Keyword Search:  
 click search without a keyword for all bills.

Use the headings on top of the table to sort your results. Click the heading again to re-sort from ascending to descending order. See description of priority rankings.
Session Bill Number author status type position priority caption comments
82_R HB 66 (read bill) Martinez, D-Weslaco DEAD: March 2 left pending House State Affairs 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 by adding paragraph (c) to Sec. 306.003, making confidential the identity of a resident who communicated with a member of the legislature or the lieutenant governor, and by adding paragraph (d) to Sec. 306.004, making confidential the communication or a description of the communication that would tend to identify the resident.
82_R HB 76 (read bill) Flynn, R-Canton DEAD: April 13 reported as substituted House State Affairs public information oppose 1 Relating to certain purchases by a state agency performing a law enforcement function. Would amend Government Code by adding Sec. 2155.151, CERTAIN PURCHASES BY STATE AGENCY PERFORMING LAW ENFORCEMENT FUNCTIONS. Makes information about purchases not subject to publication in the Texas Register if doing so would negatively affect homeland security.
82_R HB 81 (read bill) Flynn, R-Canton DEAD: Feb. 9 referred to House State Affairs public notice monitor 3 Relating to the use of public funds to print certain public documents in a language other than English and other bilingual requirements. Would amend Government Code by adding Sec. 2051.076, USE OF PUBLIC MONEY TO PRINT PUBLIC DOCUMENTS IN LANGUAGE OTHER THAN ENGLISH. Ends requirement that public notices be published in Spanish. Would not apply to a historical document originally printed in a language other than English; or a document required under federal law or by the federal government to be printed in a language other than English.
82_R HB 100 (read bill) Martinez Fischer, D-San Antonio DEAD: March 24 left pending House Homeland Security 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 and the Code of Criminal Procedure so that the Department of Public Safety may not charge for processing an electronic inquiry made via the Internet under a proposed Sec. 411.1355 creating a central database of offenders who have committed offenses involving family violence, or Code of Criminal Procedure Art. 62.005, the current database containing public information about convicted sex offenders.
82_R HB 115 (read bill) McClendon, D-San Antonio DEAD: April 21 failed in House on vote of 91-51 public information monitor 3 Relating to the creation of a commission to investigate convictions after exoneration and to prevent wrongful convictions. Would amend Code of Criminal Procedure by adding Art. 43.27 creating a Texas Innocence Commission. Section 8 of the bill makes working papers and records in possession of the commission exempt from disclosure under Government Code Chapter 552, the Texas Public Information Act.
82_R HB 161 (read bill) Raymond, D-Laredo DEAD: May 16 referred to Senate Criminal Justice public information support 2 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 by adding Sec. 411.1355, PUBLIC ACCESS TO CRIMINAL HISTORY RECORD INFORMATION CONCERNING CERTAIN INTOXICATION OFFENSES. Allows public access to violators' record information. Includes creation of free web access to the information.
82_R HB 193 (read bill) Walle, D-Houston DEAD: March 22 left pending, House Natural Resources open meetings monitor 3 Relating to the location of water utility rate hearings conducted by the Texas Commission on Environmental Quality. Would amend Water Code Chapter 13 by allowing the TCEQ to hold hearings at a location within the service area of the utility that is the subject of the hearing. Bill would be improved if it language were added requiring hearings to be held in a location accessible to the public.
82_R HB 230 (read bill) Phillips, R-Sherman (Senate sponsor Gallegos) DEAD: May 24 placed on Senate Intent Calendar public notice support 2 Relating to the authority of a county to regulate the location of halfway houses in the unincorporated areas of the county; providing a penalty. Would amend Local Government Code by adding Sec. 240.855 requiring public notice of application for permit to operate a halfway house.
82_R HB 279 (read bill) Geren, R-Fort Worth PASSED: see companion SB 18 public information monitor 3 Relating to the use of eminent domain authority. (Companions: SB 18 and SB 180 by Estes) Would amend Government Code Chapter 2206, Eminent Domain. Prohibits a governmental or private entity from taking private property through the use of eminent domain if the taking is not for a public purpose. Requires a governmental entity to authorize the initiation of condemnation proceeding at a public meeting by a record vote. (Last action on this bill Feb. 15, referred to House Land and Resource Management. See companion SB 18, which passed)
82_R HB 292 (read bill) Berman, R-Tyler DEAD: Feb. 15 referred to House State Affairs public information monitor 3 Relating to birth records of children born in this state; creating an offense. SECTION 7 of the bill would amend Public Information Act, Government Code Sec. 552.115(a) regarding a birth or death record maintained by the bureau of vital statistics, by adding paragraph (5) with wording as follows: "a temporary report of alien birth is public information and available to the public on and after the date of expiration as shown on the record filed with the bureau of vital statistics or local registration official, unless the report is the subject of an action under Section 192.0024; ..."
82_R HB 301 (read bill) Berman, R-Tyler DEAD: April 28 voted favorably, House State Affairs public notice monitor 3 Relating to the establishment of English as the official language of Texas and the requirement that official acts of government be performed in English. SECTION 2 of the bill would amend Title 10, Government Code, by adding SUBTITLE H. OFFICIAL LANGUAGE FOR ACTS OF GOVERNMENT, CHAPTER 2351: ENGLISH AS OFFICIAL LANGUAGE OF GOVERNMENT AND FOR ACTS OF GOVERNMENT. Prohibits governmental communication in any language other than English.
82_R HB 306 (read bill) Jackson, R-Carrollton DEAD: Feb. 15 referred to House Elections public information support 2 Relating to a disclosure on advertisements made by a general-purpose committee of certain political contributions made to the committee. Would amend Election Code by adding Sec. 255.010, DISCLOSURE BY GENERAL-PURPOSE COMMITTEE, under which, "A general-purpose committee may not knowingly publish, distribute, or broadcast a political advertisement containing express advocacy that does not disclose in the advertising the identity of any person who has made political contributions to the general-purpose committee that in the aggregate exceed $10,000. The disclosure must include: (1) the name of the person who made the contributions; (2) the city and state in which the person making the contributions resides; (3) the principal occupation of the person making the contributions; and (4) the amount of the contributions.
82_R HB 336 (read bill) Marquez, D-El Paso (Senate sponsor Rodriguez) PASSED: effective 9/1/2011 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 certain school districts. (Companion: SB 603 by Rodriguez) Amends Election Code by adding Sec. 254.04011, AVAILABILITY OF REPORTS OF SCHOOL TRUSTEES ON INTERNET. Applies only to a school district located wholly or partly in a municipality with a population of more than 500,000. Says, "Before making a report available on the Internet under this section, the school district shall remove each portion, other than city, state, and zip code, of the address of a person listed as having made a political contribution to the person filing the report."
82_R HB 351 (read bill) Veasey, D-Fort Worth (Senate sponsor West) PASSED: effective 9/1/2011 public information oppose 2 Relating to the expunction of records and files relating to a person's arrest. Amends Code of Criminal Procedure Art. 55.01(a), (b) and (c) to change conditions under which expunction may be granted particularly in regards to community service, statutes of limitations. Sec. 1a defines what information must be expunged by trial courts and various state and local agencies. Requires state to expunge records without the intervention of a private attorney. Applies to citizens who are acquitted or pardoned.
82_R HB 400 (read bill) Eissler, R-The Woodlands DEAD: May 12 postponed on Second Reading and not taken up again public notice oppose 1 Relating to flexibility for public schools to administer primary and secondary education efficiently. SECTION 20 of the bill contains language to amend Education Code Sec. 39.083 so that newspaper notification of hearing on accountability report is changed from mandatory to optional. In SECTION 21 of the bill, Education Code Sec. 39.306 is amended so that newspaper publication of public notice of hearing on school district annual educational performance is changed from a general public notice to an electronic notice targeting property owners in the district and parents of and other persons standing in parental relation to a district student. In SECTION 23 of the bill, Education Code Sec. 44.004 is amended so that newspaper publication of public notice of hearing on tax rate increase is changed from mandatory to optional. Requires notice to be provided to electronic media. (May 18: Rep. Eissler put the language above into a floor amendment to SB 1581, the state fiscal matters bill by Sen. Ogden.
82_R HB 446 (read bill) Guillen, D-Rio Grande City DEAD: March 15 left pending, House Criminal Jurisprudence public information monitor 3 Relating to discovery in a criminal case and the consequences of a failure to disclose certain discoverable evidence in a timely manner. Would amend Code of Criminal Procedure Art. 39, DEPOSITIONS AND DISCOVERY. Requires prosecutors to share case information with defense lawyers in the discovery process, but allows prosecutors to redact certain items. See paragraph (d).
82_R HB 457 (read bill) Craddick, R-Midland (Senate sponsor Nelson) PASSED: effective 5/27/2011 fyi monitor 3 Relating to restrictions on the promotion and operation of charitable raffles. Would amend Occupations Code 2002.054, RESTRICTIONS ON RAFFLE PROMOTION AND TICKET SALES, so that a bona fide charitable organization may promote or advertise a raffle statewide via the organization's website or through a publication or solicitation, including a newsletter, social media, or electronic mail, provided only to previously identified supporters of the organization. (This legislation retains the current law prohibition against promoting a charitable raffle via paid advertising in a newspaper.)
82_R HB 479 (read bill) Orr, R-Burleson (Senate sponsor Birdwell) PASSED: effective 6/17/2011 open meetings monitor 3 Relating to the location of board meetings of certain economic development corporations. Amends Local Government Code chapters 504 and 505 to authorize the board of directors of a Type A or Type B economic development corporation, if the corporation's authorizing municipality is located in a county with a population of less than 30,000, to conduct a board meeting outside the boundaries of the authorizing municipality but within the boundaries of the county.
82_R HB 489 (read bill) Dutton, D-Houston DEAD: March 15 left pending, House Criminal Jurisprudence public information monitor 3 Relating to discovery in a criminal case. Would amend Code of Criminal Procedure Art. 39 by requiring prosecutors to share more information with defense lawyers in the discovery phase. Section 11 of the bill creates penalties for DISCLOSURE TO THIRD PARTIES.
82_R HB 491 (read bill) Dutton, D-Houston DEAD: March 22 left pending, House Natural Resources public notice monitor 3 Relating to the authority of a water and sewer utility to impose an impact fee. Would amend Water Code regarding impact fees. Language at the bottom of the bill says Local Government Code Chapter 395 does not apply to an impact fee assessed against a property owner. Chapter 395 requires notice and hearing when a governmental body is setting the amount of an impact fee.
82_R HB 497 (read bill) Dutton, D-Houston DEAD: Feb. 17 referred to House Public Education public notice oppose 1 Relating to competitive bidding by school districts for professional services. Would amend Government Code Ch. 2254 so that school districts would not have to comply with competitive bidding requirements in regards to professional services.
82_R HB 501 (read bill) Solomons, R-Carrollton DEAD: April 26 left pending House Judiciary and Civil Jurisprudence public information oppose 1 Relating to the establishment of civil liability and injunctive relief for the dissemination of certain criminal history record information. Would amend Government Code by adding Sec. 411.0853, DISSEMINATION OF CERTAIN CRIMINAL HISTORY RECORD INFORMATION PROHIBITED; CIVIL LIABILITY. Creates stiff penalties for disseminating information for which there has been an expunction order or a nondisclosure order.
82_R HB 507 (read bill) Button, R-Richardson DEAD: April 21 reported favorably as substituted House Technology public notice oppose 1 Relating to notice for certain transactions involving local government entities. Would amend Education Code Chapter 44, and Local Government Code, chapters 262 and 271, so that school districts, municipalities and counties may publish public notices of competitive bidding on their websites instead of printing those notices in newspaper. (C.S.H.B. 507 differs from the original by limiting the authorized alternative means of meeting notice publication requirements for certain purchasing transactions involving a school district, municipality, county, and certain local governmental entities to a school district, municipality, county, and certain local governmental entities located in a county with a population of one million or more, whereas the original does not include the location limitation.)
82_R HB 511 (read bill) Dutton, D-Houston DEAD: April 19 left pending House Public Education public notice support 2 Relating to the closure of a school campus by the board of trustees of a school district. Would amend Education Code by adding Sec. 11.176, CAMPUS CLOSURE. Before ordering the closure of a school campus, the board of trustees of a school district shall hold a public hearing at which residents of the district may comment on the proposed closure. Requires published public notice of the hearing.
82_R HB 516 (read bill) Dutton, D-Houston DEAD: April 19 left pending House Public Education public notice support 2 Relating to the closure of a school campus by the board of trustees of certain school districts. Would amend Education Code by adding Sec. 11.172, CAMPUS CLOSURE, applying only to a school district with an enrollment of more than 155,000 students. Before ordering the closure of a school campus, the board of trustees of a school district would be required to hold a public hearing at which residents of the district may comment on the proposed closure. Requires published public notice of the hearing.
82_R HB 520 (read bill) Driver, R-Garland DEAD: Feb. 17 referred to House Homeland Security and Public Safety public information monitor 3 Relating to employment records for law enforcement officers, including procedures to correct employment termination reports. (Companion: SB 545 by Seliger) Would amend Occupations Code. See Sec. 1701.454, CONFIDENTIALITY. New language says "All information submitted to the commission under this subchapter is confidential and is not subject to disclosure under Chapter 552, Government Code."
82_R HB 546 (read bill) Dutton, D-Houston DEAD: March 22 left pending House Criminal Jurisprudence public information oppose 2 Relating to permitting certain persons placed on deferred adjudication to seek an expunction of arrest records and files. Would amend expunction statute, Code of Criminal Procedure Art. 55, to include deferred adjudications in regards to a list of types of misdemeanors.
82_R HB 563 (read bill) Pickett, D-El Paso (Senate sponsor Nichols) PASSED: effective 9/1/2011 public notice monitor 3 Relating to the purposes and designation of a transportation reinvestment zone. SECTION 2 paragraph (g) of the bill has positive open government transparency provisions, requiring that the ordinance designating an area as a transportation reinvestment zone: (1) describe the boundaries of the zone with sufficient definiteness to identify with ordinary and reasonable certainty the territory included in the zone; (2) provide that the zone takes effect immediately on passage of the ordinance; (3) assign a name to the zone for identification, with the first zone designated by a municipality designated as "Transportation Reinvestment Zone Number One, (City or Town, as applicable) of (name of municipality)," and subsequently designated zones assigned names in the same form, numbered consecutively in the order of their designation; (4) designate the base year for purposes of establishing the tax increment base of the municipality; (5) establish an ad valorem tax increment account for the zone; and (6) contain findings that promotion of the transportation project will cultivate the improvement, development, or redevelopment of the zone.
82_R HB 593 (read bill) Pitts, R-Waxahachie DEAD: Feb. 18 referred to House Appropriations public information monitor 3 Relating to the powers and duties of the state auditor's office. (Companion: SB 592 by Williams) Would amend Government Code Chapter 321. Subjects state and local governmental bodies to audit. Mandates the creation of an audit plan, and that plan would be considered an audit working paper exempt from disclosure under the Public Information Act, Government Code 552.116. Also exempts all documentation of risk assessments, audit papers related an investigation. Makes inspector general's final report subject to Public Information Act. Also creates an AUDIT AND INVESTIGATIVE COORDINATING COUNCIL which would not be subject to the Open Meetings Act.
82_R HB 599 (read bill) Jackson, R-Carrollton DEAD: May 16 referred to Senate Criminal Justice public information oppose 2 Relating to the release of certain criminal history record information subject to an order of nondisclosure. Would amend Government Code chapter 411, CRIMINAL HISTORY RECORD INFORMATION. Repeals 411.081(i) which allows a criminal justice agency to disclose criminal history record information that is the subject of an order of nondisclosure to a list of noncriminal justice agencies or entities. Also repeals 411.081(j) which allows a criminal justice agency to disclose criminal history record information that is the subject of an order of nondisclosure to a list of criminal justice agencies or other entities that interact with them.
82_R HB 605 (read bill) Farrar, D-Houston DEAD: April 26 left pending, House Criminal Jurisprudence 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. Would amend Code of Criminal Procedure Art. 55 by adding language setting conditions allowing the expunction of criminal records relating to offenses other than sexual, assaultive, bribery or corruption, abuse of office or intoxication and alcoholic beverage offenses.
82_R HB 610 (read bill) Zerwas, R-Simonton (Senate sponsor Seliger) PASSED: effective 9/1/2011 public notice monitor 3 Relating to the method of delivery of certain notices sent by the Texas Commission on Environmental Quality. Would amend Water Code 5.552(b) so that an applicant for an environmental permit, in addition to publication of notice in a newspaper, would be required to notify the following officials of their permit application: state senator and representative, mayor and health authorities of the municipality in which the facility is located or proposed to be located, the county judge and county health, and the river authority. (Committee Substitute by King of Zavala.)
82_R HB 627 (read bill) Woolley, R-Houston (Senate sponsor Gallegos) PASSED: effective 6/17/2011 public information monitor 3 Relating to a fee collected by a district clerk for certain electronic certified copies. (Companion: SB 680 by Gallegos) Would amend Public Information Act, Government Code Sec. 51.318(b), Government Code, so that an electronic certified copy of a record, judgment, order, pleading, or paper on file or of record in the district clerk's office, including certificate and seal, for each page or part of a page may not exceed $1. Also would amend Government Code by adding Sec. 101.06118, ADDITIONAL DISTRICT COURT FEES: GOVERNMENT CODE, so that the clerk of a district court shall collect for an electronic certified copy of a record, judgment, order, pleading, or paper on file or of record in the district clerk's office, including certificate and seal, a fee not to exceed $1 for each page or part of a page under Section 51.318, Government Code. (A district clerk is currently permitted to charge a fee of $1 for each page or part of a page of a certified paper copy but does not charge a fee for an electronic certified copy even though clerk resources are used for electronic certified copies. C.S.H.B. 627 permits a district clerk to charge a fee not to exceed $1 for a page or part of a page of a certified copy.)(LAC's original opposition was to the filed version of this bill. LAC has no opposition to committee substitute introduced on March 22.)
82_R HB 628 (read bill) Callegari, R-Katy PASSED: effective 9/1/2011 public notice monitor 3 Relating to contracts by governmental entities and related professional services and to public works performance and payment bonds. Would amend Government Code by adding Sec. 2267.052, NOTICE REQUIREMENTS, so that a governmental entity shall advertise or publish notice of requests for bids, proposals, or qualifications in a manner prescribed by law. Requirements specify publication must be by notice in a newspaper. But, the bill carves out exemptions for TxDOT contracts, regional tollway authorities and federal contracts. Senate added 5 floor amendments. Conference committee: Callegari, Hunter, King of Parker, Lucio, Smith of Harris. 5-27-11 Senate appointed conference committee Conferees: Jackson, Duncan, Seliger, Van de Putte and Fraser.
82_R HB 629 (read bill) Pickett, D-El Paso DEAD: May 16 referred to Senate Transportation and Homeland Security public notice support 2 Relating to the use of municipal or county sales tax increment financing for a transportation reinvestment zone. Would amend Transportation Code to authorize governing body of a municipality or county by ordinance or order to designate an area as a transportation reinvestment zone and after designation assign portion or amount of tax increment generated from the sales and use taxes imposed by the municipality or county. Floor amendment adopted on Second Reading (May 12) requires public notice of hearing on proposal to raise tax increment, to be published in a newspaper having general circulation in the county or municipality, as appropriate.
82_R HB 648 (read bill) Menendez, D-San Antonio DEAD: May 12 on House Calendar for Second Reading public notice support 2 Relating to the appointment of a conservator for and authorizing the dissolution of the Bexar Metropolitan Water District. (Companion: SB 341 by Uresti) Would require public notice of dissolution election.
82_R HB 654 (read bill) Solomons, R-Carrollton PASSED: effective 9/1/2011 public information monitor 3 Relating to a report regarding the municipality or county of origin of tax revenue collected by the comptroller. Would amend Government Code by adding Sec. 403.0142, REPORT ON ORIGIN OF TAX REVENUE. Would require comptroller to publish the report on comptroller's Internet website not later than the 20th day after the date the report is provided to the legislature and the governor. Effective date: 9-1-2011.
82_R HB 662 (read bill) Rodriguez, D-Austin DEAD: March 22 left pending House Land and Resource Management 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 231A, REGULATION OF LAND DEVELOPMENT IN CERTAIN COUNTIES. See page 4 paragraph (b) requiring public notice of public hearing on proposal to adopt a buffer zone regulation.
82_R HB 678 (read bill) Lucio III, D-San Benito DEAD: Feb. 21 referred to House Public Education open meetings monitor 3 Relating to coordination between school districts and other governmental agencies regarding necessary transportation infrastructure improvements associated with real property owned or proposed to be purchased by school districts. Would amend Education Code by adding Sec. 44.905, COORDINATION WITH OTHER GOVERNMENTAL AGENCIES REGARDING NECESSARY TRANSPORTATION INFRASTRUCTURE IMPROVEMENTS. Includes open government/transparency provision.
