3278 by Phillips] | See p.14, Sec. 1003.005, NEWSPAPER PUBLICATION. "Except as otherwise provided by law, a notice or other matter that this code or other law requires the board or the department to publish must be published for three successive weeks in two newspapers that: (1) are printed in this state; and (2) have a general circulation in this state." |
| 80_R | SB 636 (read bill) | Glenn Hegar, R-Katy | PASSED: see companion HB 1042 | public information | Oppose | 1 | Relating to excepting certain crime victim information from required disclosure under the public information law. | [Same as HB 1042 by Pe±a.] Amends Public Information Act, Government Code Sec. 552.132, Exception: Confidentiality of Crime Victim Information. Adds "claimant" to the exception. |
| 81_R | SB 636 (read bill) | Seliger R-Amarillo | PASSED: Signed by Governor, June 19, effective immediately | public information | monitor | 3 | Relating to the authority of a county to receive local sales tax information. | Would amend Tax Code by adding Sec. 323.3022, TAX INFORMATION. Contains Public Information Act and Open Meetings Act exceptions. See paragraph (f), which says, "information received by a county under this section is confidential, is not open to public inspection, and may be used only for the purpose of economic forecasting." And, see paragraph (i), which says, "notwithstanding Chapter 551, Government Code, the commissioners court of a county is not required to confer with one or more employees or a third party in an open meeting to receive information or question the employees or third party regarding the information received by the county under this section." [The LAC originally took a 1-oppose position on this bill, but Seliger's staff pointed out that Tax Code Sec. 111.006, re confidentiality of information in collection procedures, makes the information contemplated in the bill confidential and not to be used publicly, opened to public inspection, or disclosed except as permitted. |
| 81_R | SB 656 (read bill) | Fraser R- Horseshoe Bay | DEAD: Left pending, Senate Natural Resources, March 26 | public notice | support | 2 | Relating to notice of an application for a permit to dispose of oil and gas waste in a commercial disposal well. | Would amend Water Code Sec. 27.034. Requires applicant to publish notice in a newspaper having the largest circulation in the county in which the well is proposed to be located. |
| 80_R | SB 657 (read bill) | Kel Seliger, R-Amarillo | PASSED: signed by governor; earliest effective date 9/1/07 | public notice | Oppose | 1 | Relating to the threshold amount at which certain water districts are required to solicit competitive bids before awarding certain contracts. | [Same as HB 1033 by Puente.] Amends Water Code 49.273 by increasing threshold for advertising competitive bidding from $15,000 to $25,000. |
| 80_R | SB 661 (read bill) | Jeff Wentworth, R-San Antonio | DEAD: recommended for House Calendar, 5/18/07 | open meetings | Oppose | 1 | Relating to the administration, operation, financing, powers, and duties of the Hays Trinity Groundwater Conservation District. | [SAME AS HB 1591 by Rose.] Would amend 3.0306(a), Chapter 966, Acts of the 77th Legislature, Regular Session, 2001, by striking language requiring an open meeting of the Hays Trinity Groundwater Conservation District. |
| 81_R | SB 664 (read bill) | Gallegos D-Galena Park | DEAD: Placed on April 30 Senate Intent Calendar | public information | monitor | 3 | Relating to the establishment and operation of a public building mapping information system by the Texas Facilities Commission. | Would amend Government Code. See Sec. 2152.159, EXCEPTION FROM PUBLIC INFORMATION LAW, which says "Information received and maintained by the commission under this subchapter is excepted from required disclosure under the public information law, Chapter 552." |
| 81_R | SB 671 (read bill) | Shapleigh D-El Paso | PASSED: Signed by Governor, effective Sept. 1, 2010 | public information | monitor | 3 | Relating to information requested by a member, committee, or agency of the legislature under the public information law. | Would amend the Public Information Act, Government Code 552, by adding three paragraphs to 552.008, INFORMATION FOR LEGISLATIVE PURPOSES. See paragraph (b-1), requiring members to sign a confidentiality agreement. |
| 81_R | SB 695 (read bill) | Ellis D-Houston | DEAD: Left pending, Senate State Affairs, March 26 | public information | monitor | 3 | Relating to public access to personal financial statements filed by candidates for and holders of state office and state chairs of political parties. | Would amend Government Code by speeding up the Internet posting requirement. The bill also contains language that would require the removal of financial statement information after the second anniversary date the individual ceases to be a state officer. |
| 81_R | SB 704 (read bill) | Nelson R-Flower Mound | PASSED: Signed by Governor, June 19, effective Sept. 1, 2009 | public information | oppose | 1 | Relating to disclosure of the prices charged to state agencies in connection with pharmacy benefit manager services. [Same as HB 2381 by Kolkhorst] | See Sec. 2158.403, CONFIDENTIALITY, which says, "The information received by a state agency under Section 2158.402 is confidential and may not be disclosed to a person outside of the state agency and its agents." Prices charged to state agencies should remain public information, in the interest of transparency and the public's right to know. |
| 79_R | SB 727 (read bill) | Wentworth, R-San Antonio | PASSED: signed by Governor; earliest effective date Sept. 1, 2005 | Public Information | Support | 2 | Relating to the public information law. | Would amend Public Information Act copy cost guidelines, time period for review of documents and other matters. This is a cleanup bill written by the Open Records Steering Committee. |
| 79_R | SB 743 (read bill) | Fraser, R-Marble Falls | DEAD: House and Senate conferees unable to resolve differences | Open Meetings | Support | 2 | Relating to independent organizations in ERCOT and their regulation and certification by the Public Utility Commission of Texas; providing an administrative penalty. | Would amend Utilities Code. See Sec. 39.1511, "Public Meetings of the Governing Body of an Independent Organization." Says meetings of governing body of independent organization certified under Section 39.151 and meetings of a subcommittee of governing body must be open to the public. Sec. 39.1512, "Disclosure of Interest in Matter Before Independent Organization's Governing Body; Participation in Decision" says that if a matter comes before the governing body of an independent organization certified under Sec. 39.151 and a member or a person that member represents has a direct interest in that matter, the member shall publicly disclose the fact of that interest to the governing body at a public meeting of the body. The member shall recuse himself or herself from the governing body's deliberations and actions on the matter and may not vote on the matter or otherwise participate in a governing body decision on the matter. And, a disclosure made under Subsection (a) shall be entered in the minutes of the meeting at which the disclosure is made. And, the fact that a member is recused from a vote or decision by application of this section does not affect the existence of a quorum. [Submitted witness affirmation in support.] |
| 81_R | SB 780 (read bill) | Watson D-Austin et al. | DEAD: Placed on May 19 Senate Intent Calendar | public information | support | 1 | Relating to disclosure of the individual vote of each member of the Texas Supreme Court on a petition for review. | Would amend Government Code by adding Sec. 22.0071, DISCLOSURE OF INDIVIDUAL VOTES OF MEMBERS. New language says, "In an order granting, refusing, dismissing, or denying a petition for review, the supreme court shall state how each member voted on the petition or application." In March 18 hearing, Watson said it takes the yes votes of four justices for a petition to be approved for hearing, and less than 15 percent of petitions are approved. Watson said that to make these votes public would increase public confidence in the court. |
| 81_R | SB 811 (read bill) | Duncan R-Lubbock | PASSED: Signed by Governor May 19, effective immediately | public notice | support | 2 | Relating to authorizing the board of regents of the Texas Tech University System to transfer the San Angelo Museum of Fine Arts to a nonprofit organization to operate the museum. [Same as HB 1266 by Darby] | Would amend Education Code by adding Section 109A.005, AUTHORITY TO TRANSFER SAN ANGELO MUSEUM OF FINE ARTS. Would require the board of regents to conduct a public meeting regarding the transfer, and would require public notice of the meeting to be published in a newspaper. |
| 81_R | SB 835 (read bill) | Hinojosa D-McAllen | PASSED: Signed by Governor June 19, Sept. 1, 2009 | public notice | oppose | 2 | Relating to powers of the Port of Corpus Christi Authority of Nueces County, Texas, pertaining to land in and adjacent to Naval Station Ingleside. [Same as HB 2605 by Hunter] | See paragraph (d) which says, "Notwithstanding any other law, and subject to the terms of this subsection, the authority may sell or lease surplus property with or without public bidding." As surplus property has value and was purchased with tax dollars, public bidding should be required. |
| 81_R | SB 857 (read bill) | West D-Dallas | DEAD: Reported as substituted, House Higher Education, May 22 | public notice | monitor | 3 | Relating to the purchasing and contracting practices of junior college districts. | Would amend certain public notice requirements in Education Code. See p.12 paragraph (b), language allowing one-time public notice by newspaper if notice also is placed on the Internet. |