82_R HB 679 (read bill) Button, R-Richardson (Senate sponsor Carona) PASSED: effective 6/17/2011 public notice oppose 2 Relating to change order approval requirements for certain political subdivisions of the state. (Companion: SB 1558 by Carona) Would amend Local Government Code Chapter 252 so that the governing body of a municipality may grant authority to an official or employee responsible for purchasing or for administering a contract to approve a change order that involves an increase or decrease of $50,000 or less. Also would amend Local Government Code Chapter 325, Chapter 351 and Water Code Chapter 49 allowing the same authority regarding change orders in contracts.
82_R HB 682 (read bill) Fred Brown, R-Bryan (Senate sponsor Hegar) PASSED: May 24 attached as floor amendment No. 4 to SB 1588 business-related oppose 1 Relating to leasing advertising space on state agency Internet websites. Would amend Government Code by adding Sec. 2054.064, ADVERTISING ON STATE INTERNET WEBSITES. Would allow a department, board, commission or other agency in the executive branch of state government, including the office of the governor, to lease advertising space on their official web sites. March 22 reported as substituted from House Government Efficiency & Reform. (Reps. Zedler and Garza added as coauthors to engrossed version, which House passed on April 7.) Text of HB 682 added as floor amendment no. 4 (on May 24) to SB 1588 by Ogden.
82_R HB 685 (read bill) Dutton, D-Houston DEAD: April 19 left pending House Criminal Jurisprudence public information oppose 2 Relating to the authority of the attorney representing the state to dismiss a criminal action based on the commission of a nonviolent offense. Would amend Code of Criminal Procedure Art. 32.02, DISMISSAL BY STATE'S ATTORNEY, so that a state's attorney may dismiss a nonviolent criminal action if the actor joins the U.S. armed forces and serves on active duty.
82_R HB 686 (read bill) Dutton, D-Houston DEAD: April 19 left pending House Criminal Jurisprudence public information support 2 Relating to the secrecy of grand jury proceedings. Would amend Code of Criminal Procedure Art. 19.34, OATH OF GRAND JURORS, by limiting secrecy requirement to the term, and extended term, of a grand jury.
82_R HB 688 (read bill) Dutton, D-Houston DEAD: March 8 left pending House Criminal Jurisprudence 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. Would amend Public Information Act, Government Code Sec. 552.142, by changing the title of the section from "EXCEPTION: RECORDS OF CERTAIN DEFERRED ADJUDICATIONS AND CERTAIN MISDEMEANORS PUNISHABLE BY FINE ONLY" to "EXCEPTION: CERTAIN CRIMINAL HISTORY RECORDS." Also would amend Penal Code by adding Sec. 39.07, PROHIBITED COMPILATION OR DISSEMINATION OF CRIMINAL HISTORY RECORD INFORMATION. New language: "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 issued under Section 411.081, Government Code.
82_R HB 709 (read bill) Fletcher, R-Tomball (Senate sponsor Patrick) PASSED: effective 6/17/2011 public notice support 2 Relating to the creation of the Harris County Municipal Utility District No. 524. (Companion: SB 475 by Dan Patrick) Would amend Special District Local Laws by adding CHAPTER 8354, HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 524. Includes provisions for public notice of election to create district, in accordance with election notice requirements as specified in Water Code chapters 49 and 54.
82_R HB 720 (read bill) Hartnett, R-Dallas DEAD: May 16 referred to Senate State Affairs public information monitor 3 Relating to the designation of a person as a vexatious litigant. Would amend Civil Practice and Remedies Code Chapter 11.104 See paragraph (b) which directs the Office of Court Administration of the Texas Judicial System to post on the agency's Internet website a list of vexatious litigants and whether a person designated a vexatious litigant has filed an appeal of that designation.
82_R HB 725 (read bill) Callegari, R-Katy (Senate sponsor Fraser) DEAD: May 29 Senate adopted conference report 30-1 public notice monitor 3 Relating to the operation, powers, and duties of certain water districts. In Conference Committee Report, under Sec. 49.063. NOTICE OF MEETINGS says (b) The validity of an action taken at a board meeting is not affected by: (1) failure to provide notice of the meeting if the meeting is a regular meeting; (2) an insubstantial defect in notice of the meeting; or (3) failure of a county clerk to timely or properly post or maintain public access to a notice of the meeting if notice of the meeting is furnished to the county clerk in sufficient time for posting under Section 551.043(a) or 551.045, Government Code. Also, in amendment to Water Code Sec. 49.111, EXEMPTIONS FROM USE OF ACCESSIBLE VOTING SYSTEMS, requires publication of notice in a newspaper of general circulation in an area that includes the district or mail notice to each voter in the district regarding the district's intention to hold an election. Also, in amendment to Water Code 49.273(d) and (e) notice requirement of competitive bidding is increased from $50,000 in current law to $75,000.
82_R HB 745 (read bill) Eric Johnson, D-Dallas DEAD: Feb. 22 referred to House Land and Resource Management public notice monitor 3 Relating to requirements for providing documents and written information to certain owners of property subject to the exercise of eminent domain authority. Would amend Property Code Chapter 21 so that notices that all documents will be provided to property owner would be provided in English and Spanish, in print (but not published in a newspaper) and online. Could be a step toward agency-published notices instead of publication by independent, third party.
82_R HB 787 (read bill) Kuempel, R-Seguin (Senate sponsor Wentworth) PASSED: effective 9/1/2011 public notice monitor 3 Relating to abandoned, wrecked, dismantled, discarded, and inoperable aircraft and watercraft. Would amend Transportation Code Chapter 683 so that aircraft, like vehicles, are subject to notice by publication in a newspaper.
82_R HB 849 (read bill) S.Miller, R-Stephenville (Senate sponsor Fraser) DEAD: May 3 not heard in Senate Natural Resources 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; creating an offense. Would amend Water Code chapter 27 by adding requirement that the 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.
82_R HB 854 (read bill) Dutton, D-Houston DEAD: April 13 left pending House State Affairs public information oppose 1 Relating to access to certain law enforcement, corrections, and prosecutorial records under the public information law. Would amend the Public Information Act, Government Code Sec. 552.108, EXCEPTION: CERTAIN LAW ENFORCEMENT, CORRECTIONS, AND PROSECUTORIAL INFORMATION. This subsection is commonly referred to as the "law enforcement exception." The bill attempts to define under what conditions certain law enforcement information is confidential. A key concept is whether release of the information would "unduly interfere" with detection, investigation or prosecution of crime. Would cover such subjects as records of family violence, mug shots, internal records of a law enforcement agency, concluded cases, and concluded cases. The bill seeks to expand this to deferred adjudications.
82_R HB 876 (read bill) Charlie Howard, R-Sugar Land DEAD: Feb. 24 referred to House Elections 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, FINANCIAL DISCLOSURE BY AND STANDARDS OF CONDUCT FOR LOCAL GOVERNMENT OFFICERS, 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 financial statement.
82_R HB 893 (read bill) Charlie Howard, R-Sugar Land DEAD: March 14 left pending House Business and Commerce open meetings support 1 Relating to the meetings of certain property owners' associations. Would amend the Open Meetings Act, Government Code Chapter 551.0015, CERTAIN PROPERTY OWNERS' ASSOCIATIONS SUBJECT TO LAW, so the law would apply to all property owners' associations if membership is mandatory for owners or for a defined class of owners of private real property in a residential subdivision.
82_R HB 897 (read bill) Charlie Howard, R-Sugar Land DEAD: April 11 reported as substituted House Business and Commerce business-related monitor 3 Relating to restrictions on the automatic renewal of contracts. Would amend Business & Commerce Code by adding CHAPTER 606, AUTOMATIC RENEWAL OF CONTRACTS. Prevents automatic renewal if contracted rate increases.
82_R HB 913 (read bill) Dutton, D-Houston DEAD: March 22 left pending House Criminal Jurisprudence public information oppose 1 Relating to the automatic expunction of criminal records. Would amend Code of Criminal Procedure Art. 55 and Government Code Chapter 411 to expand criminal records expunction opportunities to deferred adjudications, criminal complaints under certain conditions, and DNA information.
82_R HB 1023 (read bill) Dutton, D-Houston DEAD: Feb. 28 referred to House Homeland Security and Public Safety public information monitor 3 Relating to requiring notice and the dissemination of criminal history record information to the subject of the information in certain circumstances. Would amend Government Code by adding Sec. 411.0831, REQUIRED DISSEMINATION TO SUBJECT OF CRIMINAL HISTORY RECORD INFORMATION. If an individual or entity requests access to criminal history record information, the department shall provide written notice by mail to the person who is the subject of the information at the same time the department discloses or disseminates the information to the requesting individual or entity. The notice must: (1) inform the person that an individual or entity requested access to the person's criminal history record information; etc.
82_R HB 1044 (read bill) Solomons, R-Carrollton DEAD: April 13 left pending House State Affairs public information support 1 Relating to categories of information presumed to be public under the public information law. (Companion: SB 375 by Wentworth) Would amend Public Information Act, Government Code Sec. 552.022, CATEGORIES OF PUBLIC INFORMATION; EXAMPLES. The bill appears to broaden exceptions to the Act, such that information made confidential by other law, though not included specifically under the Act's list of exceptions, would be covered by the Act.
82_R HB 1046 (read bill) Fletcher, R-Tomball (Senate sponsor Huffman) PASSED: effective 6/17/2011 public information oppose 2 Relating to the confidentiality of certain personal information. Would amend Public Information Act, Government Code 552, to except from disclosure certain personal information of current and former employees of the attorney general's office whose duties involved law enforcement. Also would amend the law to prohibit the personnel records of a sheriff's deputy in a sheriff's department in a county with a population of 300,000 or more appointed under state law from being disclosed or otherwise made available to the public, except the sheriff's department is required to release, in accordance with public information law, specified information listed in the bill's provisions. The bill authorizes the sheriff's department to release any personnel record of such a deputy pursuant to a subpoena or court order, including a discovery order, for use by the sheriff's department in an administrative hearing or with the written authorization of the deputy who is the subject of the record. The bill establishes that such a release of information does not waive the right to assert in the future that the information is excepted from required disclosure under the bill's provisions or other law. HB 1046 also would amend the Tax Code re persons to whom the confidentiality of certain home address information in a property appraisal record is applicable, to apply that provision to a current or former employee of the office of the attorney general who is or was assigned to a division of that office the duties of which involve law enforcement.
82_R HB 1055 (read bill) Villarreal, D-San Antonio DEAD: May 10 reported as substituted House Urban Affairs public information oppose 1 Relating to a fee by certain municipalities for the management and preservation of municipal records. Filed version would amend Local Government Code by adding CHAPTER 109. FEES CHARGED BY MUNICIPAL OFFICERS. Applies to "a municipality with a population of more than one million." Sec. 109.021, RECORDS MANAGEMENT AND PRESERVATION FEE, says "(a) A municipality may impose a fee not to exceed $5 for records management and preservation services performed by a municipal clerk for a municipal document requested from the office of the clerk. (b) The person requesting the document must pay the fee when the document is requested. ..." But the committee substitute is quite different from the filed version: it applies not to cities with a population of more than 1 million, but to all counties, and allows them to assess a fee to requestors who ask only to view a document.
82_R HB 1082 (read bill) Vo, D-Houston DEAD: Feb. 28 referred to House Public Education public notice oppose 1 Relating to authority for certain school districts to provide public notice by posting the notice on the district's Internet website. Would amend Education Code by adding Sec. 11.177, AUTHORITY FOR CERTAIN DISTRICTS TO PUBLISH NOTICE ON DISTRICT WEBSITE. Applies to a school district only if: 1) there is not a daily, weekly, or biweekly newspaper published in the district; and (2) the population of the district constitutes less than 10 percent of the total population of the county in which the district's central administrative office is located.
82_R HB 1094 (read bill) Farias, D-San Antonio DEAD: May 9 voted failed in Senate State Affairs 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, AVAILABILITY OF ELECTRONIC REPORTS ON THE INTERNET, by requiring county clerks to publicly post political expenditures and contributions for county offices and county commissioner not later than the second business day after the report is filed and requiring the clerk of a municipality with a population of 500,000 or more to do the same in regards to the office of mayor or member of the municipality's governing body.
82_R HB 1140 (read bill) Donna Howard, D-Austin DEAD: Feb. 28 referred to House Public Education open meetings monitor 3 Relating to the creation of the Permanent School Fund Management Council to manage the permanent school fund; providing a criminal penalty. Would amend Education Code by adding Sec. 43.0012, PERMANENT SCHOOL FUND MANAGEMENT COUNCIL. The body would be subject to the Open Meetings Act, but not required to discuss an investment or potential investment with one or more council employees or with a third party in an open meeting.
82_R HB 1153 (read bill) Paxton, R-McKinney DEAD: March 3 referred to House Ways and Means public information support 2 Relating to public access to financial and tax rate information of political subdivisions. Would amend Government Code and Local Government Code. Requires creation of an "internet portal to local government finances" where, to increase public access, cities and counties would post financial information and reports.
82_R HB 1183 (read bill) Raymond, D-Laredo DEAD: March 29 left pending House Licensing and Admin Procedures public notice monitor 3 Relating to local option elections to legalize or prohibit the operation of eight-liners and the imposition of a fee on eight-liner owners. Would amend Election Code by adding Chapter 502, LOCAL OPTION ELECTIONS ON OPERATION OF EIGHT-LINERS. Bill lacks adequate public notice requirements.
82_R HB 1200 (read bill) McClendon, D-San Antonio DEAD: April 19 left pending House Criminal Jurisprudence FYI monitor 3 Relating to the creation of the offense of improper photography or visual recording of certain identifying information. Would amend Penal Code by adding Sec. 32.515, IMPROPER PHOTOGRAPHY OR VISUAL RECORDING OF CERTAIN IDENTIFYING INFORMATION, so that a person commits an offense if the person, knowing that the person is not entitled to possess that information: (1) photographs or by videotape or other electronic means records or captures identifying information contained on the face of a sight order or payment card; or (2) transfers to a third party information photographed, recorded, or captured.
82_R HB 1236 (read bill) Zedler, R-Arlington DEAD: March 1 referred to House Public Education public information support 2 Relating to the availability of certain school district financial information on districts' Internet websites. Would amend Education Code by adding Sec. 44.0031, ELECTRONIC CHECKING ACCOUNT TRANSACTION REGISTER; Sec. 44.0032, POSTING OF DISTRICT CREDIT CARD TRANSACTIONS; Sec. 44.0033, POSTING OF DISTRICT EMPLOYEE COMPENSATION INFORMATION; Sec. 44.0034, POSTING OF DISTRICT FUND BALANCES; and Sec. 44.0035, EXEMPTION FOR CERTAIN SCHOOL DISTRICTS.
82_R HB 1237 (read bill) Zedler, R-Arlington PASSED: May 19 added as floor amendment No. 6 to SB 5 public information support 2 Relating to Internet access to checking account transactions of a public institution of higher education. (Companion: SB 752 by Birdwell) Would amend Education Code by adding Sec. 51.9741, INTERNET ACCESS TO CHECKING ACCOUNT TRANSACTIONS. Says each institution of higher education, as defined by Section 61.003, shall post on the institution's Internet website a copy of the institution's checking account transaction register to the extent necessary to provide, for each payment by check or electronic transfer drawn from money appropriated from the state general revenue fund or received as student tuition or fee payments: (1) the check or transaction number; (2) the amount of the payment; (3) the date of the payment; (4) a brief description of the purpose of the payment; and (5) the name of the payee.
82_R HB 1240 (read bill) Zedler, R-Arlington DEAD: May 9 reported as substituted House Sel. Cmte on State Sovereignty business-related support 1 Relating to the application of foreign and international laws and doctrines in this state. Would amend Civil Practice and Remedies Code adding CHAPTER 148, APPLICATION OF FOREIGN AND INTERNATIONAL LAWS AND DOCTRINES. This bill appears to get at forum shopping, libel tourism, intellectual property challenges.
82_R HB 1259 (read bill) Sid Miller, R-Stephenville PASSED: see companion SB 690 public notice monitor 3 Relating to the enforcement of a self-service storage facility lien. (Companion SB 690 by Carona) Filed version of this bill (opposed by LAC) would have amended Property Code Sec. 59.044(b) so that a self storage facility operator, instead of publishing two public notices in a newspaper, could publish notice one time in a newspaper and on an Internet website accessible to the general public. (Opposition was lifted when offending language was removed in amended version.)
82_R HB 1360 (read bill) Coleman, D-Houston DEAD: March 24 left pending House County Affairs public notice support 2 Relating to the regulation of off-premise signs in the unincorporated area of a county. (Companion: SB 1354 by Carona) Would amend Local Government Code Chapter 240. Requires notice of public hearing on proposal to regulate placement of off-premise signs.
82_R HB 1422 (read bill) Truitt, R-Southlake (Senate sponsor Watson) PASSED: effective 9/1/2011 public notice oppose 1 Relating to the issuance of titles for certain motor vehicles that are the subject of insurance claims. (Companion: SB 1136 by Watson) Would amend Transportation Code Sec. 501.092, INSURANCE COMPANY TO SURRENDER CERTIFICATES OF TITLE TO CERTAIN SALVAGE MOTOR VEHICLES OR NONREPAIRABLE MOTOR VEHICLES. Strikes language in current law that says if mailed notice is returned unclaimed, notice must be made by publication in a newspaper of general circulation in the area where the unclaimed mail notice was sent.)
82_R HB 1472 (read bill) Miles, D-Houston DEAD: April 20 left pending House Urban Affairs public information support 2 Relating to the retention of and the required disclosure under the public information law of certain complaints alleging official oppression. Would make a complaint filed against a police officer or firefighter subject to the Texas Public Information Act.
82_R HB 1500 (read bill) White, R-Woodville (Senate sponsor Nichols) PASSED: effective 6/17/2011 open meetings oppose 1 Relating to allowing the commissioners court of a county to deliberate in a closed meeting regarding business and financial issues related to a contract being negotiated. Would amend Open Meetings Act, Government Code Sec. 551.0725(a), so that the commissioners court of any size county 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 commissioners court votes unanimously that deliberation in an open meeting would have a detrimental effect on the position of the commissioners court in negotiations with a third person; and (2) the attorney advising the commissioners court issues a written determination that deliberation in an open meeting would have a detrimental effect on the position of the commissioners court in negotiations with a third person. (Current law allows counties to do this only if population 400,000 or greater.)
82_R HB 1554 (read bill) Thompson, D-Houston PASSED: see companion SB 918 FYI monitor 3 Relating to immunity for reporting insurance fraud. (Companion: SB 918 by Wentworth) Would amend Insurance Code Chapter 701.052(a), INSURANCE FRAUD INVESTIGATION, enhancing immunity for whistleblowers.
82_R HB 1636 (read bill) Paxton, R-McKinney DEAD: May 9 reported as substituted House Transportation public information support 2 Relating to certain financial requirements of regional tollway authorities. Requires that checkbook information be made accessible to the public, free of charge.
82_R HB 1657 (read bill) Yvonne Davis, D-Dallas DEAD: March 23 left pending House Public Health public information monitor 3 Relating to the reporting of health care associated infections. Would amend Health and Safety Code Chapter 98 so a report must specify whether infection resulted in death of patient.
82_R HB 1663 (read bill) King, R-Abilene PASSED: see companion SB 193 public information monitor 3 Relating to the regulation of the practice of nursing. (Companion: SB 193 by Nelson) Would amend Occupations Code Chapter 301. Allows peer review boards to redact identifying patient, nurse and health facility information from records to be released under the Texas Public Information Act.
82_R HB 1668 (read bill) Harper-Brown, R-Irving DEAD: March 3 referred to House Public Education public notice oppose 1 Relating to authority for school districts to provide public notice by posting the notice on the district's Internet website. Would amend Education Code by adding Sec. 11.177, AUTHORITY TO PUBLISH NOTICE ON DISTRICT WEBSITE. Text: "(a) If a school district, the district's board of trustees, or an officer of the board is required under state law to publish notice concerning the district in a newspaper, the district, board, or officer may instead post the notice on the district's Internet website. (b) Notice posted on an Internet website under Subsection (a) must meet any content or deadline or other date requirements established by law or rule for publishing that notice in a newspaper and must meet or exceed any duration or frequency requirements established by law or rule for publishing that notice in a newspaper. The notice or a link to the notice must be posted in a prominent place on the home page of the website. (c) Notice posted on an Internet website under Subsection (a) is not required to meet any page or type-size requirements established by law or rule for publishing that notice in a newspaper."
82_R HB 1671 (read bill) Marquez, D-El Paso PASSED: see companion SB 602 public information oppose 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 and the calculation of certain deadlines under the public information law. (Companion: SB 602 by Rodriguez) Amends Public Information Act, Government Code Sec.552.130, such that subject to Chapter 730, Transportation Code, a governmental body may redact any information the governmental body discloses without the necessity of requesting a decision from the attorney general. Also amends Public Information Act, Government Code Sec. 552.136, such that a governmental body may redact any information the governmental body discloses under Section 552.021 without the necessity of requesting a decision from the attorney general. Also amends Public Information Act, Government Code Sec. 552.263, such that if a requestor modifies a request in response to the requirement of a deposit or bond authorized by this section, the modified request is considered a separate request and is considered received on the date the governmental body receives the written modified request. And, amends Public Information Act, Government Code Sec. 552.301, such that if a governmental body receives a written request by U.S. mail and cannot adequately establish the actual date on which the governmental body received the request, the written request is considered to have been received by the governmental body on the third business day after the date of the postmark on a properly addressed request.
82_R HB 1694 (read bill) Coleman, D-Houston (Senate sponsor West) PASSED: effective 9/1/2011 public notice monitor 3 Relating to the purchasing and contracting authority of counties. (Companion: SB 413 by West) Would amend Local Government Code Sec. 262.0245, COMPETITIVE PROCUREMENT PROCEDURES ADOPTED BY COUNTY PURCHASING AGENTS, with new language making the statute also apply to a COMMISSIONERS COURT. Requires notice to be published in a newspaper to include: (1) a general statement of the proposed purchase; (2) the name and telephone number of the purchasing agent; and (3) the county website address, if any. Also says in (a-1) that Subsection (a) does not require more than two notices in one newspaper or limit the county from providing additional notice for longer periods or in more locations.
82_R HB 1750 (read bill) Darby, R-San Angelo (Senate sponsor Williams) PASSED: effective 6/17/2011 public notice monitor 3 Relating to the authority of the Texas Department of Transportation to lease and contract for the operation of rolling stock during certain emergencies. Would amend Transportation Code. Under Sec. 91.106, OPERATIONS DURING CERTAIN EMERGENCIES, calls for public notice of an order authorizing TxDOT to lease rolling stock and to contract with a qualified person or rail operator to operate rolling stock.
82_R HB 1775 (read bill) Allen, D-Houston DEAD: March 30 left pending House Environmental Regulation open meetings monitor 3 Relating to a study on waste reduction and a statewide waste reduction plan. Would require Texas Commission on Environmental Quality to hold public hearings on creation of plan and on study required by the plan.
82_R HB 1801 (read bill) Menendez, D-San Antonio DEAD: April 1 reported favorably House State Affairs public information oppose 1 Relating to notice of utility rate increases. (Companion: SB 1151 by Jackson) Would amend Utilities Code Sec. 104.103(b). Allows a gas utility to provide notice of a rate increase to the public in an area outside the affected municipality or in a municipality with a population of less than 2,500 to remove the geographic and population restrictions and to add sending the notice by e-mail to each directly affected customer, if that address is available, to the methods of notice that provide an alternative to publishing the notice in a newspaper.
82_R HB 1812 (read bill) Phillips, R-Sherman (Senate sponsor Seliger) PASSED: effective 6/17/2011 public notice support 2 Relating to the type of newspaper required for publication of notice in certain counties. Would amend Government Code Sections 2051.0441(a) and (b) to apply to a notice published by a governmental entity or representative if a county has no newspaper as described by Government Code Sec. 2051.044, the TYPE OF NEWSPAPER REQUIRED law. Also would strike the words "second class" and replace them with the word "periodical" in reference to postal matter. Committee Substitute HB 1812 by Rep. Eddie Lucio III seeks to allow a governmental entity publishing notice in a county that does not have a newspaper that meets the necessary legal requirements to choose a weekly newspaper that is most likely to reach the greatest number of citizens within that county.
82_R HB 1833 (read bill) Shelton, R-Fort Worth DEAD: March 15 left pending House Public Education public information oppose 1 Relating to notice requirements for certain hearings and meetings of the board of trustees of a school district. Would amend Education Code by adding Sec. 11.179, UNIFORM NOTICE FOR CERTAIN BOARD HEARINGS AND MEETINGS. Makes optional the traditional published NOTICE OF PUBLIC MEETING TO DISCUSS BUDGET AND PROPOSED TAX RATE.
82_R HB 1840 (read bill) Phillips, R-Sherman (Senate sponsor Estes) PASSED: effective 9/1/2011 public notice support 2 Relating to the creation of the grain producer indemnity fund. (Companion: SB 1232 by Estes) Public notice of election publication requirement in Sec. 14B.018, NOTICE OF REFERENDUM. Sec. 41.213. NOTICE OF REFERENDUM. (a) Requires the commissioner to give public notice of: (1) the date, hours, and polling places for voting in the referendum conducted under Section 41.212; (2) the estimated amount of the assessment proposed to be collected, as determined by the board, and the basis for which the assessment will be collected; and (3) a description of the manner in which the assessment is to be collected and the proceeds administered and used. (b) Requires the commissioner to publish the notice under Subsection (a) in one or more statewide or regional newspapers that provide reasonable notice throughout the state. Requires the notice to be published at least 60 days before the date of the referendum. Requires the commissioner, in addition, at least 60 days before the date of the referendum, to give direct written notice to the county agent in each county of this state.
82_R HB 1882 (read bill) Garza, R-San Antonio DEAD: March 28 not heard in House Business and Industry public information support 2 Relating to the meetings and records of certain property owners' associations. Would subject all property owners' associations to Texas Open Meetings Act and Public Information Act.
82_R HB 1891 (read bill) Sarah Davis, R-Houston (Senate sponsor Huffman) PASSED: effective 9/1/2011 FYI monitor 3 Relating to the execution of a search warrant for data or information contained in or on certain devices. Would amend Code of Criminal Procedure Art. 18.07 so if a warrant is issued to search for and seize data or information contained in or on a computer, disk drive, flash drive, cellular telephone, or other electronic, communication, or data storage device, the warrant is considered to have been executed within the time allowed under Subsection (a), which reads as follows: "Art. 18.07. DAYS ALLOWED FOR WARRANT TO RUN. (a) The time allowed for the execution of a search warrant, exclusive of the day of its issuance and of the day of its execution, is: (1) 15 whole days if the warrant is issued solely to search for and seize specimens from a specific person for DNA analysis and comparison, including blood and saliva samples; or (2) three whole days if the warrant is issued for a purpose other than that described by Subdivision (1)."
82_R HB 1926 (read bill) Zedler, R-Arlington DEAD: April 18 left pending House Elections public information oppose 1 Relating to the administration of elections; creating an offense. Would amend Election Code by adding Sec. 1.021, STATEWIDE INFORMATION SYSTEM. Requires each county to adopt an information reporting system that is part of or compatible with a unified statewide system for the management of election administration. Also would amend Election Code by adding Sec. 33.008, CONFIDENTIAL INFORMATION. Any information provided by a watcher under this chapter that may be used to identify the watcher is confidential and may be used only for election administration purposes. It is an offense to disclose information described by Subsection (a) without the permission of the watcher.
82_R HB 1968 (read bill) Chisum, R-Pampa DEAD: March 24 left pending House Energy Resources public notice oppose 1 Relating to regulation of gas pipelines. (Companion: SB 1135 by Hegar) Would amend Utilities Code by adding SUBTITLE C. GAS PIPELINE REGULATORY ACT. On page 30 of this 47-page bill is a bracketed requirement for public notice of a rate increase, to be published in a newspaper: Sec. 144.103, NOTICE OF INTENT TO INCREASE RATES. However, instead of publishing newspaper notice, a gas pipeline may provide notice to the public in an area outside the affected municipality or in a municipality with a population of less than 2,500 by mailing the notice by United States mail, postage prepaid, to the billing address of each directly affected customer.
82_R HB 1981 (read bill) Wayne Smith, R-Baytown DEAD: March 16 left pending House Environmental Regulation public information support 2 Relating to measuring, monitoring, and reporting emissions. (Companion: SB 672 by Gallegos) Would amend Health and Safety Code Chapter 382. Sec. 382.0161, AIR POLLUTANT WATCH LIST. Requires Texas Commission on Environmental Quality to 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. (c) When considering the addition or removal of an area to the air pollutant watch list, the commission shall provide the monitoring data related to the area to the state senator and representative who represent the area. (d) The commission may hold a public meeting in an area listed on the air pollutant watch list to provide residents of the area with information regarding: (1) the reasons for the area's inclusion on the air pollutant watch list; and (2) commission actions to reduce the emissions of air contaminants contributing to the area's inclusion on the air pollutant watch list.
82_R HB 2006 (read bill) Bonnen, R-Angleton (Senate sponsor Huffman) PASSED: effective 9/1/2011 public information oppose 1 Relating to the release of a photograph of a police officer and access to records maintained by internal investigative divisions in certain municipalities. (Companion: SB 484 by Huffman) Would amend Local Government Code Sec. 143.1214, RECORDS RELATED TO DISCIPLINARY ACTIONS OR CHARGES OF MISCONDUCT; PHOTOGRAPHS. Paragraph (f) says "The department, commission, or municipality may not release a photograph that depicts a police officer unless: (1) the officer has been charged with an offense by indictment or by information; (2) the officer is a party in a civil service hearing or a case before a hearing examiner or in arbitration; (3) the photograph is introduced as evidence in a judicial proceeding; or (4) the officer gives written consent to the release of the photograph.
82_R HB 2021 (read bill) Pitts, R-Waxahachie DEAD: March 8 referred to House State Affairs public notice oppose 1 Relating to state agency procurement and the comptroller's procurement powers and duties. (Companion: SB 1109 by Williams) Would amend Government Code sections relating to the Comptroller's statewide procurement of goods and services. The bill repeals sections of Government Code related to: (1) award of certain contracts in public meetings; (2) the Procurement Advisory Council; (3) exemption from competitive bidding requirements for the purchase of goods or services from blind or visually impaired persons; (4) purchases for an auxiliary enterprise; and (5) public notice of bid solicitations in general circulation newspapers.
82_R HB 2022 (read bill) Pitts, R-Waxahachie DEAD: March 7 referred to House Appropriations public notice oppose 1 Relating to state fiscal matters; creating an offense. (Companion: SB 1720 by Duncan) Would amend Government Code regarding state purchasing and procurement for state agencies. SECTION 2.02 of the bill amends Government Code Sec. 403.304, COOPERATION WITH COMPTROLLER; CONFIDENTIALITY, by adding information filed in connection with a property tax protest lodged by a school district or property owner. Also, near last lines of the bill, repealer would kill Government Code Sec. 2156.002, which is worded in current law as follows: "SOLICITATION OF BIDS THROUGH PUBLIC NOTICE. (a) A notice inviting bids shall be published at least once in at least one newspaper of general circulation in the state not later than the seventh day before the last day set for the receipt of bids. (b) The notice must: (1) include a general description of the items to be purchased; (2) state the location at which bid forms and specifications may be obtained; and (3) state the time and place for opening bids."
82_R HB 2031 (read bill) Madden, R-Richardson DEAD: April 28 reported as substituted House Judiciary public information monitor 3 Relating to the establishment of a voluntary compensation plan as an alternative to litigation. (Companion: SB 21 by Williams) Would amend Civil Practice and Remedies Code by adding CHAPTER 160, VOLUNTARY COMPENSATION PLAN. Adds to public notice: see SUBCHAPTER B. NOTICE AND PUBLICATION, Sec. 160.051, NOTICE REQUIRED. Has public notice component, Sec. 160.052. (LAC March 1 directive: get more information on Sec. 160.153, NOT SUBJECT TO DISCOVERY OR DISCLOSURE.) (Assigned to House Judiciary and Civil Jurisprudence, Subcommittee on Torts.)
82_R HB 2040 (read bill) Hamilton, R-Mauriceville PASSED: see companion SB 1065 public information monitor 3 Relating to critical incident stress management and crisis response services.(Companion: SB 1065 by Williams) Amends Health and Safety Code by adding CHAPTER 784, CRITICAL INCIDENT STRESS MANAGEMENT AND CRISIS RESPONSE SERVICES. Sec. 784.002 allows closed meetings. Sec. 784.003 provides for confidentiality of communications and records.
82_R HB 2044 (read bill) Berman, R-Tyler DEAD: March 7 referred to House State Affairs public information support 2 Relating to the disclosure of electricity generation offers received by ERCOT. (SB 689 by Ellis) Would amend Utilities Code by adding Sec. 39.1516, DISCLOSURE OF ELECTRICITY GENERATION OFFERS. Requires web posting.
82_R HB 2092 (read bill) King, R-Abilene DEAD: May 9 reported as substituted House Public Health public information monitor 3 Relating to self-directed and semi-independent status of certain health care regulatory agencies; making an appropriation. A privatization bill that recognizes importance of transparency in Sec. 301.079, DUE PROCESS; OPEN GOVERNMENT. Says board is: (1) a governmental body for purposes of Chapters 551 and 552, Government Code; and (2) a state agency for purposes of Chapters 2001 and 2005, Government Code.
82_R HB 2134 (read bill) Solomons, R-Carrollton DEAD: March 14 left pending House State Affairs public information support 2 Relating to the continuation and functions of the Electric Reliability Council of Texas, the Office of Public Utility Counsel, and the Public Utility Commission of Texas. Would amend Utilities Code. SECTION 6 of the bill requires an independent organization certified by the PUC to annually submit to the commission for review and approval the organization's entire proposed annual budget. Requires PUC to establish a procedure to provide public notice of and public participation in the budget review process.
82_R HB 2148 (read bill) Eiland, D-Galveston PASSED: see companion SB 932 public notice monitor 3 Relating to oyster shells and an oyster shell recovery and replacement program. (Companion: SB 932 by Williams) Amends Parks and Wildlife Code, Sec. 76.020, OYSTER SHELL RECOVERY AND REPLACEMENT PROGRAM. Filed version would have killed the following language: "post notices of the closing in fish and oyster houses in two towns nearest the area to be closed and shall publish notice in a daily newspaper of general circulation in the area to be closed. The notices shall be posted and published at least three days before the effective date of the closing."
82_R HB 2223 (read bill) Yvonne Davis, D-Dallas (Senate sponsor Carona) PASSED: effective 9/1/2011 public notice oppose 2 Relating to the contracts of certain regional transportation authorities that are required to be competitively bid. Amends Transportation Code Sec. 452.107(c), to increase competitive bidding threshold from $25,000 in current law to $50,000.
82_R HB 2224 (read bill) Yvonne Davis, D-Dallas DEAD: May 9 reported as substituted House Urban Affairs public information support 2 Relating to reporting of certain information regarding foreclosure sales of residential real property. Would amend Government Code by adding Sec. 2306.084, MORTGAGE DEFAULT AND FORECLOSURE DATA COLLECTION AND REPORT. Requires Texas Department of Housing and Community Affairs to make the foreclosure sales data and an annual report available to the public on the department's Internet website.
82_R HB 2232 (read bill) Wayne Smith, R-Baytown PASSED: see companion SB 1104 public notice support 2 Relating to the operation, powers, and duties of ship channel districts. (Companion: SB 1104 by Jackson) Amends Water Code by adding SUBCHAPTER I. ADDITION AND EXCLUSION OF TERRITORY AND FACILITIES Sec. 68.401, ADDITION OF TERRITORY AND FACILITIES BY BOARD. (a) A board may petition the commissioners court of the county that created the district to add to the district territory that contains a facility in the county if the board finds that a security project or security service in the district benefits or will benefit the facility. Requires county commissioners court to hold public hearing on proposal to create district and publish public notice of the hearing in a newspaper.
82_R HB 2313 (read bill) Coleman, D-Houston (Senate sponsor Wentworth) PASSED: effective 6/17/2011 open meetings monitor 3 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 meeting of a commissioners court. Would amend Open Meetings Act, Government Code chapter 551, by adding to "staff briefings" provisions in current law. Sec. 551.0415, GOVERNING BODY OF MUNICIPALITY (the words "OR COUNTY" are inserted here): REPORTS ABOUT ITEMS OF NO ACTION WILL BE TAKEN. (a) Notwithstanding Sections 551.041 and 551.042, a quorum of the governing body of a municipality (the words "or county" are inserted here) may receive from (the word "municipal" is stricken here) staff (the words "of the political subdivision" are inserted here) 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. And, other references in the bill to "municipality" are substituted with "political subdivision."
82_R HB 2317 (read bill) Doug Miller, R-New Braunfels DEAD: March 31 left pending House County Affairs public notice support 2 Relating to granting Hill Country counties regulatory authority and the authority to impose development fees for roadway infrastructure. Requires public notice of public hearing on proposal to impose development fees.
82_R HB 2318 (read bill) Kolkhorst, R-Brenham DEAD: March 22 not heard in House Criminal Jurisprudence public information oppose 1 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, allowing expunction of certain criminal history information, if charges are dismissed.
82_R HB 2325 (read bill) McClendon, D-San Antonio(Sen. sponsor Wentworth) PASSED: effective 9/1/2011 public notice oppose 2 Relating to the competitive bidding and notice requirements for contracts of certain mass transportation authorities. Amends Transportation Code Sec. 451, re metropolitan rapid transit authorities, by increasing competitive bidding threshold from the current amount of $25,000, to $50,000.
82_R HB 2390 (read bill) Sarah Davis, R-Houston DEAD: March 10 referred to House Homeland Security and Public Safety public information oppose 1 Relating to the types of information relating to emergency responses that are confidential. Would amend Government Code Sec. 418.176, CONFIDENTIALITY OF CERTAIN INFORMATION RELATING TO RESPONSE PROVIDERS. Replaces the words "response providers" with the word "responses." Says information is confidential if the information is collected, assembled, or maintained by or for a governmental entity, including information maintained by an emergency response provider, for the purpose of preventing, detecting, responding to, or investigating an act of terrorism or related criminal activity or for the purpose of preparing for or responding to a natural disaster
82_R HB 2396 (read bill) McClendon, D-San Antonio (Sen.sponsor Zaffirini) PASSED: effective 9/1/2011 public notice support 2 Relating to the issuance of bonds by an advanced transportation district. Amends Transportation Code Section 451.702 by adding paragraph (l-1) which prohibits the governing body of a district from pledging sales and use tax proceeds under Subsection (l) unless the board has conducted a public hearing concerning the issuance of the bonds to which the proceeds are pledged and published notice of the hearing at least 14 days before the date of the hearing in a newspaper of general circulation in the principal municipality of the authority.
82_R HB 2424 (read bill) Thompson, D-Houston DEAD: March 29 left pending House Licensing & Administrative Procedures public notice support 2 Relating to the operation of video gaming by authorized organizations and commercial operators that are licensed to conduct bingo or lease bingo premises. (Companion: SB 1212 by Van de Putte) Would amend Occupations Code by adding CHAPTER 2001A, VIDEO GAMING BY LICENSED AUTHORIZED ORGANIZATIONS AND LICENSED COMMERCIAL LESSORS. On page 49 of this 69-page bill is a positive public notice requirement, which says if service cannot be accomplished by personal service or certified mail, (publication will be) by daily publication for two weeks in a newspaper of general circulation in the county in which the person's last known address is located and in a newspaper of general circulation in each county in which a video gaming premises is located.
82_R HB 2432 (read bill) John Davis, R-Houston PASSED: see companion SB 1048 public notice support 2 Relating to the creation of public and private facilities and infrastructure. (SB 1048 by Jackson) Would amend Government Code. Under Sec. 2267.067, POSTING OF PROPOSALS; PUBLIC COMMENT; PUBLIC ACCESS TO PROCUREMENT RECORDS, requires website OR newspaper posting of public notice.
82_R HB 2434 (read bill) Yvonne Davis, D-Dallas DEAD: March 14 referred to House Ways and Means business-related oppose 1 Relating to the repeal of certain ad valorem and state tax exemptions. Would repeal Tax Code chapters 151.301 through 151.355. Chapter 151 contains all sales and use tax exemptions that apply to the newspaper industry.
82_R HB 2460 (read bill) Truitt, R-Southlake (Senate sponsor Wentworth) PASSED: effective 6/17/2011 public information monitor 3 Relating to confidentiality of information held by a public retirement system. Amends Public Information Act, Government Code Chapter 552, by adding Sec. 552.0038, PUBLIC RETIREMENT SYSTEMS SUBJECT TO LAW. Makes governing body of a public retirement system subject to the Act in the same manner as a governmental body.
82_R HB 2463 (read bill) Reynolds, D-Missouri City (Senate sponsor Ellis) PASSED: effective 9/1/2011 public information oppose 1 Relating to access to certain records regarding an employment discrimination claim. Amends Labor Code Chapter 21 so "All records and information collected, received, maintained, or otherwise developed by the commission in investigating or resolving a complaint filed with or transferred to the commission are not public information under Chapter 552, Government Code." Note: The Texas Attorney General has ruled that state government is not subject to the federal Freedom of Information Act. In this bill, the Texas Workforce Commission is attempting to keep EEOC investigative files confidential under the federal act.