| 81_R | SB 882 (read bill) | Carona R-Dallas | PASSED: Signed by Governor June 19, effective immediately | public information | oppose | 1 | Relating to the powers and duties of a regional tollway authority, including the establishment of an administrative adjudication hearing procedure. [Same as HB 2334 by Geren] | Would amend the Public Information Act, Government Code Chapter 552 in two places: SECTION 9, amending Government Code Sec. 552.116(a), adds toll road authorities’ audit working papers to list of governmental bodies’ audit working papers not subject to disclosure. SECTION 10 would amend the Public Information Act, Sec. 552.116(b)(1), so definition of audit includes "a resolution or other action of a joint board or the governing board of a toll project entity described by Subsection (a) and includes an investigation." |
| 80_R | SB 889 (read bill) | Jeff Wentworth, R-San Antonio | DEAD: reported favorably from House State Affairs, 5/18/07 | public information | Oppose | 1 | Relating to the charges for certain public information maintained by a governmental body. | Would amend Public Information Act by adding Government Code 552.261(a-1), to read as follows: If in any calendar month a requestor has been provided at least 50 pages of responsive paper records in compliance with Subsection (a), in connection with a subsequent request by that requestor in that month to the same governmental body for one or more pages of public information in a paper record, the charge for providing the copy of the responsive public information may include costs of materials, overhead, the charge for each page of the paper record that is photocopied at the rate of 10 cents a page, and any other cost or expense incurred in locating, compiling, and photocopying the public information to comply with the request or to provide the copies. At the March 26 hearing, Sen. Wentworth said the Public Information Act is being abused by some requestors, causing governmental bodies to spend large amounts of time and money. He said his bill would allow governmental bodies to recoup certain costs related to a response for public information. Testifying in support were: Lake Travis ISD general counsel Susan Bohn, Lake Travis ISD Superintendent Rockwell Kirk, Elena Lincoln of the Association of Texas Professional Educators, Eanes ISD Superintendent Nola Wellman and a representative on behalf of the San Antonio Water System. David Lowery, Austin American-Statesman, testified in opposition, on behalf of the Texas Daily Newspaper Association and Texas Press Association. Four amendments added to the bill on April 17. |
| 80_R | SB 896 (read bill) | Troy Fraser, R-Marble Falls | DEAD: hearing canceled, House Regulated Industries, 4/24/07 | open meetings | Neutral | 3 | Relating to administrative procedures and energy policy of the Public Utility Commission of Texas. | Would amend Utilities Code by adding 14.051 (b) allowing the PUC to conduct a closed meeting to receive information that it determines is excepted from disclosure under Chapter 552, Government Code, and to deliberate concerning the information. Stipulates that a final action, decision, or vote on the matter deliberated in a closed meeting may only be made in an open meeting held in compliance with Chapter 551, Government Code. |
| 81_R | SB 915 (read bill) | Ellis D-Houston | PASSED: Companion bill HB 670 signed by Governor May 13, effective immediately | Free Flow | support | 1 | Related to a journalist's qualified privilege not to testify. [Same as HB 670 by Martinez-Fischer] | Would amend Civil Practice and Remedies Code chapter 22 by adding Subchapter C, JOURNALIST’S QUALIFIED TESTIMONIAL PRIVILEGE. The purpose of this subchapter is to increase the free flow of information and preserve a free and active press and, at the same time, protect the right of the public to effective law enforcement and the fair administration of justice. |
| 79_R | SB 916 (read bill) | Gallegos, D-Galena Park | Companion bill HB 413 PASSED | Public Information | Neutral | 3 | Relating to the manner of providing notice of a petition or order for the expunction or nondisclosure of certain criminal records. | SAME AS HB 413 by Turner, signed by Governor; earliest effective date Sept. 1, 2005. Amends Code of Criminal Procedure Art. 55, regarding dissemination of notice of hearing on expunction order by hand-delivery, fax or electronic mail. |
| 81_R | SB 920 (read bill) | Harris R-Arlington | DEAD: Not again placed on Senate Intent Calendar, April 27 | public information | oppose | 1 | Relating to the right to an expunction of records and files relating to a person's arrest. [Same as HB 3481 by Veasey] | Would amend Code of Criminal Procedure Art. 55 by allowing expunction of a criminal record if an indictment or information charging the person with commission of a felony was dismissed or quashed under certain conditions. Expunction of criminal record information destroys patterns that later may be discernable, e.g., malicious prosecution, inadequate defense, wrongful conviction. |
| 81_R | SB 921 (read bill) | Fraser R-Marble Falls | DEAD: Set on May 26 House Calendar for Second Reading | public information | support | 2 | Relating to access by the members of electric cooperatives to meetings of the boards of directors and certain information of the electric cooperatives. [Same as HB 1390 by Rose] | Would amend Utilities Code in various ways to increase transparency of electric co-ops by adding open meetings and public information requirements. |
| 79_R | SB 945 (read bill) | Armbrister, D-Victoria | PASSED: signed by Governor; earliest effective date Sept. 1, 2005 | Public Information | Support | 2 | Relating to the filing of a disclosure statement by a vendor or member of a governing body of a port authority or navigation district; imposing a penalty. | SAME AS HB 2334 by Morrison. Would amend Water Code so that a member of the governing body must disclose conflict of interest. |
| 80_R | SB 966 (read bill) | Rodney Ellis, D-Houston, and Robert Duncan, R-Lu | DEAD: after point of order sustained, recommitted to House Judiciary, 5/21/07 | shield | Support | 1 | Relating to a qualified privilege of a journalist not to testify. | [Companion: HB 2249 by Van Arsdale.] Would amend Civil Practice and Remedies Code by adding Subchapter C. Journalist's Qualified Testimonial Privilege. Author's statement of intent: "Currently, whistleblowers are hesitant to come forward to discuss matters of public concern because of fear of retribution. As the law stands, a journalist can make no assurance that a whistleblower's identity or information will be kept confidential without the journalist risking going to jail. Without the ability to promise confidentiality, information will not be provided to reporters and the public will suffer from the resulting lack of information. [This legislation] enacts a qualified privilege providing a balancing test for compelled disclosure of confidential and non-confidential information and sources from a journalist. The test would be applied by an unbiased third party, a judge, rather than the subpoenaing party or the journalist. By adopting this measure, Texas would join 32 other states and the District of Columbia that safeguard the free flow of information and the rights of the journalists to gather and communicate the news without unwarranted intrusion." [In April, the state of Washington enacted a journalists' shield law, making it the 33rd state to do so.] On May 21 in House floor debate, point of order by Riddle sustained by chair, in that bill analysis is inaccurate. [Rule 4 Sec. 32(c).] |
| 81_R | SB 974 (read bill) | Carona R-Dallas | PASSED: Companion bill HB 1411 signed by Governor May 27, effective immediately | public information | oppose | 1 | Relating to records of certain frivolous complaints maintained by the Texas Board of Professional Land Surveying. [Same as HB 1411 by Jones of Lubbock] | Would amend Occupations Code Sec. 1071.204(e), RECORDS OF COMPLAINTS, so that "For any complaint determined to be frivolous or without merit, the complaint and other enforcement case information related to that complaint are confidential. The information may be used only by the board or by its employees or agents directly involved in the enforcement process for that complaint. The information is not subject to discovery, subpoena, or other disclosure." Current language says "A frivolous complaint is public information, except that the license holder's name and other personal information shall be redacted." |
| 81_R | SB 979 (read bill) | Lucio Jr. D-Brownsville | DEAD: Referred to Senate Business & Commerce, March 9 | public notice | monitor | 3 | Relating to foreclosure sales of residential real property. | Would amend Goverment Code by adding Sec. 402.035, RESIDENTIAL PROPERTY FORECLOSURE NOTICE. Includes 21-day notice requirement. Does not include provisions for newspaper notice. |
| 81_R | SB 980 (read bill) | Lucio Jr. D-Brownsville | DEAD: Referred to Senate Business & Commerce, March 9 | public information | monitor | 3 | Relating to reporting of certain information regarding foreclosure sales of residential real property. [Same as HB 2309 by Davis of Dallas] | See p.2 paragraph (d): "The county clerk shall submit the data collected under Section 51.0023, Property Code, to the department monthly. The department shall make the data submitted available to the public on the department's Internet website." And, see p.3 under paragraph (e): "The department shall make the report required under this subsection available to the public on the department's Internet website." |
| 79_R | SB 989 (read bill) | Carona, R-Dallas | DEAD: referred to Health & Human Services and not heard | Public Information | Oppose | 2 | Relating to the regulation of clinical nutritionists and nutrition consultants; providing penalties. | SAME AS HB 44 by Davis of Dallas. Would amend Occupations Code by adding chapter 703, "Clinical Nutritionists and Nutrition Counselors." Problematic Sec. 703.206 would close off public access to certain complaint and investigation records. |
| 80_R | SB 995 (read bill) | Jane Nelson, R-Lewisville | DEAD: referred to House Transportation, 4/5/07 | public information | Support | 1 | Relating to the publication of certain information regarding proposed toll projects. | Would amend Transportation Code by adding Chapter 371, Provisions Applicable to More Than One Type of Toll Project. Contains pro-open government public notices and public hearing requirements. |