82_R HB 2473 (read bill) Marquez, D-El Paso DEAD: March 14 referred to House Public Education public notice support 2 Relating to the closure of a school campus by the board of trustees of a school district. Would amend Education Code by adding Sec. 11.172, CAMPUS CLOSURE. Requires newspaper publication of public notice of hearing on proposal to close a campus.
82_R HB 2495 (read bill) Hernandez Luna, D-Houston(Senate sponsor Carona) PASSED: see companion SB 1167 public notice support 2 Relating to cemeteries and perpetual care cemetery corporations. (Companion: SB 1167 by Carona) Amends Health ad Safety Code chapters 711 and 712. Under Sec. 712.018, SURRENDER OF CERTIFICATE OF AUTHORITY; FEE, see: "(c) The certificate holder shall publish a notice of intention to surrender a certificate of authority to operate a perpetual care cemetery one time in a newspaper of general circulation in each county in which the cemetery is located."
82_R HB 2569 (read bill) Martinez, D-Weslaco DEAD: April 14 left pending House County Affairs public notice support 2 Relating to county contracts with private entities for jail facilities. Contains requirement for notice of public hearing on proposed contract.
82_R HB 2657 (read bill) Tracy King, R-Eagle Pass PASSED: see companion SB 1303 public notice monitor 3 Relating to nonsubstantive additions and corrections in enacted codes, the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 81st Legislature. (Companion: SB 1303 by West) Contains revised election-notice-by-newspaper publication requirements for three governmental bodies: Martin County Hospital District, Runnels County Hospital District, North Wheeler County Hospital District.
82_R HB 2675 (read bill) Harper-Brown, R-Irving PASSED: see companion SB 1420 public notice oppose 1 Relating to the continuation and functions of the Texas Department of Transportation; providing penalties. (Companion: SB 1420 by Hinojosa) TxDOT Sunset bill. In SECTION 18 of the bill, under Sec. 223.002, NOTICE OF BIDS, kills public notice of the time and place at which bids on a contract will be opened and the contract awarded.
82_R HB 2747 (read bill) Martinez-Fischer, D-San Antonio DEAD: April 12 left pending House Public Education public information support 2 Relating to reporting information regarding public school student dropout rates. Would amend Education Code by adding Sec. 39.309, DROPOUT INFORMATION MAINTAINED ON DISTRICT WEBSITE. Requires a school district to maintain on the home page of the district's Internet website a prominent link to a summarized format easily understood by the public in which the district posts information reported under Section 42.006(c-1) relating to student dropout rates.
82_R HB 2759 (read bill) Hartnett, R-Dallas (Senate sponsor Duncan) PASSED: effective 6/17/2011 public notice monitor 3 Relating to the nonsubstantive revision of provisions of the Texas Probate Code relating to durable powers of attorney, guardianships, and other related proceedings and alternatives, and the redesignation of certain other provisions. (Companion: SB 1299 by Duncan) Preserves various public notice publication requirements in Probate Code: pp. 57, 59, 66-67, 193-194, 239, 243, 253-254, 269, 272, 274 and 279.
82_R HB 2760 (read bill) Garza, R-San Antonio DEAD: April 5 left pending House Natural Resources public notice support 2 Relating to species-protection programs for Edwards Aquifer, Guadalupe River Basin, San Antonio River Basin, and San Antonio Bay and estuary system. (Companion: SB 1595 by Wentworth) Would amend Tax Code by adding CHAPTER 328, EDWARDS AQUIFER, GUADALUPE RIVER BASIN, SAN ANTONIO RIVER BASIN, AND SAN ANTONIO BAY AND ESTUARY SYSTEM SPECIES-PROTECTION SALES AND USE TAXES. Public notice of election required by Sec. 328.102, NOTICE OF ELECTION. Notice is in addition to notice required by Election Code 4.003(c).
82_R HB 2770 (read bill) Wayne Smith, R-Baytown (Senate sponsor Williams) PASSED: effective 6/17/2011 public notice monitor 3 Relating to the powers and duties of navigation districts, port authorities, and certain municipalities. Increases amount of information to be published in required public notice of franchise granted to persons or corporations on property owned or controlled by the district. See SECTION 18, amending Water Code Section 61.164(c) such that (c) No franchise shall be granted until notice is published at the expense of the applicant, once a week for three consecutive weeks in a daily newspaper of general circulation published inside the district. For the purposes of this subsection, notice consists of: (1) the text of the franchise in full; or (2) a descriptive caption stating the purpose of the franchise and the location at which a complete copy of the franchise may be obtained.
82_R HB 2804 (read bill) Cain, R-Como DEAD: April 28 left pending House Appropriations public information support 2 Relating to the format of the general appropriations bill. (Companion: SB 1653 by Watson) SECTION 1 of the bill would amend Government Code Sec. 322.008 by adding Subsection (b-1) requiring the general appropriations bill, for each state agency or other entity to which an appropriation is proposed under the bill: to (1) include a line item for each specific program or activity administered by the agency or entity or by an organizational unit of the agency or entity, organized according to the agency's, entity's, or unit's organizational structure, except that if a specific program or activity administered by the agency, entity, or unit includes identifiable components or subprograms, the bill must include a line item for each of those components or subprograms; (2) specify the amount of the proposed appropriation for each line item; and (3) include, for each line item that represents a specific program or activity or, if applicable, each group of line items representing the components or subprograms of a specific program or activity: (A) a description of the program or activity and a citation to the authorization in law for the program or activity; and (B) a statement regarding whether the source of the proposed appropriation is nondedicated general revenue money, dedicated general revenue money, federal money, or another source. Effective date: 9-1-2011.
82_R HB 2816 (read bill) Taylor, R-League City DEAD: March 16 referred to House Public Education public notice oppose 1 Relating to eliminating certain mandates on school districts. Would amend Education Code by adding Section 11.177, AUTHORITY TO PUBLISH NOTICE ON DISTRICT WEBSITE, worded as follows: "(a) If a school district, the district's board of trustees, or an officer of the board is required under state law to publish notice concerning the district in a newspaper, the district, board, or officer may instead post the notice on the district's Internet website. (b) Notice posted on an Internet website under Subsection (a) must meet any content or deadline or other date requirements established by law or rule for publishing that notice in a newspaper and must meet or exceed any duration or frequency requirements established by law or rule for publishing that notice in a newspaper. The notice or a link to the notice must be posted in a prominent place on the home page of the website. (c) Notice posted on an Internet website under Subsection(a) is not required to meet any page or type-size requirements established by law or rule for publishing that notice in a newspaper."
82_R HB 2842 (read bill) Gallego, D-Alpine DEAD: April 28 left pending House Appropriations public information support 2 Relating to Internet posting by the Legislative Budget Board of certain budget documents. Would amend Government Code by adding Sec. 322.0081, BUDGET DOCUMENTS ONLINE. "The board shall post on the board's Internet website all documents prepared by the board that are provided to a committee, subcommittee, or conference committee of either house of the legislature in connection with an appropriations bill."
82_R HB 2857 (read bill) Gallego, D-Alpine (Senate sponsor Uresti) PASSED: effective 1/1/2012 public notice support 2 Relating to regulation of outdoor lighting in certain areas. Amends Local Government Code by adding SUBCHAPTER B. REGULATION OF OUTDOOR LIGHTING. Applies to a municipality located in a county any part of which is located within 57 miles of a major astronomical observatory at the McDonald Observatory. The governing body may adopt an ordinance under this section only after conducting a public hearing on the proposed ordinance. The governing body shall give at least two weeks' public notice of the hearing.
82_R HB 2864 (read bill) Yvonne Davis, D-Dallas DEAD: March 17 referred to House State Affairs public information support 2 Relating to the disclosure required by an officer of the executive branch on the nomination of an appointed officer. Would amend Government Code Chapter 652 by adding SUBCHAPTER C. DISCLOSURE OF FINANCIAL RELATIONSHIP. See Sec. 652.052, DISCLOSURE REQUIRED. "(a) An officer of the executive branch who nominates a person for a position as an appointed officer must file a statement with the Texas Ethics Commission and, if confirmation by the senate is required, with the presiding officer of the standing committee of the senate with primary jurisdiction over nominations, disclosing any direct or indirect financial relationship between the officer and the nominated person. For purposes of this subsection, a direct or indirect financial relationship includes engaging in a business transaction or professional activity with the nominated person either personally or through a business entity or association."
82_R HB 2884 (read bill) Solomons, R-Carrollton PASSED: see companion SB 1422 public notice support 2 Relating to coordinated county transportation authorities. (Companion: SB 1422 by Nelson) Amends Transportation Code. Under Sec. 460.604, HEARING, is publication requirement: (a) Before adopting an ordinance designating a public transportation financing area, the municipality must hold a public hearing on the creation of the area and its benefits to the municipality and to property in the proposed area. At the hearing, an interested person may speak for or against the designation of the area. (b) Not later than the seventh day before the date of the hearing, notice of the hearing must be published in a newspaper having general circulation in the municipality.
82_R HB 2889 (read bill) Madden, R-Richardson (Senate sponsor Whitmire) VETOED June 17 public information oppose 2 Relating to the expunction of records and files relating to a person's arrest. (Companion: SB 1473 by Hinojosa) Would amend Code of Criminal Procedure Art. 55 by expanding circumstances under which a person was entitled to ask to have a criminal record expunged to include if a prosecutor declined to prosecute the offense and did not object to an expunction after receiving notice of a request for expunction of all records and files relating to an arrest.
82_R HB 2912 (read bill) Branch, R-Dallas DEAD: March 17 referred to House Higher Education public notice support 2 Relating to the administration of certain supplemental student loan programs and the issuance of private activity bonds by qualified nonprofit corporations. (Companion: HB 1822 by Patrick) Would amend Education Code Chapter 53B by adding SUBCHAPTER D, ADMINISTRATION OF SUPPLEMENTAL LOAN PROGRAMS AND ISSUANCE OF PRIVATE ACTIVITY BONDS BY QUALIFIED NONPROFIT CORPORATIONS. Under Sec. 53B.64, COMPTROLLER APPROVAL OF SUPPLEMENTAL PROGRAMS is a public notice requirement for a public hearing on proposed supplemental programs.
82_R HB 2957 (read bill) John Davis, R-Houston DEAD: May 10 committee report sent to Calendars public information oppose 1 Relating to due process for certain law enforcement officers. Would amend Government Code by adding SUBCHAPTER L, LAW ENFORCEMENT OFFICERS' DUE PROCESS ACT. Applies to all law enforcement disciplinary proceedings in this state that are conducted by a law enforcement agency. See Sec. 614.186. CONFIDENTIALITY. (a) All records compiled as a result of any administrative investigation subject to this subchapter or a contractual disciplinary grievance procedure are confidential and may not be disclosed or released to the public.
82_R HB 2973 (read bill) Hunter, R-Corpus Christi (Senate sponsor Ellis) PASSED: effective 6/17/2011 anti-SLAPP support 1 Relating to encouraging public participation by citizens by protecting a person's right to petition, right of free speech, and right of association from meritless lawsuits arising from actions taken in furtherance of those rights. (Companion: SB 1565 by Ellis) This is the "anti-SLAPP" bill addressing Strategic Lawsuits Against Public Participation: frivolous lawsuits filed against one who speaks out about a matter of public concern (including the newspaper, broadcaster or Internet provider who published the speech). If the anti-SLAPP bill passes, SLAPP suits could be addressed with an expedited motion to dismiss. The bill also (1) provides for dismissal of cases in first 60 days. (2) creates a stay of discovery while the anti-SLAPP motion is pending and/or appealed. No expensive depositions or written discovery while the court evaluates whether the claim is valid. (3) provides for fee shifting when one wins an Anti-SLAPP motion, so that the person who wrongfully sued has to pay the cost of the defense. (4) provides for an immediate right to appeal if the motion is denied. (5) would save hundreds of thousands of dollars to Texas newsrooms and Internet providers from defense costs spent, on deductibles spent, on increased insurance premiums, and on the time and energy taken away from the business at hand while an unmeritorious lawsuit is pending.
82_R HB 2977 (read bill) Hunter, R-Corpus Christi DEAD: April 28 left pending House State Affairs open meetings support 1 Relating to electronic communications during a public meeting. Would amend Open Meetings Act, Government Code Chapter 551.143, CONSPIRACY TO CIRCUMVENT with new language to prevent texting and emailing among or between members of a governmental body during a public meeting.
82_R HB 2978 (read bill) Hunter, R-Corpus Christi (Senate sponsor Hegar) PASSED: effective 9/1/2011 open meetings monitor 3 Relating to the applicability of open meetings requirements to certain meetings of the governing board of a county hospital or county hospital authority. Amends Texas Open Meetings Act, Government Code Sec. 551.085(a), so that county hospitals and county hospital authorities are on a list of other hospital authorities that have an exemption that allows them to conduct a closed meeting to deliberate: (1) pricing or financial planning information relating to a bid or negotiation for the arrangement or provision of services or product lines to another person if disclosure of the information would give advantage to competitors of the hospital, hospital district, or nonprofit health maintenance organization; or (2) information relating to a proposed new service or product line of the hospital, hospital district, or nonprofit health maintenance organization before publicly announcing the service or product line.
82_R HB 2980 (read bill) Hunter, R-Corpus Christi DEAD: March 17 referred to House State Affairs public information support 1 Relating to the assessment of litigation costs in certain actions under the public information law. Would amend Public Information Act, Government Code Sec. 552.323(b) to enable courts to assess the cost of litigation and reasonable attorney's fees incurred by a plaintiff or defendant who prevails in a suit involving the release of public information under the Act.
82_R HB 3026 (read bill) Weber, R-Pearland DEAD: May 9 reported as substituted House Public Education public notice support 2 Relating to home-rule school districts. Requires public posting of charter and charter amendment information.
82_R HB 3131 (read bill) Geren, R-Fort Worth DEAD: May 19 point of order sustained in Senate public information oppose 1 Relating to providing that certain travel vouchers submitted by peace officers assigned to a protective detail are confidential. (Companion: SB 1923 by Wentworth) Would amend Government Code by adding Sec. 660.2035, CONFIDENTIALITY OF CERTAIN PEACE OFFICER VOUCHERS. "(a) A voucher submitted or to be submitted under Section 660.027 is confidential and may not be disclosed under Chapter 552 if: (1) the voucher is submitted or is to be submitted for payment or reimbursement of a travel expense incurred by a peace officer who is assigned to provide protection for an elected official of this state or a member of the elected official's family; and (2) the travel expense was incurred by the peace officer in providing protection for the elected official or family. (b) A state agency that submits a voucher described by Subsection (a) shall provide to a person, on request, a summary of the amounts paid or reimbursed by the comptroller in response to the voucher and a summary of any goods and services acquired for which a travel expense is claimed under the voucher." (Point of order sustained under Rule 4, Sec. 32(c), regarding the bill analysis.)
82_R HB 3141 (read bill) Hartnett, R-Dallas (Senate sponsor Carona) PASSED: effective 9/1/2012 business-related support 2 Relating to the registration and protection of trademarks. Would amend Business and Commerce Code Chapter 16. Under Sec. 16.103, INJURY TO BUSINESS REPUTATION; DILUTION, see: (d) A person may not bring an action under this section for: (1) a fair use, including a nominative or descriptive fair use, or facilitation of the fair use, of a famous mark by another person other than as a designation of source for the person's own goods or services, including a fair use in connection with: (A) advertising or promoting that permits consumers to compare goods or services; or (B) identifying and parodying, criticizing, or commenting on the famous mark owner or the famous mark owner's goods or services; (2) a noncommercial use of the mark; or (3) any form of news reporting or commentary.
82_R HB 3151 (read bill) Torres, R-Corpus Christi PASSED: see companion SB 563 public information monitor 3 Relating to information regarding job matching services provided by the Texas Workforce Commission. (Companion: SB 563 by Jackson) Amends Labor Code to require the Texas Workforce Commission to adopt and enforce rules governing confidentiality, custody, use, preservation and disclosure of job matching services information. "The rules must include safeguards to protect the confidentiality of identifying information regarding any individual or any past or present employer or employing unit contained in job matching services information, including any information that foreseeably could be combined with other publicly available information to reveal identifying information regarding the individual, employer, or employing unit, as applicable."
82_R HB 3173 (read bill) Eddie Rodriguez, D-Austin DEAD: March 18 referred to House Public Education public notice support 1 Relating to the required public notice of the names of a certain number of finalists for the position of superintendent of a public school district. (Companion: SB 550 by Eltife) Would amend Public Information Act, Government Code Sec. 552.126, EXCEPTION: NAME OF APPLICANT FOR SUPERINTENDENT OF PUBLIC SCHOOL DISTRICT, such that "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) 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) Before the public notice required by Subsection (b) is posted, the board of trustees must give an applicant whose name will be included in the public notice an opportunity to withdraw from consideration for the position.
82_R HB 3184 (read bill) Ritter, R-Nederland PASSED: see companion SB 1147 public notice monitor 3 Relating to the nonsubstantive revision of certain local laws concerning special districts, including conforming amendments. (Companion: SB 1147 by Duncan) This 440-page bill lists conforming amendments to Special District Local Laws. Among them are required newspaper publication of notices of elections, public hearings and meetings.
82_R HB 3216 (read bill) Otto, R-Dayton (Senate sponsor West) PASSED: effective 9/1/2011 public notice support 2 Relating to electronic communication between property owners and chief appraisers, appraisal districts, appraisal review boards, or any combination of those persons. Bracketed to counties with population more than 200,000. Regarding appraisal notices, see paragraph (h): The chief appraiser shall provide notice regarding the availability of agreement forms authorizing electronic communication under this section. The chief appraiser shall provide the notice by: (1) publishing a notice in a newspaper having general circulation in the district at least once on or before February 1 of each year that includes the words "Notice of Availability of Electronic Communications"; or (2) delivering the agreement form on or before February 1, or as soon as practicable after that date, to each owner of property shown on the certified appraisal roll for the preceding tax year and on or before February 1 of each subsequent year, or as soon as practicable after that date, to each new owner of property shown on the certified appraisal roll for the preceding tax year.
82_R HB 3248 (read bill) Elkins, R-Houston DEAD: March 18 referred to House State Affairs public information support 2 Relating to disclosure of certain offers for the sale of electricity in wholesale transactions. Would amend Utilities Code by adding Sec. 39.1517, DISCLOSURE OF CERTAIN WHOLESALE OFFERS. (a) This section applies to any entity that sells electricity at wholesale, including a power generation company, power marketer, municipally owned utility, electric cooperative, and river authority. (b) An entity that offers to sell electricity in a wholesale energy market at a price of more than $499 per megawatt hour shall disclose the offer to the independent organization certified under Section 39.151 that administers that market. The entity must send the disclosure to the organization at the time the entity makes the offer. (c) Not later than the 48th hour after the hour the independent organization receives a disclosure under Subsection (b), the organization shall post on the organization's publicly available Internet website: (1) the identity of the entity that made the offer; (2) the price at which the offer was made; and (3) the market location and period for which the offer was made.
82_R HB 3254 (read bill) Strama, D-Austin DEAD: May 3 recommended for House Local and Consent Calendar open meetings support 2 Relating to the creation of renewable energy reinvestment zones and the abatement of ad valorem taxes on property of a renewable energy company located in such a zone. Would amend Tax Code by adding CHAPTER 314, RENEWABLE ENERGY REINVESTMENT ZONES. Public hearing and public notice rare required under Sec. 314.005, DESIGNATION OF ZONE.
82_R HB 3275 (read bill) Coleman, D-Houston (Senate sponsor Ellis) DEAD: May 30 House adopted conference committee report 86-60 public notice support 2 Relating to the powers and duties of counties and political subdivisions of this state and entities created by those subdivisions. Would add to Government Code CHAPTER 314.RENEWABLE ENERGY REINVESTMENT ZONES. Under paragraph (c) of that chapter, governing body may not adopt an ordinance designating an area as a renewable energy reinvestment zone until the governing body has held a public hearing on the designation and has found that the improvements sought are feasible and practical and would be a benefit to the land to be included in the zone and to the municipality after the expiration of an agreement entered into under Section 314.008. At the hearing, interested persons are entitled to speak and present evidence for or against the designation. Not later than the seventh day before the date of the hearing, notice of the hearing must be: (1) published in a newspaper having general circulation in the municipality; and (2) delivered in writing to the presiding officer of the governing body of each county and school district that includes in its boundaries real property that is to be included in the proposed renewable energy reinvestment zone. 5-25-11 House refused to concur in Senate amendments; appointed conferees: Coleman, John Davis of Harris, Davis of Dallas, Huberty, Murphy. 5-27-11 Senate appointed conferees: Ellis, Jackson, Watson, Eltife and West.
82_R HB 3294 (read bill) Harper-Brown, R-Irving DEAD: April 20 left pending House Transportation public information support 2 Relating to the posting of annual financial information on public Internet websites by certain transportation-related entities. Would amend Transportation Code. Requires toll entities, transportation authorities and transportation departments to post ANNUAL ONLINE FINANCIAL REPORT on their own websites. Reports would include detailed financial information, including: (1) financial statements from each of the entity's departments, including budgeted and actual expenditures; and (2) information on all contracts, including contract amounts and expenditures.
82_R HB 3306 (read bill) Marquez, D-El Paso DEAD: April 19 left pending House Criminal Jurisprudence public information oppose 2 Relating to a person's eligibility for expunction of certain criminal history records and files. Would apply to a person who has never been convicted of or placed on deferred adjudication for (A) an offense requiring registration as a sex offender, or (B) an offense under a list of sections under the Penal Code, including criminal homicide, kidnapping, trafficking, assault offenses, arson, criminal mischief, property damage, disturbance, robbery, burglary and criminal trespass, disorderly conduct, intoxication and alcoholic beverage offenses, manufacture or delivery of a controlled substance under Health & Safety Code Chapter 481, or family violence under Family Code Chapter 71.
82_R HB 3307 (read bill) Munoz, D-Mission (House sponsor Hinojosa) PASSED: effective 6/17/2011 public information oppose 2 Relating to the confidentiality of certain home address information in ad valorem tax appraisal records. Amends Tax Code Chapter 25 to make confidential the home address information of a current or former United States attorney or assistant United States attorney and the spouse and child of the attorney. (Current law allows appraisal records to be confidential if they contain the address information of certain groups of individuals whose personal safety could be jeopardized if their home address became easily available as a public record. HB 3307 extends protections offered by the Tax Code to U.S. attorneys and assistant U.S. attorneys and their spouses and children.)
82_R HB 3328 (read bill) Keffer, R-Eastland PASSED: effective 9/1/2011 public information monitor 3 Relating to the disclosure of the composition of hydraulic fracturing fluids used in hydraulic fracturing treatments. Amends Chapter 91, Natural Resources Code, by adding SUBCHAPTER S. DISCLOSURE OF COMPOSITION OF HYDRAULIC FRACTURING FLUIDS. According to Sec. 91.852, INFORMATION SUBMITTED CONSIDERED PUBLIC INFORMATION; POSTING ON INTERNET WEBSITE, much information would not be disclosable to the public under the trade secrets exception to the Public Information Act.
82_R HB 3343 (read bill) Legler, R-Pasadena DEAD: March 18 referred to House Insurance public information support 2 Relating to the disclosure of certain attorney's fees and expenses paid by the Texas Windstorm Insurance Association. Would amend Insurance Code by adding Sec. 2210.010, DISCLOSURE OF CERTAIN ATTORNEY'S FEES AND EXPENSES. "A record maintained by the association concerning the payment of attorney's fees and expenses incurred for the services of an attorney who is not an employee of the state or the association is public information and is not excepted from required disclosure under Chapter 552, Government Code."
82_R HB 3344 (read bill) Isaac, R- Dripping Springs DEAD: May 7 reported favorably House Urban Affairs public notice monitor 3 Relating to competitive bid requirements for public utility agencies that award construction contracts. (Companion: SB 1597 by Wentworth) Would amend Local Government Code 572.059, PUBLIC UTILITY AGENCIES FOR PROVISION OF WATER OR SEWER SERVICE, CONSTRUCTION CONTRACTS, by increasing the competitive bidding threshold to $50,000 from $20,000.
82_R HB 3354 (read bill) Truitt, R-Southlake PASSED: see companion SB 1667 public information oppose 1 Relating to the administration of and benefits payable by the Teacher Retirement System of Texas and to certain domestic relations orders. (Companion: SB 1667 by Duncan) SECTION 4 of the bill amends Public Information Act, Subchapter C, Chapter 552, Government Code, by adding Sec. 552.153, EXCEPTION: NAME OF APPLICANT FOR EXECUTIVE DIRECTOR, CHIEF INVESTMENT OFFICER, OR CHIEF AUDIT EXECUTIVE OF TEACHER RETIREMENT SYSTEM OF TEXAS. Carves out exception for the name of an applicant for the position of executive director, chief investment officer, or chief audit executive of the Teacher Retirement System of Texas, except that the board of trustees of the Teacher Retirement System of Texas must give public notice of the names of three finalists being considered for one of those positions at least 21 days before the date of the meeting at which the final action or vote is to be taken on choosing a finalist for employment." SECTION 3 of the bill would amend Texas Open Meetings Act, Subchapter F, Chapter 551, Government Code, by adding Sec. 551.130. BOARD OF TRUSTEES OF TEACHER RETIREMENT SYSTEM OF TEXAS; TELEPHONE CONFERENCE CALL. Allows board of trustees of the Teacher Retirement System of Texas to meet via conference call if a quorum of the board is physically present at a single location that is open to the public during any open portion of the meeting. (This conforms with other teleconferencing allowances in the Open Meetings Act.)
82_R HB 3364 (read bill) Rodriguez, D-Austin DEAD: March 18 referred to House County Affairs public notice support 2 Relating to the posting of a notice of foreclosure sale on a county's Internet website. Would amend Property Code by adding to Sec. 51.002 a Subsection (b-2) to read as follows: "If a county maintains an Internet website, the county must post a notice of sale filed with the county clerk under Subsection (b)(2) on the website on a page that is publicly available for viewing without charge or registration."
82_R HB 3367 (read bill) White, R-Woodville DEAD: March 18 rerferred to House Ways and Means business-related oppose 1 Relating to the repeal of the laws authorizing the imposition of ad valorem taxes, the rates and expansion of the applicability of state and local sales and use taxes, the distribution of sales and use tax revenue to entities formerly imposing ad valorem taxes, and the replacement of ad valorem tax revenue in relation to financing public schools. SECTION 2.26 of the bill repeals Tax Code Section 151.319(a) the sales tax exemption on newspapers sold by individual copy or by subscription. SECTION 4.19 of the bill would amend Education Code 44.004, NOTICE OF BUDGET AND TAX RATE MEETING; BUDGET ADOPTION. Strikes through a great deal of language that normally appears in this type of public notice. Link to notice required by current law: http://www.cpa.state.tx.us/taxinfo/taxforms/50-280.pdf
82_R HB 3481 (read bill) Christian, R-Center DEAD: March 18 referred to House Elections public information oppose 1 Relating to the sworn complaint procedures of the Texas Ethics Commission. Would amend Election Code. See Sec. 571.161, CONFIDENTIALITY. (a) Except as provided by this subchapter, the following documents are confidential and may not be released to the public: (1) a complaint filed with the commission; (2) any notification sent by the commission; (3) any information received as the result of an investigation conducted by the commission; or (4) any findings made by the commission. (b) The information described by Subsection (a) may be made public by the commission with the written consent of the respondent.
82_R HB 3492 (read bill) Coleman, D-Houston DEAD: April 18 left pending House Land and Resource Management public notice support 2 Relating to authorizing counties to adopt buffer zone regulations and comprehensive plans and assess a roadway cost recovery fee. Would amend Local Government Code by adding CHAPTER 236, COUNTY BUFFER ZONE REGULATIONS. Requires public notice under Sec. 236.004, PROCEDURE GOVERNING ADOPTION OF COMPREHENSIVE PLAN AND REGULATIONS. "(a) The commissioners court may adopt or amend a comprehensive plan or buffer zone regulation only after holding 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.
82_R HB 3516 (read bill) Branch, R-Dallas DEAD: March 22 referred to House Higher Education public information support 2 Relating to requiring a public institution of higher education to make certain faculty information available to the public on the institution's Internet website. (Companion: SB 1874 by Zaffirini) Would amend Education Code by adding Sec. 51.9745, INTERNET ACCESS TO FACULTY INFORMATION. Requires public posting of information such as: (1) student/faculty ratio; (2) the percentage of all full-time equivalent faculty members with teaching responsibility who are tenured or tenure track; (3) the percentage of semester credit hours taken by students classified as freshmen or sophomores that are taught by tenured and tenure track faculty members; (4) the number of faculty members in each of the following faculty ranks, including a breakdown for each rank showing the numbers of faculty members by race, ethnicity, and gender.
82_R HB 3518 (read bill) Rodriguez, D-Austin DEAD: April 13 left pending House Transportation open meetings support 2 Relating to local funding for mobility improvement and transportation projects; providing authority to impose a tax, issue bonds, and impose penalties. Public hearing requirements are in many sections of this bill.
82_R HB 3530 (read bill) Ritter, R-Nederland DEAD: see companion SB 660 open meetings support 2 Relating to the functions of the Texas Water Development Board, including the functions of the board and related entities in connection with the process for establishing desired future conditions in a groundwater management area. (Companion: SB 660 by Hinojosa) Many requirements for public hearings in this bill.
82_R HB 3533 (read bill) Larson, R-San Antonio DEAD: April 7 left pending House Defense and Veterans Affairs public notice support 2 Relating to granting certain local governments general zoning authority around certain military facilities. Would amend Local Government Code by adding CHAPTER 241A, MUNICIPAL AND COUNTY ZONING AUTHORITY AROUND AIR FORCE FACILITY. Public notice required by 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 in English and in Spanish of the hearing in a newspaper of general circulation in the county."
82_R HB 3586 (read bill) Van Taylor, R-Plano DEAD: April 20 left pending House Energy Resources public notice support 2 Relating to unit operations for oil, gas, or oil and gas production or carbon dioxide storage. Would amend Natural Resources Code by adding CHAPTER 104, the Texas Enhanced Recovery Unitization Act. Under Sec. 104.053, NOTICE. (a) Notice of the application and the time and place of the hearing on the application must be mailed, postage prepaid, not later than the 31st day before the hearing date to each working interest owner, operator, unleased mineral interest owner, and royalty owner in the unit area and to each offset operator and unleased mineral interest owner whose name and address is shown on the list provided under Section 104.051. (b) Notice of the application and the time and place of hearing must be published once a week for four consecutive weeks in a newspaper of general circulation authorized by law to publish legal notices in the county or counties in which the land involved is located, or in another newspaper or publication designated by the commission. The first publication must be made not later than the 31st day before the hearing date.
82_R HB 3591 (read bill) Donna Howard, D-Austin (Senate sponsor Watson) PASSED: see companion SB 1327 public information monitor 3 Relating to the confidentiality of information obtained by a compliance office of an institution of higher education. (Companion: SB 1327 by Watson) Amends Education Code Sec. 51.971 so that information is excepted from disclosure under the Public Information Act if it is collected or produced: (1) in a compliance program investigation and releasing the information would interfere with an ongoing compliance investigation; or (2) by a systemwide compliance office for the purpose of reviewing compliance processes at a component institution of higher education of a university system. "Compliance program" means a process to assess and ensure compliance by the officers and employees of an institution of higher education with applicable laws, rules, regulations, and policies, including matters of: (A) ethics and standards of conduct; (B) financial reporting; (C) internal accounting controls; or (D) auditing.
82_R HB 3598 (read bill) Huberty, R-Humble DEAD: April 26 left pending House Criminal Jurisprudence public information oppose 1 Relating to the criminal registration procedure for a convicted arsonist.(Companion SB 1191 by Gallegos) Would amend Code of Criminal Procedure by adding CHAPTER 62(A).001 ARSONIST REGISTRATION PROGRAM. See Art. 62(A).062. LIMITATION ON NEWSPAPER PUBLICATION, a prior restraint on law enforcement. "(a) Except as provided by Subsection (b), a local law enforcement authority may not publish notice in a newspaper or other periodical or circular concerning a person's registration under this chapter if the only basis on which the person is subject to registration is one or more adjudications of delinquent conduct." This bill appears to be in conflict with the First Amendment on "prior restraint" grounds.
82_R HB 3620 (read bill) Isaac, R-Dripping Springs PASSED: see companion SB 1596 public notice support 2 Relating to changes in participation in public utility agencies. (Companion: SB 1596 by Wentworth) Amends Local Government Code Sec. 572.054 by adding a requirement for the governing body of each public entity that participates in the creation of a public utility agency to publish notice of its intention to create the agency, in a newspaper of general circulation in the county in which the entity is located, rather than domiciled.
82_R HB 3627 (read bill) Aliseda, R-Beeville DEAD: March 23 referred to House Elections FYI monitor 3 Relating to the use of audio and visual recording devices in a polling place. SECTION 3 of the bill would amend Election Code Sec. 61.014(b) to allow a person to record images or sound with a voting station only if the recording does not affect the confidentiality of a voter and the voter's ballot, as determined by the presiding judge.
82_R HB 3644 (read bill) Pitts, R-Waxahachie PASSED: see companion SB 1588 business-related oppose 1 Relating to the creation and re-creation of funds and accounts in the state treasury, the dedication and rededication of revenue, and the exemption of unappropriated money from use for general governmental purposes. (Companion: SB 1588 by Ogden) See companion bill, SB 1588: House floor amendment No. 4 by Fred Brown would amend Government Code Chapter 2054 Subchapter C to allow a state agency to contract with a private entity to lease advertising space on the agency's official electronic Internet portal.
82_R HB 3701 (read bill) Fletcher, R-Tomball DEAD: March 23 referred to House State Affairs public information oppose 1 Relating to the confidentiality of certain personal information. Would amend Public Information Act, Government Code 552.117(a), information that relates to the home address, home telephone number, or social security number of the following person or that reveals whether the person has family members, by adding paragraph (7): "a person who has received a Citation for a Class C misdemeanor as contained on a citation issued by a peace officer or other government official."
82_R HB 3755 (read bill) Cook, R-Corsicana PASSED: see companion SB 650 public notice support 2 Relating to management of certain metropolitan rapid transit authorities. (Companion: SB 650 by Hegar) Amends Transportation Code Chapter 451, ADDITIONAL MANAGEMENT PROVISIONS FOR CERTAIN AUTHORITIES. The bill contains transparency, public notice and public comment requirements. See Sec. 451.140. COMPETITIVE BIDS FOR AND PURCHASE OF TRANSIT SERVICES.
82_R HB 3784 (read bill) Callegari, R-Houston DEAD: March 23 referred to House Government Efficiency and Reform public information support 2 Relating to the ethics and financial disclosure requirements and audits of certain governmental bodies. Would amend Government Code Chapter 572 by requiring all governmental bodies (state, regional, local) to send an annual financial statement to the comptroller to be audited.
82_R HB 3801 (read bill) Sarah Davis, R-Houston DEAD: May 12 on House Calendar for Second Reading and not taken up public information oppose 1 Relating to the exception of certain personal information from disclosure under the public information law. Would amend Public Information Act, Government Code Chapter 552 by creating an opt-in for state employees to allow disclosure of their date of birth and other personal information.
82_R SB 3 (read bill) Shapiro, R-Dallas DEAD: March 8 left pending Senate Education public notice monitor 3 Relating to the flexibility of the board of trustees of a school district in the management and operation of public schools in the district. (Companion: SB 468 by Shapiro) Would amend Education Code 44.004 so that if the tax rate decreases after the publication of the required notice, the president is not required to publish another notice or call another meeting to discuss and adopt the budget and the proposed lower tax rate.
82_R SB 18 (read bill) Estes, R-Wichita Falls; coauthor Duncan PASSED: effective 9/1/2011 public information monitor 3 Relating to the use of eminent domain authority. (Companions: HB 279 by Geren and SB 180 by Estes) (House sponsor Geren) Amends Government Code Chapter 2206, Eminent Domain. Prohibits a governmental or private entity from taking private property through the use of eminent domain if the taking is not for a public use. Requires a governmental entity to authorize the initiation of the condemnation proceeding at a public meeting by a record vote. Sen. Jose Rodriguez, D-El Paso, added as coauthor on Feb. 8.
82_R SB 21 (read bill) Williams, R-The Woodlands DEAD: Feb. 28 referred to Senate State Affairs public notice monitor 3 Relating to the establishment of a voluntary compensation plan as an alternative to litigation. (Companion: HB 2031 by Madden) Would amend Civil Practice and Remedies Code by adding CHAPTER 160, VOLUNTARY COMPENSATION PLAN. Adds to public notice: see SUBCHAPTER B. NOTICE AND PUBLICATION, Sec. 160.051, NOTICE REQUIRED. Has public notice component, Sec. 160.052.
82_R SB 40 (read bill) Zaffirini, D-Laredo (House sponsor Callegari) VETOED June 17 open meetings monitor 3 Relating to the functions of the Texas Guaranteed Student Loan Corporation. Would amend Education Code Chapter 57. SECTION 6 of the Conference Committee Report adds Sec. 57.181, language allowing any of the corporation's directors to attend any board meeting by telephone conference call, provided that the telephone conference is audible to the public at a single meeting location specified in the meeting's notice during each part of the meeting that is required to be open to the public.
82_R SB 59 (read bill) Zaffirini, D-Laredo DEAD: Jan. 31 referred to Senate State Affairs public information support 2 Relating to the provision of assistance by the Texas Ethics Commission in the reporting of political contributions and expenditures made in connection with offices of and measures proposed by local governmental entities. Would amend Government Code by adding Subchapter G titled Reporting of Political Contributions and Expenditures related to Local Governmental Entities and Officers. Requires public access via the Internet to electronic reports of political contributions and expenditures.
82_R SB 68 (read bill) Zaffirini, D-Laredo DEAD: April 26 left pending Senate Government Organization public information oppose 1 Relating to contracting issues of state agencies, including ethics issues related to state contracting. Would amend Government Code by requiring creation of a searchable database containing detailed state agency contract information. The public would have online access to the database. This is to track contracts of $10 million or more or contracts that are high risk: those that would outsource jobs of more than 100 state workers. Bill language does not explain what constitutes a "small" or "routine" contract.
82_R SB 110 (read bill) Davis, D-Fort Worth DEAD: Jan. 31 referred to Senate State Affairs public information monitor 3 Relating to ethics and accountability of certain public employees, public officers, political contributors, state contractors, and grant recipients; providing penalties. Would amend Election Code to create transparency in financial connections between contractors and elected or appointed public officials and between contractors and candidates for public office. Information would be posted to governor's website.
82_R SB 167 (read bill) West, D-Dallas (House sponsor Veasey) VETOED June 17 public information oppose 2 Relating to the automatic expunction of arrest records and files after an individual receives a pardon or a grant of certain other relief with respect to the offense for which the individual was arrested. Would amend expunction statute, Code of Criminal Procedure Art. 55 to include persons "otherwise granted relief on the basis of actual innocence with respect to that offense." Also adds a Sec. 1a to Art. 55.02, defining what information must be expunged by what governmental entities. Corrections authorized via HCR 177.
82_R SB 193 (read bill) Nelson, R-Flower Mound (House sponsor S. King) PASSED: effective 9/1/2011 public information monitor 3 Relating to the regulation of the practice of nursing. (Companion: HB 1663 by Susan King) Would amend Occupations Code Chapter 301. Allows peer review boards to redact identifying patient, nurse and health facility information from records to be released under the Texas Public Information Act.
82_R SB 208 (read bill) Gallegos, D-Galena Park DEAD: April 28 referred to House Public Education public information monitor 3 Relating to public notice and forums concerning finalists for the position of superintendent of a school district. Would amend Education Code by adding Sec. 11.1514. SUPERINTENDENT: PUBLIC NOTICE OF FINALISTS AND PUBLIC FORUM. Requires public notice of the name of each finalist the board is considering for the position of superintendent of the district. Requires board of trustees to hold at least two limited public forums at which each finalist shall speak and parents of district students, teachers, and other community members may offer relevant information and opinions and ask relevant questions of any of the finalists. Also would amend Government Code Sec. 552.126. EXCEPTION: NAME OF APPLICANT FOR SUPERINTENDENT OF PUBLIC SCHOOL DISTRICT, by requiring board of trustees to give public notice of the name or names of finalists at least 30 days before the date of the meeting at which a final action or vote is to be taken. (Current law allows 21 days.)
82_R SB 227 (read bill) Nelson, R-Flower Mound (House sponsor S. King) PASSED: effective 9/1/2011 public information support 2 Relating to the nondisciplinary resolution of certain complaints filed against physicians. Amends Occupations Code by adding Sec. 164.0015. REMEDIAL PLAN. A remedial plan is a mechanism to resolve an investigation of a complaint. Section 2 of the bill amends Occupations Code 164.002 by specifying that a remedial plan is public information.
82_R SB 297 (read bill) Wentworth, R-San Antonio DEAD: April 26 left pending Senate Jurisprudence public information oppose 2 Relating to juror questions and juror note-taking during civil trials. Would amend Civil Practice and Remedies Code by adding Chapter 25, CIVIL JURY TRIAL PROCEDURES. Judicial information is not subject to the Public Information Act, however, noteworthy is that this bill would allow jurors to anonymously submit questions to be read and answered in open court and that jurors' personal notes would be collected and destroyed before closing arguments and not become part of the record of the trial.
82_R SB 299 (read bill) Wentworth, R-San Antonio DEAD: Jan. 31 referred to Senate Intergovernmental Relations public information support 2 Relating to mandatory sales price disclosure in real property sales; providing a civil penalty. 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." Includes stiff penalties for not doing so.