| 81_R | SB 1007 (read bill) | Hegar R-Katy | DEAD: Died on House floor point of order, May 23 | public information | monitor | 3 | Relating to the continuation and operation of the Texas Department of Insurance and the operation of certain insurance programs. [HB 1007 same as HB 2203 by Isett] | Would amend Insurance Code so audits, final reports and preliminary reports would be confidential and not subject to the Public Information Act. May 23: One-hour notice to bring up out of its regular order was intended by Rep. Dunnam, however, the bill number was misstated and a point of order was sustained. |
| 81_R | SB 1015 (read bill) | Hegar R-Katy | DEAD: Referred to Senate Business & Commerce, March 13 | public information | oppose | 1 | Relating to continuation and functions of the Texas Residential Construction Commission. [Same as HB 2295 by McClendon] | Would amend Property Code regarding dispute resolution information. Allows removal of final reports on dispute resolution from the commission's website. See SECTION 18, paragraph (h), which says "A final report removed by the commission under Subsection (g) is not public information subject to disclosure under Chapter 552, Government Code." |
| 81_R | SB 1019 (read bill) | Hegar R-Katy | DEAD: Left pending, Senate Transportation & Homeland Security, April 22 | public notice | oppose | 1 | Relating to the continuation and functions of the Texas Department of Transportation, including the transfer of certain functions to the Texas Department of Motor Vehicles. [Same as HB 300 by Isett] | Would amend Transportation Code. Cuts back on public notice of bids. See p.49, Sec. 223.002, NOTICE OF BIDS. Says the department [TxDOT] shall give notice to interested persons regarding the time and place at which bids on a contract will be opened and the contract awarded. The department [TxDOT] by rule shall determine the most effective method for providing the notice required by this section. See strikethrough language, which is current law requiring the publication of a public notice in a newspaper published in the county in which the improvement is to be made. |
| 80_R | SB 1045 (read bill) | Jeff Wentworth, R-San Antonio | DEAD: voted failed in House Higher Education, 5/16/07 | public information | Oppose | 1 | Relating to providing that a performance evaluation of the commissioner of higher education or of a chancellor or university president is confidential. | Would amend Public Information Act by adding Government Code Sec. 552.1231, Exception: Performance Evaluation of Commissioner of Higher Education or Chief Executive Officer of Institution of Higher Education. |
| 80_R | SB 1064 (read bill) | Royce West, D-Dallas | DEAD: reported favorably from House Higher Education, 5/18/07 | public notice | Support | 2 | Relating to the purchasing and contracting practices of junior college districts; providing criminal penalties. | [Same as HB 2373 by Morrison.] Would amend Education Code by allowing school districts to post competitive bidding notices on their websites instead of having them printed a in newspaper. Senate floor amendment by West on April 18 reinstated newspaper notice requirement. |
| 81_R | SB 1068 (read bill) | Wentworth R-San Antonio | PASSED: Signed by Governor June 4, effective immediately | public information | opposed | 1 | Relating to allowing a governmental body to redact certain personal information under the public information law without the necessity of requesting a decision from the attorney general. | Would amend the Public Information Act, Government Code 552.024(c), Government Code, to read "(c) If the employee or official or former employee or official chooses not to allow public access to the information: (1) the information is protected under Subchapter C; and (2) the governmental body may redact the information from any information the governmental body discloses under Section 552.021 without the necessity of requesting a decision from the attorney general under Subchapter G." Sec. 552.021 simply says, "Public information is available to the public at a minimum during the normal business hours of the governmental body." NOTE: This bill was amended in the last hours of the legislative session. The amendment allows travel vouchers of the governor and other top officials to be kept confidential under Government Code chapter 660. The amendment neutralizes a state appellate court ruling rendered shortly before the end of session that made the travel vouchers subject to the Texas Public Information Act. |
| 81_R | SB 1071 (read bill) | Wentworth R-San Antonio | PASSED: Signed by Governor, May 19, effective immediately | public information | support | 1 | Relating to the required disclosure under the public information law of information pertaining to an employee or trustee of a public employee pension system. [SB 1071 same as HB 1707 by Geren] | Would amend the Public Information Act by adding Government Code Sec. 552.0221, EMPLOYEE OR TRUSTEE OF PUBLIC EMPLOYEE PENSION SYSTEM. Says "information concerning the income, salary, benefits, and bonuses received from the pension system by the employee or trustee in the person’s capacity as an employee or trustee of the system, is public information and is not removed from the application of this chapter, made confidential, or otherwise excepted from the requirements of Section 552.021 by the following statutes or by similar statutes intended to protect the records of persons as members, beneficiaries, or retirees of a public employee pension system in their capacity as such ..." |
| 81_R | SB 1081 (read bill) | Huffman R-Houston | PASSED: Signed by Governor June 19, effective immediately | public information | monitor | 3 | Relating to access to criminal history record information by the office of the attorney general. [Same as HB 4292 by Branch] | Would amend Government Code by adding Sec. 411.1271, ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: OFFICE OF THE ATTORNEY GENERAL. Says criminal history record information obtained from other governmental agencies by the office of the attorney general may not be released or disclosed to any person except on court order or with the consent of the person who is the subject of the criminal history record information, and, AG's office shall destroy criminal history record information that relates to a person after the information is used for its authorized purpose. |
| 79_R | SB 1085 (read bill) | Jackson, R-Pasadena | DEAD: referred to Senate Business & Commerce and not heard | Open Meetings | Oppose | 2 | Relating to the operation of the Texas Windstorm Insurance Association. | SAME AS HB 2616 by Eiland. Would amend Insurance Code so that association board may meet via telephone. |
| 80_R | SB 1086 (read bill) | John Carona, R-Dallas | PASSED: signed by governor; earliest effective date 9/1/07 | public notice | Support | 1 | Relating to providing notice of the anticipated fiscal impact of municipal charter amendments. | Amends Local Government Code Sec. 9.004(c) so notice of election and an estimate of anticipated fiscal impact shall be published in a newspaper of general circulation in district. |
| 79_R | SB 1103 (read bill) | Eltife, R-Tyler | PASSED: signed by Governor; earliest effective date June 17, 2005 | Public Notice | Neutral | 3 | Relating to the powers and duties of the General Land Office and the disposition of certain unsurveyed public school land. | SAME AS HB 2203 by Hughes. Would amend Natural Resources Code chapter 51.179 by killing requirement that applicant for sale or lease of vacant land publish notice in newspaper. |
| 80_R | SB 1133 (read bill) | Kevin Eltife, R-Tyler | DEAD: withdrawn from House Local Calendar, 5/23/07 | public information | Support | 1 | Relating to an exception under the public information law regarding the name of an applicant for superintendent of a public school district. | Would amend Public Information Act, Government Code Sec. 552.126 to read as follows: Exception: Name of Applicant for Superintendent of Public School District. (a) The name of an applicant for the position of superintendent of a public school district is excepted from the requirements of Section 552.021, except that the board of trustees must give public notice of the name or names of the finalists being considered for the position at least 21 days before the date of the meeting at which a final action or vote is to be taken on the employment of the person. (b) For purposes of this section, a person is considered to be a finalist for the position of superintendent of a public school district if the person was formally interviewed by the board of trustees in the final round of interviews for the position. Also in support: Texas Classroom Teachers Association. In opposition: Texas Association of School Administrators and Texas Association of School Boards. |
| 79_R | SB 1148 (read bill) | Harris, R-Arlington | DEAD: referred to Senate Jurisprudence and not heard | Public Information | Neutral | 3 | Relating to protecting the confidentiality of certain identifying personal information contained in court records. | Would amend Government Code by adding Section 74.0241, "Rules Regarding Sensitive Information." Says parties in pleadings must enter certain personal information on a sensitive information form. Examples: date of birth and social security number; bank or other financial account numbers and any corresponding personal identification numbers; credit card numbers and any corresponding personal identification numbers; and driver's license number and state of issuance and the number of any other identification card issued by a state or the federal government, including a passport, but not including a State Bar card. |
| 81_R | SB 1149 (read bill) | Hegar R-Katy Huffman R-Houston | PASSED: Signed by Governor May 12, law effective immediately | public notice | monitor | 3 | Relating to authorizing the Texas Board of Criminal Justice to sell certain real property for municipal airport expansion. [Same as HB 2324 by Howard of Fort Bend] | Would amend Government Code 496.0021 by allowing the Texas Board of Criminal Justice to authorize the sale of land directly to a municipality at fair market value without the requirement of a sealed bid sale. |