82_R SB 301 (read bill) Wentworth, R-San Antonio DEAD: May 10 left pending Senate Business and Commerce freedom of speech oppose 2 Relating to filing a complaint against a person licensed to engage in a business, occupation, or profession; providing civil and criminal penalties. Would amend Occupations Code by adding CHAPTER 60. AFFIDAVIT REQUIRED FOR COMPLAINT; PENALTIES FOR MALICIOUS COMPLAINT. Seems to chill public's ability to communicate freely.
82_R SB 310 (read bill) Seliger, R-Amarillo (House sponsor Smithee) PASSED: effective 6/17/2011 public notice support 2 Relating to the Dallam-Hartley Counties Hospital District. Amends Special District Local Laws Code. Sec. 1018.302. Creates requirement for public notice of election to dissolve district.
82_R SB 339 (read bill) Gallegos, D-Galena Park DEAD: April 26 left pending, Senate Natural Resources public notice support 2 Relating to disclosure by the Texas Commission on Environmental Quality of information related to emissions events. Would amend Health and Safety Code Sec. 382.0215 ("Assessment of Emissions Due to Emissions Events") by adding notification requirements. New language in paragraph (e-1) requires TCEQ to maintain list of emissions events on agency's web site.
82_R SB 340 (read bill) Gallegos, D-Galena Park DEAD: Feb. 2 referred to Senate Natural Resources public information support 2 Relating to the reporting of emissions events under the Clean Air Act. Would amend Health and Safety Code Sec. 382.0215(b) by requiring the owner or operator of a regulated entity that experienced emissions events to notify the Texas Commission on Environmental Quality "not later than three hours after discovery of the emissions event." Current law gives the owner or operator 24 hours to report such an event.
82_R SB 341 (read bill) Uresti, D-San Antonio (House sponsor Menendez) PASSED: effective 6/17/2011 without Governor's signature public notice support 2 Relating to the appointment of a conservator for and authorizing the dissolution of the Bexar Metropolitan Water District. (Companion: HB 648 by Menendez) Requires public notice of election to dissolve the district.
82_R SB 366 (read bill) Ogden, R-Bryan DEAD: Feb. 2 referred to Senate Business & Commerce public information support 1 Relating to the repeal of information disclosure exemptions for public power utilities. Would repeal Government Code (Public Information Act) Sec. 552.133, EXCEPTION: PUBLIC POWER UTILITY COMPETITIVE MATTERS, which makes information confidential regarding distribution access service, terms and conditions, rates charged, reliability and continuity of service, etc.
82_R SB 367 (read bill) Ogden, R-Bryan (House sponsor Cook) PASSED: effective 6/17/2011 without Governor's signature public information monitor 3 Relating to the review by the attorney general of invoices related to legal services provided to state agencies by outside counsel. Amends Government Code Chapter 402 by requiring that an invoice submitted to a state agency under a contract for legal services must be reviewed by the attorney general to determine whether the invoice is eligible for payment, and, an attorney or law firm must pay an administrative fee to the attorney general for the review when entering into a contract to provide legal services to a state agency. The bill includes an exception to those requirements for the Texas Turnpike Authority.
82_R SB 368 (read bill) Seliger, R-Amarillo DEAD: Feb. 2 referred to Senate Natural Resources public notice support 2 Relating to limits on the purpose of a fresh water supply district and on a district's exercise of the power of eminent domain. Would amend Water Code by adding Sec. 53.108, LIMITATION ON USE OF EMINENT DOMAIN POWER; REQUIRED APPROVALS. Includes public notice / public hearing requirements.
82_R SB 375 (read bill) Wentworth, R-San Antonio DEAD: May 11 reported as substituted House State Affairs public information support 1 Relating to categories of information presumed to be public under the public information law. (Companion: HB 1044 by Solomons) Would amend Public Information Act, Government Code Sec. 552.022, CATEGORIES OF PUBLIC INFORMATION; EXAMPLES. The bill makes information made confidential by other law, though not included specifically under the Act's list of exceptions, in compliance with the Act.
82_R SB 413 (read bill) West, D-Dallas DEAD: April 18 not again placed on Senate Intent Calendar public notice monitor 3 Relating to the purchasing and contracting authority of counties. (Companion: HB 1694 by Coleman) Would amend Local Government Code Sec. 262.0245, COMPETITIVE PROCUREMENT PROCEDURES ADOPTED BY COUNTY PURCHASING AGENTS, with new language making the statute also apply to a COMMISSIONERS COURT. Requires notice to be published in a newspaper to include: (1) a general statement of the proposed purchase; (2) the name and telephone number of the purchasing agent; and (3) the county website address, if any. Also says in (a-1) that Subsection (a) does not require more than two notices in one newspaper or limit the county from providing additional notice for longer periods or in more locations.
82_R SB 414 (read bill) West, D-Dallas DEAD: Feb. 2 referred to Senate Intergovernmental Relations open meetings support 2 Relating to the liability of county officers. Would amend Local Government Code by adding Sec. 157.9035, LIABILITY OF ELECTED AND APPOINTED COUNTY OFFICERS. "If the district or county attorney determines that (an) action taken by (an) officer was beyond the scope of the officer’s official duties as prescribed by law (such as meeting in closed session without proper authority), the commissioners court shall hold a public hearing to consider the matter.
82_R SB 417 (read bill) West, D-Dallas DEAD: Feb. 2 referred to Senate Criminal Justice public information oppose 2 Relating to the disclosure by a court of criminal history record information that is the subject of an order of nondisclosure. Would amend Government Code Section 411.081, Government Code, CRIMINAL HISTORY RECORD INFORMATION. See paragraph (g-3) which says, "A court may not disclose to the public any information contained in the court records that is the subject of an order of nondisclosure issued under this section."
82_R SB 462 (read bill) West, D-Dallas (House sponsor Veasey) PASSED: effective 9/1/2011 public information oppose 2 Relating to the right to an expunction of records and files relating to a person's arrest. Amends Code of Criminal Procedure Art. 55 by allowing expunction if the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court-ordered community supervision or deferred disposition under this code for any offense except for a Class C misdemeanor, etc.
82_R SB 468 (read bill) Shapiro, R-Dallas DEAD: April 12 not heard in Senate Education public notice monitor 3 Relating to the flexibility of the board of trustees of a school district in the management and operation of public schools in the district. (Companion: SB 3 by Shapiro) Would amend Education Code 44.004 so that if the tax rate decreases after the publication of the required notice, the president is not required to publish another notice or call another meeting to discuss and adopt the budget and the proposed lower tax rate.
82_R SB 470 (read bill) Carona, R-Dallas (House sponsor Anchia) PASSED: effective 9/1/2011 public information oppose 2 Relating to an exception to disclosure under the public information law concerning officers and employees of a hospital district. Repeals Government Code Sec. 552.150(c), Public Information Act EXCEPTION: INFORMATION THAT COULD COMPROMISE SAFETY OF OFFICER OR EMPLOYEE OF HOSPITAL DISTRICT. Dallas Parkland Hospital, a public hospital, allows employees to apply to have their personal information made confidential, but the applications of those who opt to do so must be approved by the office of the attorney general. The approval process can take up to 45 days. Citizens who request check register information from the hospital, for example, could be denied access, or forced to wait a long time to get access to readily available check register information that, if released, would not violate a confidentiality order.
82_R SB 475 (read bill) Dan Patrick, R-Houston PASSED: effective 6/17/2011 public notice support 2 Relating to the creation of the Harris County Municipal Utility District No. 524. (Companion: HB 709 by Fletcher) Would amend Special District Local Laws by adding CHAPTER 8354, HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 524. Includes provisions for public notice of election to create district, in accordance with election notice requirements as specified in Water Code chapters 49 and 54.
82_R SB 484 (read bill) Huffman, R-Houston PASSED: see companion HB 2006 public information oppose 1 Relating to the release of a photograph of a police officer and access to records maintained by internal investigative divisions in certain municipalities. (Companion: HB 2006 by Bonnen) Amends Local Government Code Sec. 143.1214, RECORDS RELATED TO DISCIPLINARY ACTIONS OR CHARGES OF MISCONDUCT; PHOTOGRAPHS. Paragraph (f) says "The department, commission, or municipality may not release a photograph that depicts a police officer unless: (1) the officer has been charged with an offense by indictment or by information; (2) the officer is a party in a civil service hearing or a case before a hearing examiner or in arbitration; (3) the photograph is introduced as evidence in a judicial proceeding; or (4) the officer gives written consent to the release of the photograph.
82_R SB 545 (read bill) Seliger, R-Amarillo (House sponsor Driver) PASSED: effective 9/1/2011 public information monitor 3 Relating to employment records for law enforcement officers, including procedures to correct employment termination reports; providing an administrative penalty. (Companion: HB 520 by Driver) Amends Occupations Code Sec. 1701.454, CONFIDENTIALITY, such that "All information submitted to the commission under this subchapter is confidential and is not subject to disclosure under Chapter 552, Government Code (Public Information Act). Opposed original filed version. Committee Substitute removed language that would have made confidential information about an officer terminated as a result of substantiated incidents of excessive force or violations of the law other than traffic offenses. LAC position on the substitute changed to 3-monitor.
82_R SB 550 (read bill) Eltife, R-Tyler DEAD: May 17 left pending House Public Education public information support 1 Relating to the required public notice of the names of a certain number of finalists for the position of superintendent of a public school district. (Companion: HB 3173 by Eddie Rodriguez) Would amend Public Information Act, Government Code Sec. 552.126, EXCEPTION: NAME OF APPLICANT FOR SUPERINTENDENT OF PUBLIC SCHOOL DISTRICT, such that "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) 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) Before the public notice required by Subsection (b) is posted, the board of trustees must give an applicant whose name will be included in the public notice an opportunity to withdraw from consideration for the position.
82_R SB 552 (read bill) Carona, R-Dallas DEAD: April 19 left pending Senate Natural Resources public information monitor 3 Relating to the creation of the Energy Efficiency Coordination Council and to statewide energy efficiency; providing penalties. Would amend Government Code by adding Chapter 470, ENERGY EFFICIENCY COORDINATION COUNCIL. Sec. 470.003, APPLICATION OF PUBLIC INFORMATION; OPEN MEETINGS, says the council is subject to the public information and open meetings laws.
82_R SB 563 (read bill) Jackson, R-Pasadena PASSED: effective 9/1/2011 public information monitor 3 Relating to information regarding job matching services provided by the Texas Workforce Commission. Amends Labor Code to require the Texas Workforce Commission to adopt and enforce rules governing confidentiality, custody, use, preservation and disclosure of job matching services information. "The rules must include safeguards to protect the confidentiality of identifying information regarding any individual or any past or present employer or employing unit contained in job matching services information, including any information that foreseeably could be combined with other publicly available information to reveal identifying information regarding the individual, employer, or employing unit, as applicable."
82_R SB 592 (read bill) Williams, R-The Woodlands DEAD: Feb. 17 referred to Senate State Affairs public information monitor 3 Relating to the powers and duties of the state auditor's office. (Companion: HB 593 by Pitts) Would amend Government Code Chapter 321. In audits of state and local governmental bodies, requires creation of an audit plan, and that plan would be considered an audit working paper exempt from disclosure under the Public Information Act, Government Code 552.116. Also exempts all documentation of risk assessments, audit papers related an investigation. Makes inspector general's final report subject to Public Information Act. Also creates an AUDIT AND INVESTIGATIVE COORDINATING COUNCIL which would not be subject to the Open Meetings Act.
82_R SB 602 (read bill) Rodriguez, D-El Paso (House sponsor Marquez) PASSED: effective 9/1/2011 public information oppose 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 and the calculation of certain deadlines under the public information law. (Companion: HB 1671 by Marquez) Amends Public Information Act, Government Code Sec. 552.130, by adding Subsection (c) to read as follows: Subject to Chapter 730, Transportation Code, a governmental body may redact information described by Subsection (a) 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. SECTION 2. Section 552.136, Government Code, is amended by adding Subsection (c) to read as follows: (c) A governmental body may redact information that must be withheld under Subsection (b) 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. SECTION 3. Section 552.263, Government Code, is amended by adding Subsection (e-1) to read as follows: (e-1) If a requestor modifies the request in response to the requirement of a deposit or bond authorized by this section, the modified request is considered a separate request for the purposes of this chapter and is considered received on the date the governmental body receives the written modified request. SECTION 4. Section 552.301, Government Code, is amended by adding Subsection (a-1) to read as follows: (a-1) For the purposes of this subchapter, if a governmental body receives a written request by the United States mail and cannot adequately establish the actual date on which the governmental body received the request, the written request is considered to have been received by the governmental body on the third business day after the date of the postmark on a properly addressed request. (Senate Conferees: Rodriguez, Uresti, Gallegos, Wentworth, Eltife. (This bill codifies the way the attorney general's office rules on requests for such information.) Effective date: 9-1-2011.
82_R SB 603 (read bill) Rodriguez, D-El Paso PASSED: see companion HB 336 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 certain school districts. (Companion: HB 336 by Marquez) Amends Election Code by adding Sec. 254.04011, AVAILABILITY OF REPORTS OF SCHOOL TRUSTEES ON INTERNET. Applies only to a school district located wholly or partly in a municipality with a population of more than 500,000. Says, "Before making a report available on the Internet under this section, the school district shall remove each portion, other than city, state, and zip code, of the address of a person listed as having made a political contribution to the person filing the report."
82_R SB 650 (read bill) Hegar, R-Katy (House sponsor Cook) PASSED: effective 6/17/2011 public information support 2 Relating to management of certain metropolitan rapid transit authorities. (Companion: HB 3755 by Cook) Amends Transportation Code Chapter 451, ADDITIONAL MANAGEMENT PROVISIONS FOR CERTAIN AUTHORITIES. The Austin Capitol Metro sunset bill contains transparency, public notice and public comment requirements.
82_R SB 660 (read bill) Hinojosa, D-McAllen (House sponsor Ritter) PASSED: effective 9/1/2011 open meetings support 2 Relating to the review and functions of the Texas Water Development Board, including the functions of the board in connection with the process for establishing and appealing desired future conditions in a groundwater area. (Companion: HB 3530 by Ritter) Many positive requirements for public hearings in this bill.
82_R SB 669 (read bill) Wentworth, R-San Antonio DEAD: May 19 reported favorably House State Affairs public information oppose 1 Relating to requests to inspect or be provided with copies of information under the public information law. Would amend Public Information Act, Government Code Sec. 552.003 to define "Manipulation" in regards to copy cost implications in modifying, reordering, or decoding of information with human intervention. Also would amend Sec. 552.2615(g), regarding time deadlines imposed on a governmental body in response to a requestor. And, would amend Sec. 552.263, addressing situations in which a requestor modifies the request in response to the requirement of a deposit or bond. The bill appears to create means to delay public access to information and establish charges for merely viewing public information. And the bill, in attempting to abate voluminous abusive requests made only to harass a governmental body, would unintentionally inhibit legitimate requests.
82_R SB 672 (read bill) Gallegos, D-Galena Park DEAD: Feb. 23 referred to Senate Natural Resources public information support 2 Relating to measuring, monitoring, and reporting emissions. (Companion: HB 1981 by Wayne Smith) Would amend Health and Safety Code Chapter 382. Sec. 382.0161, AIR POLLUTANT WATCH LIST. Requires Texas Commission on Environmental Quality to 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. (c) When considering the addition or removal of an area to the air pollutant watch list, the commission shall provide the monitoring data related to the area to the state senator and representative who represent the area. (d) The commission may hold a public meeting in an area listed on the air pollutant watch list to provide residents of the area with information regarding: (1) the reasons for the area's inclusion on the air pollutant watch list; and (2) commission actions to reduce the emissions of air contaminants contributing to the area's inclusion on the air pollutant watch list.
82_R SB 677 (read bill) Gallegos, D-Galena Park DEAD: May 21 Senate failed to suspend rules to consider public information support 1 Relating to the enforcement of the public information law. Would amend the penalty and judgment section of the Public Information Act, such that an action for a declaratory judgment, injunctive relief, or a civil penalty may be brought against a governmental body that violates the Act. New language: A governmental body that violates this chapter is subject to a civil penalty not to exceed $1,000 for each violation. Each day the violation continues is considered a separate violation. A civil penalty collected under this section shall be deposited in the state treasury to the credit of the general revenue fund.
82_R SB 680 (read bill) Gallegos, D-Galena Park (House sponsor Woolley) DEAD: May 23 House pronounced dead by procedural action public information monitor 3 Relating to a fee collected by a district clerk for certain electronic certified copies. (Companion: HB 627 by Woolley) Would amend Government Code chapter 51 so an electronic certified copy of a record, judgment, order, pleading, or paper on file or of record in the district clerk's office, including certificate and seal, for each page or part of a page may not exceed $1. Also would amend Government Code by adding Sec. 101.06118, ADDITIONAL DISTRICT COURT FEES: GOVERNMENT CODE, so that the clerk of a district court shall collect for an electronic certified copy of a record, judgment, order, pleading, or paper on file or of record in the district clerk's office, including certificate and seal, a fee not to exceed $1 for each page or part of a page under Section 51.318, Government Code. (LAC opposed filed version byt dropped opposition to committee substitute introduced on March 22.)
82_R SB 689 (read bill) Ellis, D-Houston DEAD: Feb. 23 referred to Senate Business and Commerce public information support 2 Relating to the disclosure of electricity generation offers received by ERCOT. (Companion: HB 2044 by Berman) Would amend Utilities Code by adding Sec. 39.1516, DISCLOSURE OF ELECTRICITY GENERATION OFFERS. Requires web posting of offers.
82_R SB 690 (read bill) Carona, R-Dallas (House sponsor Sid Miller) PASSED: effective 1/1/2012 public notice monitor 3 Relating to the enforcement of a self-service storage facility lien. (Companion: HB 1259 by Sid Miller) Amends Property Code Sec. 59.044(b) so that a self storage facility operator, instead of publishing two public notices in a newspaper, could publish notice one time in a newspaper and on an Internet website accessible to the general public. (Committee Substitute SB 690 retains current language in the law regarding newspaper publication.)
82_R SB 694 (read bill) West, D-Dallas (House sponsor Wayne Smith) PASSED: effective 6/17/2011 public information monitor 3 Relating to the regulation of metal recycling entities. Amends Occupation Code Chapter 1956. Has confidentiality/non-disclosure language regarding information relating to sale and possession or regulated materials.
82_R SB 700 (read bill) Watson, D-Austin DEAD: Feb. 23 referred to Senate Finance public information support 2 Relating to the maintenance by the Legislative Budget Board of a searchable database containing certain budget information. Would amend Government Code by adding Sec. 322.021, BUDGET DATABASE, an open access web database containing the information the LBB uses to prepare the general appropriations bill as filed and as subsequently amended, substituted, engrossed, or enrolled in either house of the Legislature.
82_R SB 705 (read bill) Watson, D-Austin DEAD: Feb. 23 referred to Senate Finance public information monitor 3 Relating to unfunded legislative mandates on local governments. Would amend Government Code Chapter 320 to create an UNFUNDED LEGISLATIVE MANDATES INTERAGENCY WORK GROUP that would be required to publish the list of legislative mandates for which the legislature has not provided reimbursement to local governmental bodies.
82_R SB 752 (read bill) Birdwell, R-Granbury DEAD: Feb. 23 referred to Senate Higher Education public information support 2 Relating to Internet access to checking account transactions of a public institution of higher education. (Companion: HB 1237 by Zedler) Would amend Education Code by adding Sec. 51.9741, INTERNET ACCESS TO CHECKING ACCOUNT TRANSACTIONS. "Each institution of higher education ... shall post on the institution's Internet website a copy of the institution's checking account transaction register ... for each payment by check or electronic transfer drawn from money appropriated from the state general revenue fund or received as student tuition or fee payments ..."
82_R SB 869 (read bill) Lucio, D-Brownsville DEAD: March 1 referred to Senate State Affairs public information support 2 Relating to the requirement that a member of the board of trustees of an independent school district file a financial disclosure statement. Would amend Education Code chapter 11 by requiring each member of a school district board of trustees to timely file a financial statement, the same as state officers are required to do under Government Code Chapter 572.
82_R SB 870 (read bill) Lucio, D-Brownsville DEAD: March 1 referred to Senate Education public information monitor 3 Relating to notifying parents of changes to school district policy. Would require school district policy changes to be posted on school district's web site and made available on request at school district office.
82_R SB 918 (read bill) Wentworth, R-San Antonio (House sponsr Thompson) PASSED: effective 9/1/2011 FYI monitor 3 Relating to immunity for reporting insurance fraud. (Companion: HB 1554 by Thompson) Amends Insurance Code Chapter 701.052, INSURANCE FRAUD INVESTIGATION, by making an organization primarily dedicated to the detection, investigation, and prosecution of insurance fraud not civilly liable in reporting suspected insurance fraud.