| 81_R | SB 1174 (read bill) | Patrick R-Houston | DEAD: Referred to Senate Education, March 13 | public notice | support | 2 | Relating to the disposition of the fines collected from persons issued citations for certain offenses by a school district peace officer. | Would amend Code of Criminal Procedure by adding Art. 45.061, DISPOSITION OF FINES COLLECTED FROM PERSONS ISSUED CITATIONS BY SCHOOL DISTRICT PEACE OFFICER. See SECTION 2, paragraph (d) amending the Education Code by creating an annual public notice to be published in a newspaper. Says "A school district that receives a portion of a fine imposed under this section as provided by Article 45.061, Code of Criminal Procedure, shall annually post on an Internet website maintained by the district the amount of funds received by the district and the manner in which the funds are spent. A school district that does not maintain an Internet website must publish the information required by this subsection in a newspaper in the district. If a newspaper is not published in the school district, the district shall provide for the publication of notice in at least one newspaper in the county in which the district's central administrative office is located." |
| 81_R | SB 1182 (read bill) | Wentworth R-San Antonio | PASSED: Signed by Governor June 19, Sept. 1, 2009 [see note below] | public information | support | 2 | Relating to the public information law. [Same as HB 3522 by Ortiz Jr.] | Would amend the Public Information Act, Government Code 552.009, OPEN RECORDS STEERING COMMITTEE: ADVICE TO ATTORNEY GENERAL; ELECTRONIC AVAILABILITY OF PUBLIC INFORMATION. See SECTION 6 of the bill, amending Sec. 552.324, SUIT BY GOVERNMENTAL BODY. Says "(a) The only suit a governmental body may file seeking to withhold information from a requestor is a suit that: (1) is filed in a Travis County district court against the attorney general in accordance with Section 552.325; and (2) seeks declaratory relief from compliance with a decision by the attorney general issued under Subchapter G." [Subchapter G is the process for requesting an open records decision from the attorney general.] NOTE: SECTION 16. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2009. (b) Subsections (b-1) and (b-2), Section 552.008, Government Code, as added by this Act, take effect September 1, 2010. |
| 80_R | SB 1208 (read bill) | John Carona, R-Dallas | DEAD: placed on Senate Intent Calendar for 4/24/07 | public information | Oppose | 2 | Relating to the release of a motor vehicle accident report or certain information in a motor vehicle penalties. | [Same as HB 2828 by Taylor.] Would amend Transportation Code 550.065, Access to Motor Vehicle Accident Reports. Sets new conditions for release of information. Allows information to be released to a newspaper, but not to an ordinary citizen who requests the information. |
| 81_R | SB 1242 (read bill) | Carona R-Dallas | DEAD: Referred to Senate State Affairs, March 17 | newsgathering | oppose | 1 | Relating to the area near a polling place within which electioneering and loitering are prohibited. | Would amend Election Code Section 61.003(a) so that a person commits an offense if, during the voting period, the person loiters or electioneers for or against any candidate, measure or political party within 250 feet of an outside door through which a voter may enter the building in which a polling place is located. Current language sets the distance at 100 feet. precinct election judges often use the 100-foot rule as the boundary for news photographers and reporters. |
| 81_R | SB 1270 (read bill) | Shapleigh D-El Paso | DEAD: Reported favorably, House State Affairs, May 21 | public information | support | 2 | Relating to the online availability of state agency reports required by law. [Same as HB 4326 by Strama] | Would amend Government Code Sec. 441.104, DUTIES OF TEXAS STATE LIBRARY, by requiring the State Library to establish and maintain an index of all current state agency reports required by law and provide electronic access to both the index and the text of the reports through a link on the home page of the Texas Records and Information Locator (TRAIL). |
| 79_R | SB 1274 (read bill) | Jackson, R-Pasadena | DEAD: referred to Senate Criminal Justice and not heard | Public Information | Oppose | 1 | Relating to limiting the inspection of and the public disclosure or release of certain autopsy reports held by a justice of the peace or a medical examiner. | SAME AS HB 2910 by John Davis. Would amend Code of Criminal Procedure 49.15 by making autopsies of homicide victims confidential unless obtained by subpoena. |
| 79_R | SB 1276 (read bill) | Harris, R-Arlington | Companion bill HB 2511 PASSED | Public Information | Oppose | 2 | Relating to financial disclosure by appointed state officers after leaving office. | SAME AS HB 2511 by Denny, signed by Governor; earliest effective date June 17, 2005. Amends Government Code 571.021 so that an appointed officer who is still serving in office after resignation or term has expired would not have to file a personal financial disclosure. |
| 79_R | SB 1327 (read bill) | Armbrister, D-Victoria | DEAD: referred to Senate State Affairs and not heard | Public Information | Oppose | 2 | Relating to the establishment, oversight, and operation of video lottery terminals owned by Indian tribes on Indian lands; providing penalties. | See Sec. 2004.055, a long list of confidentiality provisions. |
| 79_R | SB 1341 (read bill) | Madla, D-San Antonio | DEAD: reported from House Urban Affairs and died in Calendars | Open Meetings | Oppose | 1 | Relating to the functions of the Texas Department of Housing and Community Affairs. | Would amend Government Code Sec. 2306.039 so that board may meet in executive session with the department's internal auditor, fraud prevention coordinator, or ethics advisor to discuss issues related to fraud, waste or abuse. |
| 81_R | SB 1365 (read bill) | Shapleigh D-El Paso | DEAD: Referred to Senate subcmte on Floods and Evacuations, March 17 | public notice | support | 2 | Relating to development regulations in certain flood-prone counties. | Would amend Local Government Code by adding Subchapter O, DEVELOPMENT REGULATIONS IN CERTAIN FLOOD-PRONE COUNTIES. Adds public notice. See p.4, Sec. 231.336. PROCEDURE GOVERNING ADOPTION OF REGULATIONS AND DISTRICT BOUNDARIES. Says "(a) A development regulation adopted under this subchapter is not effective until it is adopted by the commissioners court after a public hearing. Before the 15th day before the date of the hearing, the commissioners court must publish notice of the hearing in a newspaper of general circulation in the county." |
| 81_R | SB 1368 (read bill) | Shapleigh D-El Paso | PASSED: Signed by Governor, June 19; effective Sept. 1, 2009 | public information | oppose | 1 | Relating to the creation of a county ethics commission in certain counties. {Same as HB 2301 by Marquez] | Would amend Local Government Code by adding Chapter 161, COUNTY ETHICS COMMISSION IN CERTAIN COUNTIES. The chapter applies only to a county with a population of 650,000 or more that is located on the international border. See p.4 paragraph (d) requiring public notice of election to be published in a newspaper and on the Internet. See p.5 paragraph (2) which says the commissioners court shall order publication of a notice seeking applicants for four public representative members of the commission. Also see p.28 paragraph (b), which says the Open Meetings Act, Government Code Chapter 551, does not apply to the processing, preliminary review, preliminary review hearing or resolution of a sworn complaint or motion. And, see p.28, Sec. 161.173, CONFIDENTIALITY; OFFENSE. Says proceedings at a preliminary review hearing performed by the commission, a sworn complaint, and documents and any additional evidence relating to the processing, preliminary review, preliminary review hearing or resolution of a sworn complaint or motion are confidential and may not be disclosed unless entered into the record of a formal hearing or a judicial proceeding, "except that a document or statement that was previously public information remains public information." |
| 80_R | SB 1374 (read bill) | John Carona, R-Dallas | PASSED as an amendment to SB 792; awaiting governor's signature | public information | Support | 1 | Relating to the public and governmental oversight of the design, financing, construction, and operation of the Trans-Texas Corridor project. | [Same as HB 2775 by Gattis.] Amends Transportation Code by adding sections 227.005, Public Access to Information; and 227.006, Posting Information Relating to Trans-Texas Corridor on Department's Website, etc. [NOTE: Positive open government aspects of SB 1374 were attached via amendment to SB 792, which passed.] |
| 79_R | SB 1384 (read bill) | Shapiro, R-Plano | DEAD: reported from House Transportation and died in Calendars | Public Notice | Support | 2 | Relating to regional tollway authorities. | Would amend Transportation Code 366.033 so that "Rules adopted by the authority must be published in a newspaper with general circulation in the area in which the authority is located once each week for two consecutive weeks after adoption of the rule. The notice must contain a condensed statement of the substance of the rule and must advise that a copy of the complete text of the rule is filed in the principal office of the authority where the text may be read by any person. A rule becomes effective 10 days after the date of the second publication of the notice under this subsection." [Ken Whalen submitted witness affirmation on behalf of Texas Daily Newspaper Association and Texas Press Association in support of this bill.] |
| 79_R | SB 1403 (read bill) | Armbrister, D-Victoria | DEAD: referred to Senate State Affairs and not heard | Public Information | Oppose | 2 | Relating to authorizing the state to operate video lottery at racetracks, to the operation of video lottery by Indian tribes, to the authority of the Texas Lottery Commission, and to the conduct of gambling in this state; providing penalties. | Would amend Government Code 466.022 so that commission records are excepted from public disclosure. Those records would include security plans and procedures of the commission designed to ensure the integrity and security of the operation of the lottery; information of a nature that is designed to ensure integrity and security of the selection of winning tickets or numbers in the lottery, other than information describing the general procedures for selecting winning tickets or numbers; street address and telephone number of a prize winner, if the prize winner has not consented to the release of the information; and information relating to all system operations of video lottery games, including the operation of the video lottery system, security related to video lottery games, and commission plans and procedures intended to ensure the integrity and security of the operation of video lottery games. |
| 80_R | SB 1447 (read bill) | Robert Duncan, R-Lubbock | PASSED: signed by governor; earliest effective date 5/17/07 | public information | Oppose | 2 | Relating to the investment authority of the Teacher Retirement System of Texas. | [Same as HB 2376 by Gattis.] Amends Government Code by adding Sec. 825.3011(b), Certain Consultations Concerning Investments. Creates an open meetings exception. Paragraph (2)(b) makes certain information confidential if discussed and/or held by the governmental body. |
| 81_R | SB 1454 (read bill) | West D-Dallas | DEAD: Reported favorably, House Criminal Jurisprudence, May 20 | public information | oppose | 1 | Relating to the right to an expunction of records and files relating to a person's arrest. [Same as HB 4135 by Turner] | Would amend Code of Criminal Procedure Art. 55.01(a), entitling a person to have all records and files relating to an arrest expunged if prosecution is no longer possible because: (A) the limitations period has expired; or (B) double jeopardy has attached. |
| 80_R | SB 1499 (read bill) | Judith Zaffirini, D-Laredo | PASSED: signed by governor; earliest effective date 6/15/07 | public notice | Support | 1 | Relating to the meeting notice that a governmental body may post in certain emergency situations. | Amends Open Meetings Act, Government Code Sec. 551.045, by adding Subsection (e) to read as follows: (e) For purposes of Subsection (b)(2), the sudden relocation of a large number of residents from the area of a declared disaster to a governmental body's jurisdiction is considered a reasonably unforeseeable situation for a reasonable period immediately following the relocation. Ken Whalen testified in favor, after Sen. Zaffirini's office added media notification language to a substitute. |
| 81_R | SB 1513 (read bill) | Watson D-Austin | DEAD: Referred to Senate Health & Human Services, March 17 | public information | support | 2 | Relating to long-term care consumer information made available through the Internet. [Same as HB 1453 by Naishtat] | Would amend Government Code chapter 531 with a requirement that the Department of Aging and Disability Services maintain a web site that includes such information as a health care facility's medical loss ratio, complaint information, any sanction or penalty imposed by any state agency, information concerning consumer satisfaction, etc. |
| 81_R | SB 1517 (read bill) | Shapleigh D-El Paso | DEAD: Referred to Senate Criminal Justice, March 17 | public information | monitor | 3 | Relating to the right to an expunction of records and files relating to a person's arrest. | Would amend Code of Criminal Procedure Art. 55.01(a), conditions under which a person might be entitled to have their criminal record expunged. |
| 81_R | SB 1536 (read bill) | Uresti D-San Antonio | DEAD: Reported as substituted, Senate Health & Human Services, May 5 | public information | support | 2 | Relating to preferred drug lists, including confidentiality, supplemental rebate, prior authorization, and publication requirements. | Would amend Government Code chapter 531, giving public access to several types of information related to prescription drugs. Sec. 531.0741, requires the Health and Human Services Commission to publish on the Internet its decisions on preferred drug list placement. |
| 79_R | SB 1537 (read bill) | Armbrister, D-Victoria | PASSED: signed by Governor; earliest effective date May 27, 2005 | Public Information | Oppose | 1 | Relating to the administration, powers, duties, and operation of the Harris-Galveston Subsidence District and the Fort Bend Subsidence District. | SAME AS SB 1680 by Callegari. Would amend this special district local law so that failure to provide notice of regular meeting will not affect validity of any action taken at meeting. Also says district may purchase property from any other governmental entity by negotiated contract without necessity of securing appraisals or advertising for bids. Also kills public notice requirement for designation of depository bank. |
| 79_R | SB 1542 (read bill) | Armbrister, D-Victoria | DEAD: left pending in Senate Natural Resources | Open Meetings | Oppose | 1 | Relating to certain permitting procedures of the Texas Commission on Environmental Quality. | SAME AS HB 2758 by Bonnen. Would amend Water Code and other statutes so that "notwithstanding other law, public notice of a contested case hearing that the commission grants under this section is not required. Notice of a hearing that the commission grants under this section is required to be provided only to the applicant, the office of public interest counsel, the executive director, and the person who requested the hearing." |
| 80_R | SB 1545 (read bill) | Troy Fraser, R-Horseshoe Bay | PASSED: see companion HB 2754 | public notice | Oppose | 1 | Relating to the regulation of state banks and state trust companies. | [Same as HB 2754 by Anchia.] Section 7 amends Finance Code 32.501(c) by killing newspaper notice. Sec. 16 amends Finance Code 182.501(c) by killing newspaper notice of applicant's intention to merge or convert state bank or trust company before the 31st day before the date of the proposed transaction. |
| 80_R | SB 1548 (read bill) | Juan "Chuy" Hinojosa, D-McAllen | PASSED: signed by governor; earliest effective date 9/1/07 | open meetings | Support | 2 | Relating to certain open meetings requirements applicable to a regional mobility authority. | Amends Open Meetings Act, Government Code 551.056(b) and (c) by making the Act apply to a regional mobility authority. |
| 81_R | SB 1603 (read bill) | Shapleigh D-El Paso | DEAD: Referred to House Higher Education, May 21 | public information | support | 2 | Relating to requiring financial disclosure concerning reports prepared by public institutions of higher education for other entities. | Would amend Education Code by adding Section 51.955, REQUIRED DISCLOSURE OF PAYMENT FOR REPORTS. says an institution of higher education that receives payment from another entity to conduct research, analysis, a survey, or other academic, scientific, or technical work and prepare a report of that work shall include in the report: (1) a statement that the institution received payment to conduct the work and prepare the report; (2) the identity of the entity providing the payment; and (3) the amount of the payment. |
| 81_R | SB 1615 (read bill) | Wentworth R-San Antonio | DEAD: Left pending, House Transportation, May 23 | public notice | support | 2 | Relating to the authorization of airport authorities and the issuance of bonds and the exercise of eminent domain by the authorities. | Would amend Transportation Code by adding CHAPTER 27, AIRPORT AUTHORITIES. Under Subchapter F, regarding bonds, Sec. 27.253, NOTICE; CHALLENGES. Says: (a) On the adoption of a resolution providing for the issuance of bonds, an authority may publish, once a week for two consecutive weeks, in a newspaper that is distributed in the county in which the principal office of the authority is located, notice in substantially the following form at the end of which shall be printed the name and title of either the presiding officer or secretary of the authority: "_______, a public corporation of the State of Texas, on the ____ day of _____ authorized the issuance of $______ principal amount of revenue bonds of the corporation for purposes authorized in the Act of the Legislature of Texas under which the corporation was organized. Any action or proceeding questioning the validity of the bonds, or the pledge and any instruments securing the bonds, or the proceedings authorizing the bonds, must be commenced within 20 days after the first publication of this notice." |
| 80_R | SB 1616 (read bill) | Kip Averitt, R-Waco | DEAD: set on House Local Calendar, 5/22/07 | public information | Support | 2 | Relating to restitution and other assistance provided to victims of crime and to related claimants. | [SAME AS HB 2214 by Turner.] Would amend Code of Criminal Procedure with requirement that Texas Department of Criminal Justice publish an annual statistical report on restitution payments. Would amend Government Code with requirement that Office of Court Administration of the Texas Judicial System publish an annual statistical report on court-ordered restitution in criminal cases. Would amend Human Resources Code with requirement that local juvenile parole offices submit to the Texas Youth Commission a quarterly report of all restitution payments made. |
| 79_R | SB 1617 (read bill) | Ogden, R-Bryan | Companion bill HB 2753 PASSED | Public Information | Oppose | 1 | Relating to the powers, duties, and functions of the Legislative Budget Board. | SAME AS HB 2753 by Pitts, signed by Governor; earliest effective date June 17, 2005. Would amend Government Code Sec. 322.019 so that "Communications, including conversations, correspondence, and electronic communications, between a member of the legislature or the lieutenant governor and an assistant or employee of the board that relate to a request by the official for information, advice, or opinions from an assistant or employee of the board are confidential. Information, advice, and opinions given privately by an assistant or employee of the board to a member of the legislature, or the lieutenant governor, acting in the person's official capacity, are confidential. However, the member or lieutenant governor may choose to disclose all or a part of the communications, information, advice, or opinions to which this section applies, and such a disclosure does not violate the law of this state." |