82_R SB 932 (read bill) Williams, R-The Woodlands (House sponsor Eiland) PASSED: effective 9/1/2011 public notice support 2 Relating to oyster shells and an oyster shell recovery and replacement program. (Companion: HB 2148 by Eiland) Amends Parks and Wildlife Code, Sec. 76.020, OYSTER SHELL RECOVERY AND REPLACEMENT PROGRAM. Kills the following language: "post notices of the closing in fish and oyster houses in two towns nearest the area to be closed and shall publish notice in a daily newspaper of general circulation in the area to be closed. The notices shall be posted and published at least three days before the effective date of the closing." (LAC opposed the original filed version because it removed print public notice requirement. LAC dropped opposition when notice language was put back in the committee substitute.)
82_R SB 935 (read bill) Seliger, R-Amarillo DEAD: April 6 placed on Senate Intent Calendar FYI monitor 3 Relating to the method of delivery of certain notices sent by the Texas Commission on Environmental Quality. Would amend Water Code so TCEQ shall utilize electronic means of transmission for any notice issued or sent by the commission to a state senator or representative, unless the senator or representative has requested to receive notice by mail. A paper reduction effort that could have public information consequences.
82_R SB 950 (read bill) Wendy Davis, D-Fort Worth DEAD: March 17 referred to Senate Business and Commerce public information monitor 3 Relating to retail electric provider customer choice information. Would amend Utilities Code by adding Sec. 39.113, ONLINE CUSTOMER CHOICE INFORMATION. Gives customers access to complaints submitted to the PUC about each retail electric provider, enforcement actions initiated by the PUC against each retail electric provider, and final enforcement actions taken against each retail electric provider.
82_R SB 970 (read bill) Rodriguez, D-El Paso DEAD: May 9 left pending Senate Finance public information support 2 Relating to information included in a searchable state revenue and expenditure database maintained by the comptroller. Would amend Government Code Chapter 403, SEARCHABLE STATE REVENUE AND EXPENDITURE DATABASE. Increases transparency. Opens up more county information.
82_R SB 991 (read bill) Carona, R-Dallas DEAD: March 8 referred to Senate Economic Development public information oppose 1 Relating to the administration of the Texas Enterprise Fund and the Texas emerging technology fund and of awards from those funds. Would amend Government Code by adding SUBCHAPTER B. TEXAS ENTERPRISE FUND OVERSIGHT COMMITTEE. Bill includes confidentiality clause, Sec. 490F.057. CONFIDENTIALITY. "Information collected by the governor's office, the committee, or the committee's advisory subcommittees concerning the identity, background, finance, marketing plans, trade secrets, or other commercially sensitive information of an individual or entity being considered for an award from the fund is confidential unless the individual or entity consents to disclosure of the information."
82_R SB 1048 (read bill) Jackson, R-Pasadena (House sponsor J. Davis) PASSED: effective 9/1/2011 public notice support 2 Relating to the creation of public and private facilities and infrastructure. (Companion: HB 2432 by John Davis) Amends Government Code by adding CHAPTER 2267, PUBLIC AND PRIVATE FACILITIES AND INFRASTRUCTURE, and CHAPTER 2268, PARTNERSHIP ADVISORY COMMISSION. On page 27 of this 36-page bill are open government requirements in Sec. 2267.067, POSTING OF PROPOSALS; PUBLIC COMMENT; PUBLIC ACCESS TO PROCUREMENT RECORDS. Allows either website posting or newspaper publication of notice.
82_R SB 1065 (read bill) Williams, R-The Woodlands (House spnsr Hamilton) PASSED: effective 9/1/2011 public information monitor 3 Relating to critical incident stress management and crisis response services. (Companion: HB 2040 by Hamilton) Amends Health and Safety Code by adding CHAPTER 784, CRITICAL INCIDENT STRESS MANAGEMENT AND CRISIS RESPONSE SERVICES. Sec. 784.002 allows CLOSED MEETINGS. Sec. 784.003 provides for CONFIDENTIALITY of communications and records. The bill allows communications between a counselor (critical incident stress management team member) and a first responder to be kept confidential. Also, exempts an emergency response team or an emergency response team member providing critical incident stress management services or crisis response services from liability for damages, including personal injury, wrongful death, property damage, or other loss related to the team's or member's act, error, or omission in the performance of the services, unless the act, error, or omission constitutes wanton, willful or intentional misconduct.
82_R SB 1076 (read bill) Ellis, D-Houston DEAD: April 13 voted favorably as substituted Senate Criminal Justice public information oppose 2 Relating to community supervision for certain drug possession offenses and to a person's eligibility for an order of nondisclosure following a term of community supervision for any of those offenses. Would amend criminal records expunction statute, Government Code Sec. 411.081, by adding Subsection (d-1) to provide for orders of nondisclosure.
82_R SB 1104 (read bill) Jackson, R-Pasadena (House sponsor W. Smith) PASSED: effective 5/21/2011 open meetings support 2 Relating to the operation, powers, and duties of ship channel districts. (Companion: HB 2232 by Wayne Smith) Amends Water Code chapter 68. Requires commissioners court to publish public notice and conduct a public hearing on petition to add territory to district. Also requires commissioners court to publish public notice and conduct public hearing on petition to exclude territory from district.
82_R SB 1109 (read bill) Williams, R-The Woodlands DEAD: April 25 referred to House State Affairs public notice oppose 1 Relating to state agency procurement and the comptroller's procurement powers and duties. (Companion: HB 2021 by Pitts) Would amend Government Code sections relating to the Comptroller's statewide procurement of goods and services. The bill repeals Government Code Sec. 2156.002 related to: (1) award of certain contracts in public meetings; (2) the Procurement Advisory Council; (3) exemption from competitive bidding requirements for the purchase of goods or services from blind or visually impaired persons; (4) purchases for an auxiliary enterprise; and (5) public notice of bid solicitations in general circulation newspapers.
82_R SB 1130 (read bill) Hegar, R-Katy (House sponsor Kleinschmidt) PASSED: effective 6/17/2011 public information monitor 3 Relating to the exception from required public disclosure of certain records of an appraisal district. Amends Public Information Act, Government Code Sec. 552.149(e), by increasing access to comparable sales information in counties with a population of 150,000 or less. Committee Substitute for SB 1130 changes affected population bracket from counties population 150,000 or less to counties of population 50,000 or more.
82_R SB 1135 (read bill) Hegar, R-Katy DEAD: March 16 referred to Senate Natural Resources public notice oppose 1 Relating to regulation of gas pipelines. (Companion: HB 1968 by Chisum) Would amend Utilities Code by adding chapter 141, GAS PIPELINE REGULATORY ACT. On page 30 of this 47-page bill there is a requirement for publication of notice of proposed rate increase in each county containing territory affected by proposed rate increase. But, instead of publishing newspaper notice, a gas pipeline may provide notice to the public in an area outside the affected municipality or in a municipality with a population of less than 2,500 by: (1) mailing the notice by U.S. mail, postage prepaid, to the billing address of each directly affected customer, or (2) including the notice, in conspicuous form, in the bill of each directly affected customer. Also, in regards to transparency, see SUBCHAPTER B. RESTRICTIONS ON CERTAIN TRANSACTIONS, Sec. 142.051. REPORT OF CERTAIN TRANSACTIONS; RAILROAD COMMISSION CONSIDERATION. (a) Not later than the 60th day after the date the transaction takes effect, a gas pipeline shall report to the railroad commission: (1) a sale, acquisition, or lease of a plant as an operating unit or system in this state for a total consideration of more than $1 million; or (2) a merger or consolidation with another gas pipeline operating in this state. (b) On the filing of a report with the railroad commission, the railroad commission shall investigate the transaction described by Subsection (a), with or without a public hearing, to determine whether the action is consistent with the public interest. Also, see Sec. 142.103. COMMUNICATIONS WITH RAILROAD COMMISSION. (a) The railroad commission shall adopt rules governing communications with the railroad commission or a member or employee of the railroad commission by: (1) a gas pipeline; (2) an affiliate; or (3) a representative of a gas pipeline or affiliate. (b) A record of a communication must contain: (1) the name of the person contacting the railroad commission or member or employee of the railroad commission; (2) the name of the business entity represented; (3) a brief description of the subject matter of the communication; and (4) the action, if any, requested by the gas pipeline, affiliate, or representative. (c) Records compiled under Subsection (b) shall be available to the public monthly.
82_R SB 1136 (read bill) Watson, D-Austin PASSED: see companion HB 1422 public notice oppose 1 Relating to the issuance of titles for certain motor vehicles that are the subject of insurance claims. (Companion: HB 1422 by Truitt) Amends Transportation Code Sec. 501.092, INSURANCE COMPANY TO SURRENDER CERTIFICATES OF TITLE TO CERTAIN SALVAGE MOTOR VEHICLES OR NONREPAIRABLE MOTOR VEHICLES. Strikes through current language requiring notice by publication in a newspaper of general circulation in the area where the unclaimed mail notice was sent, if vehicle owner cannot be found.
82_R SB 1137 (read bill) Watson, D-Austin DEAD: March 16 referred to Senate Transportation and Homeland Security public notice support 2 Relating to public participation in the development of transportation projects by the Texas Department of Transportation. Would amend Transportation Code chapter 201, with public participation provisions, including Sec. 201.651, PUBLIC HEARINGS; Sec. 201.652, PUBLIC COMMENT FOR PUBLIC HEARINGS; Sec. 201.653, PUBLIC MEETINGS; etc.
82_R SB 1147 (read bill) Duncan, R-Lubbock (House sponsor Ritter) PASSED: effective 4/1/2013 public notice monitor 3 Relating to the nonsubstantive revision of certain local laws concerning special districts, including conforming amendments. (Companion: HB 3184 by Ritter) This 440-page bill lists conforming amendments to Special District Local Laws. Among the amendments are required newspaper publication of notices of elections, public hearings and meetings.
82_R SB 1151 (read bill) Jackson, R-Pasadena (House sponsor Menendez) DEAD: April 28 reported favorably House State Affairs public information oppose 1 Relating to notice of utility rate increases. (Companion: HB 1801 by Menendez) Would amend Utilities Code Sec. 104.103(b). Allows a gas utility to provide notice of a rate increase to the public in an area outside the affected municipality or in a municipality with a population of less than 2,500 to remove the geographic and population restrictions and to add sending the notice by e-mail to each directly affected customer, if that address is available, to the methods of notice that provide an alternative to publishing the notice in a newspaper.
82_R SB 1167 (read bill) Carona, R-Dallas (House sponsor Hernandez Luna) PASSED: effective 9/1/2011 public notice support 2 Relating to cemeteries and perpetual care cemetery corporations. (Companion: HB 2495 by Hernandez Luna) Amends Health ad Safety Code chapters 711 and 712. Under Sec. 712.018, SURRENDER OF CERTIFICATE OF AUTHORITY; FEE, see: "(c) The certificate holder shall publish a notice of intention to surrender a certificate of authority to operate a perpetual care cemetery one time in a newspaper of general circulation in each county in which the cemetery is located. ..."
82_R SB 1191 (read bill) Gallegos, D-Galena Park DEAD: April 19 left pending Senate Criminal Justice First Amendment oppose 1 Relating to the criminal registration procedure for a convicted arsonist. (Companion: HB 3598 by Huberty) Would amend Code of Criminal Procedure by adding CHAPTER 62(A).001 ARSONIST REGISTRATION PROGRAM. See Art. 62(A).062. LIMITATION ON NEWSPAPER PUBLICATION, a prior restraint on law enforcement. "(a) Except as provided by Subsection (b), a local law enforcement authority may not publish notice in a newspaper or other periodical or circular concerning a person's registration under this chapter if the only basis on which the person is subject to registration is one or more adjudications of delinquent conduct." This bill appears to be in conflict with the First Amendment on "prior restraint" grounds.
82_R SB 1212 (read bill) Van de Putte, D-San Antonio DEAD: March 16 referred to Senate State Affairs public notice support 2 Relating to the operation of video gaming by authorized organizations and commercial operators that are licensed to conduct bingo or lease bingo premises. (Companion: HB 2424 by Thompson) Would amend Occupations Code by adding CHAPTER 2001A, VIDEO GAMING BY LICENSED AUTHORIZED ORGANIZATIONS AND LICENSED COMMERCIAL LESSORS. On page 49 of this 69-page bill is a positive public notice requirement, which says if service cannot be accomplished by personal service or certified mail, (publication will be) by daily publication for two weeks in a newspaper of general circulation in the county in which the person's last known address is located and in a newspaper of general circulation in each county in which a video gaming premises is located.
82_R SB 1232 (read bill) Estes, R-Wichita Falls PASSED: see companion HB 1840 public notice support 2 Relating to the creation of the grain producer indemnity fund. (Companion: HB 1840 by Phillips) Public notice of election publication requirement in Sec. 14B.018, NOTICE OF REFERENDUM. Sec. 41.213. NOTICE OF REFERENDUM. (a) Requires the commissioner to give public notice of: (1) the date, hours, and polling places for voting in the referendum conducted under Section 41.212; (2) the estimated amount of the assessment proposed to be collected, as determined by the board, and the basis for which the assessment will be collected; and (3) a description of the manner in which the assessment is to be collected and the proceeds administered and used. (b) Requires the commissioner to publish the notice under Subsection (a) in one or more statewide or regional newspapers that provide reasonable notice throughout the state. Requires the notice to be published at least 60 days before the date of the referendum. Requires the commissioner, in addition, at least 60 days before the date of the referendum, to give direct written notice to the county agent in each county of this state.
82_R SB 1234 (read bill) West, D-Dallas (House sponsor Dutton) PASSED: effective 9/1/2011 public information monitor 3 Relating to municipal management districts. Amends Local Government Code Chapter 375, Municipal Management Districts. SECTION 17 transfers authority regarding competitive bidding requirements to Water Code chapter 49, which specifies for contracts over $50,000 the board shall advertise the letting of the contract including the general conditions, time, and place of opening of sealed bids. The notice shall be published in one or more newspapers circulated in each county in which part of the district is located. For contracts of not more than $25,000, the board is not required to advertise or seek competitive bids.
82_R SB 1245 (read bill) Zaffirini, D-Laredo DEAD: March 16 referred to Senate State Affairs public notice support 2 Relating to local option elections to legalize or prohibit the operation of eight-liners and the imposition of a fee on eight-liner owners. Includes public notice of application for petition.
82_R SB 1270 (read bill) Wentworth, R-San Antonio (House sponsor Hunter) DEAD: May 20 reported favorably House State Affairs public information oppose 2 Relating to the public information law. A clean-up bill that affects five sections of the Public Information Act. Among those, would add (at the request of the attorney general's office) Sec. 552.153, EXCEPTION: BANK SECRECY ACT REPORTS. New language: (a) Information is confidential and not subject to disclosure under this chapter if the information: (1) was obtained by a governmental body for a law enforcement purpose; and (2) is a report required by the Bank Secrecy Act (31 U.S.C. Section 5311 et seq.) or is derived from a report required by the Bank Secrecy Act. The U.S. Bank Secrecy Act regards money laundering, cash transactions of $10,000 or more.
82_R SB 1299 (read bill) Duncan, R-Lubbock (House sponsor Hartnett) PASSED: see companion HB 2759 public notice monitor 3 Relating to the nonsubstantive revision of provisions of the Texas Probate Code relating to durable powers of attorney, guardianships, and other related proceedings and alternatives, and the redesignation of certain other provisions of the Texas Probate Code, including conforming amendments and repeals. (Companion: HB 2759 by Hartnett) Preserves various public notice publication requirements in Probate Code.
82_R SB 1303 (read bill) West, D-Dallas (House sponsor Fletcher) PASSED: effective 9/1/2011 public notice monitor 3 Relating to nonsubstantive additions to and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 81st Legislature. (Companion: HB 2657 by Tracy King) Contains revised election-notice-by-newspaper publication requirements for three governmental bodies: Martin County Hospital District, Runnels County Hospital District, North Wheeler County Hospital District.
82_R SB 1304 (read bill) Rodriguez, D-El Paso DEAD: March 16 referred to Senate Education 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 requiring universities to disclose contracts for research conducted by outside institutions.
82_R SB 1306 (read bill) Hegar, R-Katy DEAD: April 26 left pending Senate Natural Resources public notice support 2 Relating to the procedures for and appeals of desired future conditions adopted by groundwater management areas. Contains web and courthouse public notice posting requirement.
82_R SB 1327 (read bill) Watson, D-Austin (House sponsor D. Howard) PASSED: effective 5/28/2011 public information monitor 3 Relating to the confidentiality of information obtained by a compliance office of an institution of higher education. (Companion: HB 3591 by D. Howard) Amends Education Code Sec. 51.971 so information is excepted from disclosure under the Public Information Act if it is collected or produced: (1) in a compliance program investigation and releasing the information would interfere with an ongoing compliance investigation; or (2) by a systemwide compliance office for the purpose of reviewing compliance processes at a component institution of higher education of a university system. "Compliance program" means a process to assess and ensure compliance by the officers and employees of an institution of higher education with applicable laws, rules, regulations, and policies, including matters of: (A) ethics and standards of conduct; (B) financial reporting; (C) internal accounting controls; or (D) auditing.
82_R SB 1354 (read bill) Carona, R-Dallas DEAD: April 27 left pending Senate Intergovernmental Relations public notice support 2 Relating to the regulation of off-premise signs in the unincorporated area of a county. (Companion: HB 1360 by Coleman) Would amend Local Government Code Chapter 240. Requires notice of public hearing on proposal to regulate placement of off-premise signs.
82_R SB 1361 (read bill) Estes, R-Wichita Falls (House sponsr Hardcastle) PASSED: effective 8/29/2011 public information oppose 1 Relating to the audit report exemption for districts created pursuant to the Water Code. Amends Water Code Sec. 49.198, AUDIT REPORT EXEMPTION. Increases reporting threshold from $100,000 in current law to $250,000.
82_R SB 1420 (read bill) Hinojosa, D-McAllen (House sponsor Harper-Brown) PASSED: effective 6/17/2011 and other dates public notice oppose 1 Relating to the continuation and functions of the Texas Department of Transportation. (Companion: HB 2675 by Harper-Brown) TxDOT Sunset bill. In SECTION 18 of the filed version of the bill, under Sec. 223.002, NOTICE OF BIDS, kills public notice published in newspaper of time and place at which bids on a contract will be opened and the contract awarded. House Floor amendment Sec. 223.002 (b) of House Committee Substitute retains newspaper notice, such that "The notice must be published in a newspaper published in the county in which the improvement is to be made and, at a minimum, must provide the address of an Internet website on which information regarding bids may be located." But, conference committee voted 9 ayes to 1 nay to adopt version that kills public notice published in newspaper. SENATE CONFEREES: Hinojosa, Nelson, Hegar, Nichols and Williams. HOUSE CONFEREES: Harper-Brown, Phillips, Pickett, Bonnen, McClendon.
82_R SB 1422 (read bill) Nelson, R-Flower Mound (House sponsor Solomons) PASSED: effective 9/1/2011 public notice support 2 Relating to coordinated county transportation authorities. (Companion: HB 2884 by Solomons) Amends Transportation Code. Under Sec. 460.604, HEARING, is this publication requirement: (a) Before adopting an ordinance designating a public transportation financing area, the municipality must hold a public hearing on the creation of the area and its benefits to the municipality and to property in the proposed area. At the hearing, an interested person may speak for or against the designation of the area. (b) Not later than the seventh day before the date of the hearing, notice of the hearing must be published in a newspaper having general circulation in the municipality.
82_R SB 1434 (read bill) Carona, R-Dallas (House sponsor Geren) PASSED: effective 6/17/2011 public information monitor 3 Relating to certain low-income weatherization programs. Bill refers to reports Public Utility Commission must produce as part of auditing requirements.
82_R SB 1438 (read bill) Van de Putte, D-San Antonio (H-sponsor Hopson) PASSED: effective 6/17/2011 public information oppose 2 Relating to the program for impaired pharmacists and disciplinary proceedings conducted by the Texas State Board of Pharmacy. SECTION 2 of the bill amends Occupations Code Sec. 564.002, CONFIDENTIALITY. Provides that a record or proceeding regarding a disciplinary action is not subject to disclosure, subpoena, or discovery, except to a member of Texas State Board of Pharmacy or an authorized agent of the board.
82_R SB 1445 (read bill) Zaffirini, D-Laredo DEAD: May 4 referred to House Elections public information support 2 Relating to the contents of reports of political contributions and expenditures. Would amend Election Code Section 254.031 by requiring reports to include the purchase price of an investment purchased during the reporting period with money received as a political contribution or as interest earned on political contributions; and a statement of whether a sale was made, and the amount of any proceeds received from the sale, during the reporting period of an investment purchased with money received as a political contribution or as interest earned on political contributions. Also would amend Election Code 254.0611, for candidates for judicial office, by striking this language: "(1) [the total amount of political contributions, including interest or other income, maintained in one or more accounts in which political contributions are deposited as of the last day of the reporting period."