| 80_R | SB 1619 (read bill) | Eddie Lucio, D-Brownsville | PASSED: signed by governor; earliest effective date 9/1/07 | public information | Oppose | 1 | Relating to unemployment compensation information confidentiality. | [Same as HB 3825 by Morrison.] Makes Texas Workforce Commission unemployment compensation information regarding an individual not subject to the Public Information Act. |
| 81_R | SB 1622 (read bill) | Wentworth R-San Antonio | DEAD: Referred to Senate Government Organization, March 20 | public notice | support | 2 | Relating to the regulation of off-premises signs in the unincorporated area of a county. [Same as HB 2948 by Miller of Comal] | Would amend Local Government Code by adding Sec. 240.908, REGULATION OF OFF-PREMISES SIGNS. Says the commissioners court of a county by order may prohibit the erection of off-premises signs along roads in the unincorporated area of the county. The commissioners court may not require the relocation, reconstruction, or removal of an off-premises sign in existence on the effective date of this section. And, before issuing such an order, the commissioners court shall hold a public hearing on the proposed order. Before the 15th day before the date of the hearing, the commissioners court must publish notice of the hearing in a newspaper of general circulation in the county. |
| 81_R | SB 1629 (read bill) | Wentworth R-San Antonio | PASSED: Signed by Governor, June 19, effective Sept. 1, 2009 | public information | support | 1 | Relating to persons exempted from required prepayment of personnel costs incurred by governmental body in responding to requests from a requestor under the public information law that require large amounts of personnel time. [Same as HB 4147 by Rose] | Exempts from public information prepayment requirement "a newspaper of general circulation that is published on the Internet by a news medium engaged in the business of disseminating news or information to the public" and other media. |
| 81_R | SB 1673 (read bill) | Hinojosa D-McAllen | DEAD: Left pending, Senate Jurisprudence, May 13 | public information | support | 1 | Relating to the secrecy of a grand jury subpoena or summons. | Would amend Code of Criminal Procedure Art. 20.02. Says a subpoena or summons relating to a grand jury proceeding or investigation must be kept secret to the extent and for as long as necessary to prevent the unauthorized disclosure of a matter before the grand jury, but this does not limit a disclosure to a news media employee who is engaging in a news-gathering activity. Defines newspaper with reference to Government Code Sec. 2051.044. |
| 79_R | SB 1651 (read bill) | Staples, R-Palestine | DEAD: passed Senate; referred to House State Affairs and not heard | Public Information | Oppose | 1 | Relating to the creation of an office of inspector general at certain state agencies. | SAME AS HB 2854 by Uresti. Would create Government Code Ch. 2115, "Inspectors General." All information and material compiled by an inspector general during an investigation or audit would be confidential and not subject to disclosure, discovery, subpoena or other means of legal compulsion for release to anyone other than the office or its agents. |
| 81_R | SB 1685 (read bill) | Hinojosa D-McAllen | PASSED: Signed by Governor June 19, effective immediately | public notice | support | 2 | Relating to the creation of a district court records technology fund. [Same as HB 3312 by Gonzales] | Would amend Government Code by adding Sec. 51.305, DISTRICT COURT RECORDS TECHNOLOGY FUND. See paragraph (f) which says the district clerk in a county that adopts a fee under this section shall prepare an annual written plan for the preservation and restoration of the district court records archive. The commissioners court shall publish notice of a public hearing on the plan in a newspaper of general circulation in the county not later than the 15th day before the date of the hearing. |
| 81_R | SB 1686 (read bill) | Hinojosa D-McAllen | DEAD: Referred to Senate Criminal Justice, March 20 | public information | oppose | 1 | Relating to discovery in a criminal case. [Same as HB 301 and HB 1168, both by Dutton] | See Sec. 11, DISCLOSURE TO THIRD PARTIES. Neither the attorney representing the state nor the attorney representing the defendant may disclose, without obtaining approval of the trial court, information or witness statements received from the opposing party to any third party, including the defendant, other than to an investigator, expert, or other agent for the attorney representing the state or the attorney representing the defendant, as applicable. Information or witness statements received under this article may not be made available to the public. Also see Sec. 13, CONFLICT OF LAW. Says "To the extent of any conflict, this article prevails over Chapter 552, Government Code." |
| 81_R | SB 1692 (read bill) | Wentworth R-San Antonio | DEAD: Reported favorably, House State Affairs, May 20 | public information | monitor | 3 | Relating to the confidentiality of certain personal information concerning current and former employees of certain divisions of the office of the attorney general. [Same as HB 1773 by Fletcher] | Would amend Public Information Act, Government Code Sec. 552.1175(a) by adding paragraph (7), which makes confidential certain information about current and former employees of the office of the attorney general who are or were assigned to a division of that office the duties of which involve criminal law enforcement. Also adds same amendment to Tax Code chapter 25. |
| 80_R | SB 1758 (read bill) | Kyle Janek, R-Houston | DEAD: placed on Senate Intent Calendar for 4/27/07 | public notice | Oppose | 1 | Relating to notice requirements for changes in the effective tax rate. | Would amend Tax Code so that the governing body of a school district may adopt a higher effective tax rate without being subject to published notice requirements if the total amount of taxes levied either decreases or remains unchanged. |
| 80_R | SB 1765 (read bill) | Kirk Watson, D-Austin | PASSED: signed by governor; earliest effective date 9/1/07 | public notice | Oppose | 1 | Relating to the authority of a municipality to enter into contracts without competitive bidding; making conforming changes. | [Same as HB 3506 by Martinez-Fischer.] Amends Government Code Sec. 252.021(a) by raising threshold for notice of competitive bidding from $25,000 to $50,000. |
| 81_R | SB 1779 (read bill) | Hinojosa D-McAllen | DEAD: Set on May 26 House Local Calendar for Second Reading | public notice | support | 2 | Relating to the establishment of the official citrus producers’ pest and disease management corporation. [Same as HB 4578 by Martinez] | Would amend Agriculture Code regarding the creation of a pest management zone and election of a board of directors. See p.9, paragraph (g), which says a board election must be preceded by at least 45 days’ notice published in one or more newspapers published and distributed in the proposed or established pest management zone. The notice shall be published not less than once a week for three consecutive weeks. [House sponsor Mando Martinez, D-Weslaco] |
| 80_R | SB 1812 (read bill) | Robert Duncan, R-Lubbock | DEAD: left pending in House Judiciary, 5/14/07 | public notice | Oppose | 1 | Relating to electronic publication of legal notice. | Would amend Government Code by adding Chapter 2311, Electronic Posting of Legal Notice. Would require the state Office of Court Administration to enter into an contract with a private website service provider to create and maintain a statewide public notice website. Governmental bodies would be able to post public notices on this site for a $10-per-notice fee. The bill was amended by Sen. Duncan so that notice requirements presently in rules or statutes are preserved. However, even if this legislation passes as amended, it is possible that there would be no new print notice requirements enacted by future legislatures or adopted by rulemaking agencies. Another negative is that the bill appears to steer business toward a particular company. |
| 79_R | SB 1812 (read bill) | Wentworth, R-San Antonio | DEAD: failed in Senate State Affairs | Public Information | Neutral | 3 | Relating to oral requests for public information. | Would amend Public Information Act by adding Section 552.2215, "Oral Requests for Public Information." Says a governmental body or an officer for public information may establish an automated public information request telephone line. Also amends 552.301 setting forth procedures by which a governmental entity must respond to oral requests for public information. |
| 80_R | SB 1833 (read bill) | Robert Duncan, R-Lubbock | PASSED: signed by governor; earliest effective date 9/1/07 | open meetings | Oppose | 1 | Relating to the administration and powers of the Canadian River Municipal Water Authority. | [Same as HB 3559 by Swinford.] Allows the river authority's board of directors or committees to conduct meetings by telephone conference call, video conference call, or through communications via Internet. Allows an authorized closed meeting to "include officers and employees of constituent cities of the district and other persons the board determines to be necessary or helpful." Also, strikes language requiring competitive bidding notices. |
| 80_R | SB 1848 (read bill) | Robert Duncan, R-Lubbock | DEAD: recommitted to House Appropriations, 5/22/07 | public information | Oppose | 1 | Relating to state fiscal matters. | [Same as HB 3767 by Keffer.] Adds date of birth, social security number and personal family information to opt-out provisions in the Public Information Act for current and former employees and officials of a governmental body. Current law only restricts public access to address and telephone number. [On May 22, point of order sustained under Rule 4, Section 32(c), regarding contents of bill analysis.] |
| 80_R | SB 1854 (read bill) | Mario Gallegos, D-Galena Park | DEAD: set on House Local Calendar for 5/22/07 | public information | Oppose | 2 | Relating to the exception of an audit working paper of a school district from required disclosure under the public information law. | [Same as HB 3649 by Alma Allen.] Would amend Public Information Act, Government Code 552.116(a), so that an audit working paper of a school district is excepted from disclosure. Also would amend 552.116(b)(1) so that a resolution or other action of a board of trustees of a school district will be treated as an audit working paper. |
| 80_R | SB 1868 (read bill) | Judith Zaffirini, D-Laredo | PASSED: see companion HB 2618 | public notice | Oppose | 1 | Relating to authorizing political subdivisions to lease property owned by the political subdivision to other governmental entities without following competitive purchasing procedures. | [Same as HB 2618 by Guillen.] Amends Local Government Code by adding Sec. 272.005, Lease of Property to Governmental Entity. Political subdivision no longer required to comply with competitive bidding and notice requirements presently in statute. |
| 81_R | SB 1874 (read bill) | Zaffirini D-Laredo | DEAD: Referred to Senate Intergovernmental Relations, March 24 | public notice | support | 2 | Relating to requiring a municipality or county to publish a notice of intent before issuing anticipation notes. | Would amend Government Code by adding Section 1431.0031, NOTICE OF INTENTION TO ISSUE ANTICIPATION NOTES; PETITION AND ELECTION. Says, "(a)Regardless of the sources of payment of anticipation notes, anticipation notes may not be issued unless the issuer publishes notice of its intention to issue the anticipation notes. The notice must be published once a week for two consecutive weeks in a newspaper, as defined by Subchapter C, Chapter 2051, that is of general circulation in the area of the issuer, with the date of the first publication to be before the 30th day before the date tentatively set for the passage of the order or ordinance authorizing the issuance of the anticipation notes. (b) The notice must state: (1) the time and place tentatively set for the passage of the order or ordinance authorizing the issuance of the anticipation notes; (2) the maximum amount and purpose of the anticipation notes to be authorized; and (3) the manner in which the anticipation notes will be paid for, whether by taxes, revenues, a combination of taxes and revenues, or the proceeds of bonds to be issued by the issuer." |
| 81_R | SB 1907 (read bill) | Hinojosa D-McAllen | PASSED: Companion bill HB 472 signed by Governor May 27, effective Sept. 1, 2009 | public notice | oppose | 2 | Relating to requirements regarding reporting by a common carrier or pipeline owner or operator of contamination. [Same as HB 472 by Hilderbran] | Would amend Natural Resource Code by establishing a mechanism to notify a landowner of petroleum leak/spill/contamination. Public would be better served by a published notice. |
| 81_R | SB 1909 (read bill) | Hinojosa D-McAllen | DEAD: Reported favorably, House Public Safety, May 18 | public information | monitor | 3 | Relating to the establishment by the Texas Forensic Science Commission of a DNA laboratory audit program. [Same as HB 4143 by Gallego] | Would amend Code of Criminal Procedure Art. 38 by adding DNA LABORATORY AUDIT PROGRAM. The commission would establish a DNA laboratory audit program to conduct periodic unannounced audits of DNA laboratories in Texas. See paragraph (c) requiring the commission to prepare a written report summarizing each audit and specifying whether the laboratory must take any corrective action. See paragraph (e) requiring the commission to make the reports available to the public. |
| 81_R | SB 1912 (read bill) | Duncan R-Lubbock | DEAD: Reported favorably without amendments, House State Affairs, May 21 | public information | oppose | 1 | Relating to the disclosure of personally identifiable information under the public information law. [Same as HB 4207 by Giddings] | Would amend Public Information Act by adding Government Code 552.150, EXCEPTION: DATES OF BIRTH OF EMPLOYEES OF GOVERNMENTAL BODIES. Introduced version of the bill excepted from disclosure the date of birth of a current or former official or employee of a governmental body and allowed a governmental body to redact the date of birth of a current or former official or employee of a governmental body from any information the governmental body discloses without the necessity of requesting a decision from the attorney general. The Senate approved a committee substitute that instead makes public availability of DOB the subject of a study to be conducted during the legislative interim. |
| 81_R | SB 1916 (read bill) | West D-Dallas | DEAD: Set on May 21 House General State Calendar | public information | oppose | 2 | Relating to the automatic expunction of arrest records and files pertaining to an individual who has been pardoned. | Would amend Code of Criminal Procedure Art. 55.02 by adding Section 1a, requiring the trial court presiding over a case in which a defendant is convicted and subsequently pardoned to enter an order of expunction of arrest records and files. Reasons for not expunging this kind of record: preservation of history, possible future showing of evidence of malicious prosecution, wrongful conviction, incompetent defense at the trial court level, etc. [At March 31 committee hearing, Sen. Ellis, speaking on behalf of Sen. West, said without an expunction, the full benefit of the pardon cannot be realized by the pardonee.] |
| 81_R | SB 1968 (read bill) | West D-Dallas | DEAD: Referred to Senate Intergovernmental Relations, March 24 | public notice | support | 2 | Relating to the creation and operation of higher education enhancement districts. | Would amend Education Code by adding SUBTITLE I. HIGHER EDUCATION DISTRICTS, CHAPTER 159. HIGHER EDUCATION ENHANCEMENT DISTRICTS. See Sec. 159.004, PUBLIC HEARING. "Before entering into a memorandum of understanding for the creation of a district under Sec. 159.005, the governing bodies of the municipalities, school districts, and public or private institutions of higher education seeking to establish a district shall, after notice published in one or more newspapers having general circulation in the territory in which the district may be established, hold at least one public hearing at which any interested person may appear and offer testimony regarding the establishment of a district." |
| 81_R | SB 2023 (read bill) | Watson D-Austin | DEAD: Referred to Senate Intergovernmental Relations, March 24 | public notice | support | 2 | Relating to the dissolution of certain municipal utility districts that are located in more than one municipality. | Would amend Local Government Code by adding Sec. 43.0741, ABOLITION AND ASSUMPTION OF FUNCTIONS OF MUNICIPAL UTILITY DISTRICT LOCATED IN MORE THAN ONE MUNICIPALITY. See p.3 line 3, requiring the governing body of the municipality to publish notice of the hearing, including the date, time and location of the hearing, in a newspaper of general circulation in the municipality. |
| 81_R | SB 2040 (read bill) | Ellis D-Houston | PASSED: Companion bill HB 3009 signed by Governor June 19, effective immediately | public notice | support | 2 | Relating to the authority of municipal management districts to consolidate. [Same as HB 3009 by Coleman] | Would amend Local Government Code by adding SUBCHAPTER P, CONSOLIDATION OF DISTRICTS. See p.2, Sec. 375.353, NOTICE AND HEARING ON CONSOLIDATION. "(a) Each district’s board shall publish notice and hold a public hearing in its district regarding the terms and conditions for consolidation of the districts. Such notice shall be published at least once in a newspaper with general circulation in the affected districts at least seven (7) days prior to the hearing." |
| 81_R | SB 2075 (read bill) | Hinojosa D-McAllen | DEAD: Reported as substituted, Senate Criminal Justice, May 4 | public information | oppose | 1 | Relating to the consequences of community supervision and to petitions and procedures for the expunction of criminal records and files and to orders of nondisclosure. [Same as HB 2213 by Farrar] | Would amend Code of Criminal Procedure so that a person who is the subject of an order of deferred adjudication community supervision that has resulted in a discharge and dismissal may be entitled to the expunction of their criminal record. The type of misdemeanor or felony committed would affect the number of years a person would have to wait to petition a court for expunction. |
| 81_R | SB 2081 (read bill) | Uresti D-San Antonio | DEAD: Recommended for Senate Local / Uncontested Calendar, April 21 | public notice | support | 2 | Relating to reports regarding the provision of emergency ground ambulance services in counties. [Same as HB 4532 by Chavez] | Would amend Health & Safety Code by adding Sec. 774.005, COUNTY SELF-ASSESSMENT OF PROVISION OF EMERGENCY GROUND AMBULANCE SERVICES. See p.2 paragraph (e), requiring each county to publish a report on the availability of emergency ground ambulance services within the county. The county shall make the report available on the county’s Internet website and annually publish a summary of the report, together with the address of the website containing the report, in a newspaper of general circulation in the county. If the county does not operate a website, the county shall publish the report annually in a newspaper of general circulation in the county. |
| 81_R | SB 2100 (read bill) | Wentworth R-San Antonio | DEAD: Returned as substituted to Senate Veterans Affiars, May 6 | public notice | support | 2 | Relating to granting certain counties regulatory authority around military facilities in certain circumstances. | Would amend Local Government Code Chapter 231 by adding SUBCHAPTER M. PROTECTION OF MILITARY INSTALLATIONS. See p.5, Sec. 231.277, PROCEDURE GOVERNING ADOPTION OF REGULATIONS. "(a) A protection regulation adopted under Section 231.273(a)(1) is not effective until it is adopted by the commissioners court after a public hearing. Before the 15th day before the date of the hearing, the commissioners court must publish notice of the hearing in a newspaper of general circulation in the county." |
| 81_R | SB 2140 (read bill) | Wentworth R-San Antonio | DEAD: Referred to Senate State Affairs, March 31 | public information | monitor | 3 | Relating to requests to inspect or be provided with copies of information under the public information law. | Would amend Public Information Act, Government Code 552, in three places, concerning treatment of requests for public information. |