82_R SB 1455 (read bill) Carona, R-Dallas DEAD: March 22 referred to Senate Business and Commerce public information support 2 Relating to the protection of trade secrets. Would amend Insurance Code Sec. 2251.107, PUBLIC INSPECTION OF INFORMATION. Transparency requirement: "Each filing made, and any supporting information filed, under this chapter is: (1) public information; and (2) subject to the provisions of Chapter 552, Government Code. (Pertains to rate information.)
82_R SB 1472 (read bill) Shapiro, R-Dallas DEAD: May 2 referred to House Economic and Small Business Development public information support 2 Relating to the coordinated dissemination of online information regarding the operation and performance of certain for-profit educational entities. Would amend Education Code by adding Sec. 61.0778, ONLINE INFORMATION REGARDING CERTAIN FOR-PROFIT EDUCATIONAL ENTITIES. Requires publicly accessible posting of information.
82_R SB 1473 (read bill) Hinojosa, D-McAllen DEAD: March 22 referred to Senate Criminal Justice public information oppose 2 Relating to the expunction of records and files relating to a person's arrest. (Companion: HB 2889 by Madden) Would amend Code of Criminal Procedure Art. 55 by expanding the circumstances under which a person was entitled to ask to have a criminal record expunged to include if a prosecutor declined to prosecute the offense and did not object to an expunction after receiving notice of a request for expunction of all records and files relating to an arrest.
82_R SB 1488 (read bill) West, D-Dallas DEAD: May 4 referred to House Higher Education public notice support 2 Relating to the purchasing and contracting practices of junior college districts. Would amend Education Code by adding Sec. 130.0104, POLICY AND REPORT REGARDING HISTORICALLY UNDERUTILIZED BUSINESSES. Requires junior college districts to publish in a newspaper of general circulation an annual report of total number and total value of contracts awarded by the district in the preceding fiscal year and number and total value of those contracts awarded to historically underutilized businesses. Also, public notice required under Sec. 130.258, NOTICE: (a) Except as otherwise provided by this subchapter, for any method of contracting selected under Section 130.253(a), the district shall, within a seven-day period, publish the notice required by this section in at least two issues of any newspaper of general circulation in the county in which the district's central administrative office is located. The deadline for receiving bids or proposals may not be less than 10 business days after the date of the publication of the first newspaper notice. The deadline for receiving responses to a request for qualifications may not be less than five business days after the date of the publication of the last newspaper notice.
82_R SB 1558 (read bill) Carona, R-Dallas PASSED: see companion HB 679 public notice oppose 2 Relating to change order approval requirements for certain political subdivisions of the state. (Companion: HB 679 by Button) Would amend Local Government Code Chapter 252 so that the governing body of a municipality may grant authority to an official or employee responsible for purchasing or for administering a contract to approve a change order that involves an increase or decrease of $50,000 or less. Also would amend Local Government Code Chapter 325, Chapter 351 and Water Code Chapter 49 allowing the same authority regarding change orders in contracts.
82_R SB 1565 (read bill) Ellis, D-Houston / Eltife, R-Tyler PASSED: see companion HB 2973 anti-SLAPP support 1 Relating to encouraging public participation by citizens by protecting a person's right to petition, right of free speech, and right of association from meritless lawsuits arising from actions taken in furtherance of those rights. (Companion: HB 2973 by Hunter) This is the "anti-SLAPP" bill addressing Strategic Lawsuits Against Public Participation: frivolous lawsuits filed against one who speaks out about a matter of public concern (including the newspaper, broadcaster or Internet provider who published the speech). If the anti-SLAPP bill passes, SLAPP suits could be addressed with an expedited motion to dismiss. The bill also (1) provides for dismissal of cases in first 60 days. (2) creates a stay of discovery while the anti-SLAPP motion is pending and/or appealed. No expensive depositions or written discovery while the court evaluates whether the claim is valid. (3) provides for fee shifting when one wins an Anti-SLAPP motion, so that the person who wrongfully sued has to pay the cost of the defense. (4) provides for an immediate right to appeal if the motion is denied. (5) would save hundreds of thousands of dollars to Texas newsrooms and Internet providers from defense costs spent, on deductibles spent, on increased insurance premiums, and on the time and energy taken away from the business at hand while an unmeritorious lawsuit is pending.
82_R SB 1571 (read bill) Watson, D-Austin DEAD: May 12 on Senate Intent Calendar public information support 1 Relating to information subject to the public information law. Would amend Public Information Act, Government Code Chapter 552, by revising definition of "public information"; "administer"; "public function"; "public funds". Also, SECTION 3 of the bill amends the act by adding Sec. 2252.907, CONTRACTS INVOLVING EXCHANGE OR CREATION OF PUBLIC INFORMATION. According to the bill analysis, since the Public Information Act became law in 1973, the state has privatized many critical public services in an effort to be efficient and cost-sensitive. Private or nonprofit organizations that provide a public function do not constitute a governmental body. The information they process is not owned or maintained by a governmental body; therefore, the information falls outside the purview of the Public Information Act. This violates the original intent of the statute and the statute should be amended to reflect current practices.
82_R SB 1588 (read bill) Ogden, R-Bryan (House sponsor Pitts) PASSED: effective 5/29/2011 business-related oppose 1 Relating to the creation and re-creation of funds and accounts in the state treasury, the dedication and rededication of revenue, and the exemption of unappropriated money from use for general governmental purposes. (Companion: HB 3644 by Pitts) House floor amendment No. 4 by Fred Brown (adopted by House on May 24) would amend Government Code Chapter 2054 Subchapter C to allow a state agency to contract with a private entity to lease advertising space on the agency's official electronic Internet portal. This amendment matches the language of Brown's HB 682. House adopted conference report 132-13; Senate adopted conference report 31-0.
82_R SB 1595 (read bill) Wentworth, R-San Antonio DEAD: March 23 referred to Senate Natural Resources public notice support 2 Relating to species protection for the Edwards Aquifer, the Guadalupe River Basin, the San Antonio River Basin, and the San Antonio Bay and estuary system. (Companion: HB 2760 by Garza) Would amend Tax Code by adding CHAPTER 328, EDWARDS AQUIFER, GUADALUPE RIVER BASIN, SAN ANTONIO RIVER BASIN, AND SAN ANTONIO BAY AND ESTUARY SYSTEM SPECIES-PROTECTION SALES AND USE TAXES. Public notice of election required by Sec. 328.102, NOTICE OF ELECTION. Notice is in addition to notice required by Election Code 4.003(c).
82_R SB 1596 (read bill) Wentworth, R-San Antonio (House sponsor Isaac) PASSED: effective 6/17/2011 public notice support 2 Relating to changes in participation in public utility agencies. (Companion: HB 3620 by Isaac) Amends Local Government Code Sec. 572.054 by adding a requirement for the governing body of each public entity that participates in the creation of a public utility agency to publish notice of its intention to create the agency, in a newspaper of general circulation in the county in which the entity is located, rather than domiciled.
82_R SB 1597 (read bill) Wentworth, R-San Antonio DEAD: March 23 referred to Senate Intergovernmental Relations public notice monitor 3 Relating to competitive bid requirements for public utility agencies that award construction contracts. (Companion: HB 3344 by Issac) Would amend Local Government Code 572.059, PUBLIC UTILITY AGENCIES FOR PROVISION OF WATER OR SEWER SERVICE, CONSTRUCTION CONTRACTS, by increasing the competitive bidding threshold to $50,000 from $20,000.
82_R SB 1609 (read bill) Carona, R-Dallas DEAD: April 13 deleted from hearing in Senate Intergovernmental Relations public information support 2 Relating to fees charged for the management and preservation of the county clerk's records. Would amend Local Government Code Chapter 118.025 by requiring that fee setting be done in an annual public hearing during a county's budget process. Retains current law requirement for commissioners court to 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.
82_R SB 1613 (read bill) Ogden, R-Bryan (House Sponsor Fred Brown) PASSED: effective 6/17/2011 open meetings monitor 3 Relating to public meetings and information disclosure exemptions for public power utilities. Amends Public Information Act, Government Code Sec. 552.133, EXCEPTION: PUBLIC POWER UTILITY COMPETITIVE MATTERS by revising definition of "competitive matters." Open government advocates interpret this as a pro-transparency bill.
82_R SB 1638 (read bill) Wendy Davis, D-Fort Worth (House sponsor Geren) PASSED: effective 6/17/2011 public information oppose 2 Relating to the exception of certain personal information from required disclosure under the public information law. Amends several sections in the Public Information Act, Government Code Chapter 552, creating exceptions to disclosure for a public employee's emergency contact information (552.024, 552.117, 552.1175), out-of-state or foreign driver's license information (552.130) and employee identification badge information / photocopy of badge (552.139).
82_R SB 1652 (read bill) Watson, D-Austin DEAD: May 16 referred to House State Affairs public information support 2 Relating to the implementation of new technology and new processes for the purposes of budget transparency, fiscal responsibility, and open government. Would amend Government Code Chapter 322 by requiring web posting of fees and information used to develop the state budget.
82_R SB 1653 (read bill) Watson, D-Austin DEAD: March 23 referred to Senate Finance public information support 2 Relating to the format of the general appropriations bill. (Companion: HB 2804 by Cain) SECTION 1 of the bill would amend Government Code Sec. 322.008 by adding Subsection (b-1) to read as follows: (b-1) The general appropriations bill must, for each state agency or other entity to which an appropriation is proposed under the bill: (1) include a line item for each specific program or activity administered by the agency or entity or by an organizational unit of the agency or entity, organized according to the agency's, entity's, or unit's organizational structure, except that if a specific program or activity administered by the agency, entity, or unit includes identifiable components or subprograms, the bill must include a line item for each of those components or subprograms; (2) specify the amount of the proposed appropriation for each line item; and (3) include, for each line item that represents a specific program or activity or, if applicable, each group of line items representing the components or subprograms of a specific program or activity: (A) a description of the program or activity and a citation to the authorization in law for the program or activity; and (B) a statement regarding whether the source of the proposed appropriation is nondedicated general revenue money, dedicated general revenue money, federal money, or another source. SECTION 2. This Act takes effect September 1, 2011.
82_R SB 1667 (read bill) Duncan, R-Lubbock (House sponsor Truitt) PASSED: effective 9/1/2011 public information oppose 1 Relating to the administration of and benefits payable by the Teacher Retirement System of Texas and to certain domestic relations orders. (Companion: HB 3354 by Truitt) SECTION 4 of the bill amends Public Information Act, Subchapter C, Chapter 552, Government Code, by adding Sec. 552.153, EXCEPTION: NAME OF APPLICANT FOR EXECUTIVE DIRECTOR, CHIEF INVESTMENT OFFICER, OR CHIEF AUDIT EXECUTIVE OF TEACHER RETIREMENT SYSTEM OF TEXAS. Carves out exception for the name of an applicant for the position of executive director, chief investment officer, or chief audit executive of the Teacher Retirement System of Texas, except that the board of trustees of the Teacher Retirement System of Texas must give public notice of the names of three finalists being considered for one of those positions at least 21 days before the date of the meeting at which the final action or vote is to be taken on choosing a finalist for employment." SECTION 3 of the bill amends Texas Open Meetings Act, Subchapter F, Chapter 551, Government Code, by adding Sec. 551.130. BOARD OF TRUSTEES OF TEACHER RETIREMENT SYSTEM OF TEXAS; TELEPHONE CONFERENCE CALL. Allows board of trustees of the Teacher Retirement System of Texas to meet via conference call if a quorum of the board is physically present at a single location that is open to the public during any open portion of the meeting. (This conforms with other teleconferencing allowances in the Open Meetings Act.)
82_R SB 1691 (read bill) Lucio, D-Brownsville DEAD: March 23 referred to Senate International Relations and Trade open meetings support 2 Relating to the establishment of the rural housing land assemblage program. Would amend Local Government Code by adding CHAPTER 394A, RURAL HOUSING LAND ASSEMBLAGE PROGRAM. Includes transparency provision under Sec. 394A.007, PUBLIC HEARING ON PROPOSED PLAN. (a) Before adopting a plan, a rural housing land assemblage entity shall hold a public hearing on the proposed plan.
82_R SB 1720 (read bill) Duncan, R-Lubbock DEAD: May 5 deleted from hearing in Senate Finance public information oppose 1 Relating to state fiscal matters. (Companion: HB 2022 by Pitts) Would amend Government Code regarding state purchasing and procurement for state agencies. SECTION 2.02 of the bill amends Government Code Sec. 403.304, COOPERATION WITH COMPTROLLER; CONFIDENTIALITY, by adding information filed in connection with a property tax protest lodged by a school district or property owner. Also, at end of bill, repealer would kill Government Code Sec. 2156.002, which is worded in current law as follows: "SOLICITATION OF BIDS THROUGH PUBLIC NOTICE. (a) A notice inviting bids shall be published at least once in at least one newspaper of general circulation in the state not later than the seventh day before the last day set for the receipt of bids. (b) The notice must: (1) include a general description of the items to be purchased; (2) state the location at which bid forms and specifications may be obtained; and (3) state the time and place for opening bids."
82_R SB 1722 (read bill) Hinojosa, D-McAllen DEAD: March 23 referred to Senate Jurisprudence public information oppose 1 Relating to the confidentiality of certain information pertaining to the State Commission on Judicial Conduct. Would amend Government Code Sec. 33.032 by adding subsection (i) as follows: "The discussions, thought processes, or individual votes of members of the commission, the discussions or thought processes of employees of the commission, including special counsel for the commission, and the identity of a confidential complainant or informant are confidential and privileged unless expressly waived, in writing, by the commission or, in the case of a confidential complainant or informant, by that individual or the legal representative of the individual."
82_R SB 1741 (read bill) Fraser, R-Marble Falls DEAD: April 20 on Senate Intent Calendar open meetings support 2 Relating to tree mitigation fees imposed by municipalities. Would amend Local Government Code by adding SUBCHAPTER H. MUNICIPAL TREE MITIGATION FEE. This subchapter applies to a municipality that requires as a condition for approval of a permit that an applicant pay the municipality or a third party a tree mitigation fee. Includes public hearing requirement under Sec. 212.194, HEARING ON APPEAL TO MUNICIPALITY.
82_R SB 1774 (read bill) Williams, R-The Woodlands DEAD: March 23 referred to Senate Finance public notice support 2 Relating to the procedure for the adoption of an ad valorem tax rate. Would amend the tax rate calculation formula in Tax Code Chapter 26. Under paragraph (e-1) "The comptroller shall post the information provided under Subsection (e)(1) on the comptroller's Internet website not later than the seventh day after the date the comptroller receives the information. The taxing unit shall publish the information in a local newspaper of general circulation in the taxing unit in a format prescribed by the comptroller, which must include a toll-free telephone number for the public to call for answers to technical questions concerning the calculation of the tax rates by taxing units."
82_R SB 1821 (read bill) Ellis, D-Houston DEAD: March 24 referred to Senate Health and Human Services open meetings support 2 Relating to the creation of the Texas HIV Medication Advisory Committee. Would amend Health and Safety Code by adding SUBCHAPTER K. TEXAS HIV MEDICATION ADVISORY COMMITTEE. Requires that each committee meeting must be announced and conducted in accordance with Texas Open Meetings Act, Government Code Chapter 551, except that the provisions allowing executive sessions do not apply to the committee.
82_R SB 1822 (read bill) Patrick, R-Houston DEAD: March 24 referred to Senate Higher Education public notice support 2 Relating to the administration of certain supplemental student loan programs and the issuance of private activity bonds by qualified nonprofit corporations. (Companion: HB 2912 by Branch) Would amend Education Code Chapter 53B by adding SUBCHAPTER D, ADMINISTRATION OF SUPPLEMENTAL LOAN PROGRAMS AND ISSUANCE OF PRIVATE ACTIVITY BONDS BY QUALIFIED NONPROFIT CORPORATIONS. Includes notice and public hearing on proposed supplemental program.
82_R SB 1826 (read bill) Gallegos, D-Galena Park DEAD: May 16 referred to House State Affairs open meetings support 1 Relating to the definition in the open meetings law of the term "deliberation." Would amend Texas Open Meetings Act, Government Code Chapter 551, by changing definition of "deliberation" to mean an exchange, whether oral or written, between a quorum of a governmental body, or between a quorum of a governmental body and another person, concerning an issue within the jurisdiction of the governmental body or any public business. The term includes an e-mail, letter, or other written communication that: (A) is produced by or originates from a member of the governmental body; (B) is circulated among a quorum of the governmental body; and (C) concerns an issue within the jurisdiction of the governmental body or any public business.
82_R SB 1829 (read bill) Wentworth, R-San Antonio DEAD: May 11 referred to House State Affairs public information support 2 Relating to excluding certain entities from the definition of a governmental body for the purposes of the public information law. Committee substitute would amend Public Information Act, Government Code Sec. 552.003, DEFINITIONS, so the term "governmental body" includes a chamber of commerce or a nonprofit corporation that provides economic development services to a governmental body.
82_R SB 1852 (read bill) Gallegos, D-Galena Park DEAD: March 24 referred to Senate Subcommittee on Floods and Evacuations public notice support 2 Relating to the recovery and storage of vessels following natural disasters. Would amend Occupations Code by adding CHAPTER 2353, VESSEL RECOVERY AND STORAGE. Includes public notice provisions: Sec. 2353.053, REQUIREMENTS FOR NOTICE BY PUBLICATION; and Sec. 2353.054, SECOND NOTICE; CONSENT TO SALE.
82_R SB 1874 (read bill) Zaffirini, D-Laredo DEAD: March 24 referred to Senate Higher Education public information support 2 Relating to requiring a public institution of higher education to make certain faculty information available to the public on the institution's Internet website. (Companion: HB 3516 by Branch) Would amend Education Code by adding Sec. 51.9745, INTERNET ACCESS TO FACULTY INFORMATION. Requires public posting of information such as: (1) student/faculty ratio; (2) the percentage of all full-time equivalent faculty members with teaching responsibility who are tenured or tenure track; (3) the percentage of semester credit hours taken by students classified as freshmen or sophomores that are taught by tenured and tenure track faculty members; (4) the number of faculty members in each of the following faculty ranks, including a breakdown for each rank showing the numbers of faculty members by race, ethnicity, and gender.
82_R SB 1904 (read bill) Wentworth, R-San Antonio DEAD: May 19 left pending Senate Select Committee on Open Government open meetings support 1 Relating to the definition of a governmental body for the purposes of the open meetings and public information laws. Would amend Texas Open Meetings Act, Government Code Sec. 551.001(3), definition of a governmental body, to include a private or independent institution of higher education, as defined by Section 61.003, Education Code, that has contracted with the Texas Higher Education Coordinating Board under Subchapter D, Chapter 61, Education Code. (In May 12 committee hearing, Open Records Chief Amanda Crawford, Office of the Texas Attorney General, said current law makes institutions that receive public money subject to financial disclosure.)
82_R SB 1906 (read bill) Wentworth, R-San Antonio DEAD: May 17 recommended for House Local and Consent Calendar open meetings monitor 3 Relating to certain notice requirements for municipalities and counties under the open meetings law. Would amend Texas Open Meetings Act, Government Code Sec. 551.0415, so that a quorum of the governing body of a municipality or county may receive from staff of the political subdivision 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.
82_R SB 1907 (read bill) Wentworth, R-San Antonio (House sponsor Geren) PASSED: effective 9/1/2011 public information monitor 3 Relating to access to certain archaic information. Amends Texas Public Information Act, Government Code Chapter 552, by adding Sec. 552.0215, RIGHT OF ACCESS TO CERTAIN INFORMATION AFTER 75 YEARS. "(a) Except as specifically provided by other law, including another provision of this chapter, information that is not confidential but is excepted from required disclosure under Subchapter C is public information and is available to the public on or after the 75th anniversary of the date the information was originally created or received by the governmental body. (b) This section does not limit the authority of a governmental body to establish retention periods for records under applicable law."
82_R SB 1923 (read bill) Wentworth, R-San Antonio DEAD: May 19 left pending Senate Select Committee on Open Government public information oppose 1 Relating to providing that certain travel vouchers submitted by peace officers assigned to a protective detail are confidential. (Companion: HB 3131 by Geren) Would amend Government Code by adding Sec. 660.2035, CONFIDENTIALITY OF CERTAIN PEACE OFFICER VOUCHERS. "(a) A voucher submitted or to be submitted under Section 660.027 is confidential and may not be disclosed under Chapter 552 if: (1) the voucher is submitted or is to be submitted for payment or reimbursement of a travel expense incurred by a peace officer who is assigned to provide protection for an elected official of this state or a member of the elected official's family; and (2) the travel expense was incurred by the peace officer in providing protection for the elected official or family. (b) A state agency that submits a voucher described by Subsection (a) shall provide to a person, on request, a summary of the amounts paid or reimbursed by the comptroller in response to the voucher and a summary of any goods and services acquired for which a travel expense is claimed under the voucher."