| 81_R | SB 2145 (read bill) | West D-Dallas | DEAD: Reported favorably, House State Affairs, May 22 | public notice | support | 2 | Relating to publication of notice for certain transactions involving local government entities. | Would amend Education Code 44.031 and Local Government Code 252.041, 262.025, 263.153 and 271.025 with positive additions to public notice requirements. |
| 81_R | SB 2154 (read bill) | Wentworth R-San Antonio | DEAD: Reported favorably, House State Affairs, May 21 | public information | oppose | 1 | Relating to the confidentiality of certain travel vouchers submitted by certain peace officers. | Would amend Government Code by adding Sec. 660.2035, TRAVEL VOUCHERS OF CERTAIN OFFICERS. "(a) A travel voucher submitted by a peace officer for travel authorized and required to provide personal protection for an elected official or a member of an elected official’s family is confidential and not subject to disclosure under Chapter 552." This language creates a Public Information Act exception. |
| 81_R | SB 2165 (read bill) | Ellis D-Houston | DEAD: Referred to Senate Business & Commerce, March 31 | public information | monitor | 3 | Relating to the disclosure of electricity generation offers received by ERCOT. | Would amend Utilities Code by adding Sec. 39.1516, DISCLOSURE OF ELECTRICITY GENERATION OFFERS. Requires ERCOT to post electricity generation offers on its web site. |
| 81_R | SB 2202 (read bill) | Wentworth R-San Antonio | DEAD: Referred to Senate Intergovernmental Relations, March 31 | public notice | support | 2 | Relating to authorizing municipalities and counties to regulate land development in certain unincorporated areas. [Same as HB 4262 by Rodriguez] | Would amend Local Government Code by adding Subchapter B, AUTHORITY TO REGULATE LAND DEVELOPMENT IN MUNICIPALITY’S EXTRATERRITORIAL JURISDICTION IN CERTAIN COUNTIES. See p.4, Sec.A242.053, JOINT PROCEDURES GOVERNING ADOPTION OF ZONING REGULATIONS AND DISTRICT BOUNDARIES. "(a) The governing bodies of the municipality and the county shall establish joint procedures for adopting and enforcing the regulations and district boundaries. A regulation or boundary is not effective until it is adopted by the governing bodies of the municipality and the county after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard. Before the 15th day before the date of the hearing, the governing bodies of the municipality and the county must publish notice of the time and place of the hearing in an official newspaper or a newspaper of general circulation in the extraterritorial jurisdiction." |
| 81_R | SB 2221 (read bill) | Carona R-Dallas | DEAD: Referred to House Judiciary & Civil Jurisprudence, May 15 | public information | oppose | 1 | Relating to the eligibility of certain criminal defendants for an order of nondisclosure. | Would amend Government Code Chapter 411 with changes to law governing expunction of criminal records. Consideration given to severity of crime, age at which crime was committed, etc. |
| 81_R | SB 2222 (read bill) | Van de Putte D-San Antonio | DEAD: Set on May 21 House Major State Calendar | public notice | support | 2 | Relating to authorizing the creation of regional military sustainability commissions around military installations and requiring certain property disclosures. | Would amend Local Government Code by adding Chapter 397A, REGIONAL MILITARY SUSTAINABILITY COMMISSIONS RELATING TO MILITARY INSTALLATIONS. Pages 2,3, Sec. 397A.003, HEARING ON CREATION OF COMMISSION, adds two public hearings to consider the creation of the proposed commission and requires notice of the hearings to be published in a newspaper of general circulation in the proposed territory. Pages 4,5, Sec. 397A.006. REGIONAL PLAN, adds required notice of the commission’s proposed plan to be published in a newspaper of general circulation in the commission’s territory. |
| 81_R | SB 2223 (read bill) | Van de Putte D-San Antonio | DEAD: Reported without amendments, House Defense & Veterans Affairs, May 20 | public notice | support | 2 | Relating to allowing a municipality to create a defense base regulatory authority. | Would amend Local Government Code Chapter 375 by adding Subchapter Q, DEFENSE BASE REGULATORY AUTHORITY. See p.2, Sec. 375.404, HEARING ON CREATION OF AUTHORITY. "(a) Not earlier than the 60th day or later than the 30th day before the date the governing body of the municipality creates the authority, the governing body shall hold two public hearings to consider the creation of the proposed authority. The governing body must publish notice of the hearing in a newspaper of general circulation in the proposed authority at least seven days before each public hearing." |
| 81_R | SB 2439 (read bill) | Uresti D-San Antonio | DEAD: Voted favorably, House Defense & Veterans Affairs, May 21 | public notice | support | 2 | Relating to granting certain local governments general zoning authority around certain military facilities. [Same as HB 2056 by Gallego] | Would amend Local Government Code by adding Chapter 241A, MUNICIPAL AND COUNTY ZONING AUTHORITY AROUND AIR FORCE FACILITY. See p.4, Sec. 241A.006, PROCEDURE GOVERNING ADOPTION OF REGULATIONS AND DISTRICT BOUNDARIES. "(a) A development regulation adopted under this chapter is not effective until it is adopted by the governing bodies of a municipality and the county in the regulated area after a joint public hearing. Before the 15th day before the date of the hearing, the governing bodies of the municipality and the county must publish notice of the hearing in a newspaper of general circulation in the county." |
| 81_R | SB 2440 (read bill) | Uresti D-San Antonio | PASSED: Senate adopted conference report, June 1 | public notice | support | 2 | Relating to providing an oversight mechanism for the Bexar Metropolitan Water District, including enforcement authority, and authorizing a dissolution election. | See p.2, Sec. 33B, ELECTION ON DISSOLUTION AND CONSERVATORSHIP, and on p.3, Sec. 33C, NOTICE OF ELECTION. "The Board shall give notice of the election by publishing a substantial copy of the election order in a newspaper with general circulation in the District once a week for two consecutive weeks. The first publication must appear at least 35 days before the date set for election." See pp. 12,13 under SECTION 6, DISSOLUTION BY ELECTION AFTER FAILED REHABILITATION, Sec. 35A, NOTICE OF ELECTION. "The Conservator shall give notice of the election by publishing a substantial copy of the election order in a newspaper with general circulation in the District once a week for two consecutive weeks. The first publication must appear at least 35 days before the date set for election." |
| 81_R | SB 2451 (read bill) | Wentworth R-San Antonio | DEAD: Referred to Senate Intergovernmental Relations, March 31 | public notice | support | 2 | Relating to authorizing certain counties to adopt buffer zone regulations and comprehensive land development plans. | Would amend Local Government Code by adding Chapter 236, REGULATION OF LAND DEVELOPMENT IN CERTAIN COUNTIES, which applies only to a county with a population of more than 800,000 and not more than 1.3 million. On p.3, see Sec. 236.006, PROCEDURE GOVERNING ADOPTION OF REGULATIONS. Says "(a) A buffer zone regulation under this chapter is not effective until the regulation is adopted by the commissioners court after a public hearing. Before the 15th day before the date of the hearing, the commissioners court must publish notice of the hearing in a newspaper of general circulation in the county." |
| 81_R | SB 2556 (read bill) | Huffman R-Houston | DEAD: Referred to House Defense & Veterans Affairs, May 13 | public information | oppose | 1 | Relating to confidentiality of information regarding certain agents. | Would amend Public Information Act by adding Section 552.151, EXCEPTION: INFORMATION REGARDING SELECT AGENTS. Says information that pertains to a biological agent or toxin identified or listed as a select agent under federal law, including under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (Pub. L. No. 107-188) and regulations adopted under that Act, is confidential and excepted from the requirements of Section 552.021, including information pertaining to: (1) the location of a select agent; (2) security and safeguard protections; (3) site-specific or transfer-specific documentation; or (4) the identity of an individual authorized to possess, use, or access a select agent. |
| 79_R | SJR 6 (read bill) | Carona, R-Dallas | DEAD: vote failed in Senate Committee on Administration | Public Information | Support | 1 | Proposing a constitutional amendment to require a House or committee of the Legislature to take a record vote on certain legislative measures and actions. | SAME AS HJR 17 by Peńa and HJR 27 by Naishtat. Proposes constitutional amendment requiring record votes on most matters before the Legislature. |
| 80_R | SJR 7 (read bill) | John Carona, R-Dallas; coauthors Hinojosa/Wentwo | DEAD: referred to Committee on Administration, 1/29/07 | public information | Support | 1 | Proposing a constitutional amendment to require a house or committee of the legislature to take a record vote on certain legislative measures and actions and to provide for public access to those record votes. | [Same as HJR 17 by Naishtat.] Would require that a vote taken by either House or by a committee of either house must be by record vote of the yeas and nays entered in the journal of that House or in the committee minutes, as appropriate, if the vote is on approval or disapproval of a bill, a measure proposing or ratifying a constitutional amendment, an amendment or substitute to such a bill or measure, the appointment or election of a legislative officer or other public official, or the confirmation of an appointment or nomination to public office; and the yeas and nays of the members of either House on any other question before that House shall, at the desire of any three members present, be entered on the journals. Also would require each house to establish procedures to make each record vote widely available to the public through the Internet or another suitable method. |