TCC High Priority Bills: The following high priority bills passed during the last week of Session:

• HB 3 (Puente, D-San Antonio), relating to the management of the water resources of the state, including the protection of instream flows and freshwater inflows.  The bill includes the Edwards Aquifer language by Senator Hegar (R-Katy) that TCC supported throughout session.  Specifically, Senator Hegar’s language eliminates the buy-down for downstream water right holders on the Guadalupe River and establishes downstream industry representation on the steering committee to review pumping from the Edwards Aquifer.
• HB 1526 (W. Smith, R-Baytown), which directs TCEQ to establish a voluntary program for use of alternative leak detection technologies, such as the IR Camera.
• HB 3693 (Straus, R-San Antonio), the energy efficiency bill that allows the state to move forward with energy efficiency initiatives without additional requirements on industry.  The bill includes language by Senator Fraser (R-Marble Falls) that requires PUC oversight of a transaction involving the transfer of an electric utility or transmission and distribution utility under certain circumstances.
• SB 3 (Averitt), the development, management, and preservation of the water resources of the state.  The bill also includes the Edwards Aquifer language by Senator Hegar (R-Katy) that TCC supported throughout session.  Specifically, Senator Hegar’s language eliminates the buy-down for downstream water right holders on the Guadalupe River and establishes downstream industry representation on the steering committee to review pumping from the Edwards Aquifer.
• SB 12 (Averitt, R-Waco), relating to air quality, TERP and LIRAP.  The bill includes TCC’s Title V amendment, which was added in the House by Chairman Bonnen (R-Angleton).

Summary of Last Week’s Events

Monday, May 21

• House Deadline: by 9:00 a.m., the last House Local and Consent Calendar with Senate bills were printed and distributed.
• The House concurred on Senate amendments for HB 1602 (Van Arsdale, R-Houston), relating to venue in civil actions under the Jones Act.  TCC supports this bill.
• The Senate passed HB 3011 (W. Smith), relating to the creation of ship channel security districts by certain populous counties.  TCC was monitoring this bill.
• The Senate refused to concur on the House amendments to SB 12 (Averitt) and appointed the following conferees: Averitt, Brimer (R-Fort Worth), Watson (D-Austin), Duncan (R-Lubbock), and Eltife (R-Tyler).  This is a TCC high priority bill.

Tuesday, May 22

• House Deadline: last day for the House to consider Senate bills and joint resolutions on Second Reading.
• The Senate passed the following:
• HB 2 (Chisum, R-Pampa), relating to making appropriations to the Texas Education Agency for the purpose of school district property tax rate deductions.  TCC was monitoring this bill.
• HB 13 (Swinford, R-Amarillo), relating to homeland security issues, including border security issues and homeland security staffing requirements.  TCC was monitoring this bill.
• HB 1386 (P. King, R-Weatherford), relating to regulation of the decommissioning costs of certain nuclear-powered commercial electric generation units.  TCC supports this bill as amended.
• HB 1680 (Swinford), relating to the requirement payment of taxes by property owners who appeal certain ad valorem tax determinations.  TCC amended this bill to address industry concerns.
• HB 2714 (Bonnen), relating to a program for the recycling of computer equipment of consumers in this state.  TCC supports this bill.
• HB 3485 (S. King, R-Abilene), relating to career and technology education.  TCC supports this bill.
• HB 3732 (Hardcastle, R-Vernon), relating to implementing ultraclean energy projects in this state.  TCC had concerns with many amendments accepted in the Senate version of the bill and worked with other interested parties on amendments to this bill.
• The Governor signed into law SB 1673 (Averitt), relating to the renewal of certain air quality permits.  TCC supports this bill.

Wednesday, May 23

• House Deadline: last day for the House to consider local and consent Senate bills on Second and Third Reading and all Senate bills and resolutions on Third Reading.
• The House passed the following: 
• SB 3 (Averitt), relating to the development, management, and preservation of the water resources of the state.  This bill now includes the Edwards Aquifer legislation (SB 1341 by Hegar) that TCC supports, which eliminates the buy-down for downstream water right holders on the Guadalupe River.
• SB 11 (Carona, R-Dallas), relating to homeland security.  TCC was monitoring this bill.
• The House concurred on Senate amendments to HB 3011 (W. Smith), relating to the creation of ship channel security districts by certain populous counties.  TCC was monitoring this bill on behalf of EHCMA members.
• The House appointed the following conferees:
• HB 3928 (Keffer, R-Eastland), relating to technical changes to the revised franchise tax.  The House appointed the following conferees: Keffer, Chisum, Pena (D-Edinburg), Otto (R-Dayton), Smithee (R-Amarillo).
• Senate Deadline: last day for the Senate to consider all bills and joint resolutions on Second or Third Reading.
• The Senate passed the following:
• HB 3 (Puente), relating to the management of the water resources of the state, including the protection of instream flows and freshwater inflows.  This bill includes the Edwards Aquifer legislation (SB 1341 by Hegar) that TCC supports, and this is a TCC high priority bill.
• HB 4 (Puente), relating to water conservation.  TCC supports this bill.
• HB 15 (Chisum), relating to making supplemental appropriations and reductions in appropriations.  TCC was monitoring this bill.
• HB 160 (Menendez, D-San Antonio), relating to a study on the relocation of freight trains away from residential areas of the state.  TCC opposed this bill, but supported the Averitt amendment, which limits the use the TERP funding for rail relocation, that was added to this bill in the Senate.
• HB 1207 (Keffer), relating to corrections to the revised franchise tax transition provisions of House Bill No. 3, 79th Legislature, 3rd Called Session, 2006.  TCC was monitoring this bill.
• HB 1254 (Bonnen), relating to environmental permitting fees and electronic reporting.  TCC supports this bill.
• HB 1526 (W. Smith), relating to incentives for and the use of alternative leak detection technologies for air contaminants.  This is a TCC high priority bill, and TCC worked with other parties to negotiate the Senate amendments to this bill.
• HB 2703 (Woolley, R-Houston), relating to interference with the duties of a public health professional.  TCC negotiated an amendment to this bill that ensures that inspectors will comply with the safety and security policies of the site being investigated.
• HB 2713 (Bonnen), relating to an interim study concerning the state's demand for electric generation capacity, the development of a long-term energy plan, and the effects on the environment of electric generating facilities.  TCC supports this bill.
• HB 3693 (Straus), relating to energy demand, energy load, energy efficiency incentives, energy programs, and energy performance measures.  This is a TCC high priority bill.
• The Governor signed into law SB 484 (Fraser), relating to the powers, duties, and composition of the electric utility restructuring legislative oversight committee.  TCC supports this bill.

Thursday, May 24

• House Deadline: Senate amendments must be printed and distributed in the House.
• The House concurred with Senate amendments on the following:
• HB 2 (Chisum), relating to making appropriations to the Texas Education Agency for the purpose of school district property tax rate deductions.  TCC was monitoring this bill.
• The House appointed conferees for the following:
• HB 3732 (Hardcastle, R-Vernon), relating to implementing ultraclean energy projects in this state.  Conferees: Hardcastle, Darby (R-San Angelo), Deshotel (D-Beaumont), R. Cook (D-Eagle Lake), and Solomons (R-Carrollton).  TCC worked with other interested parties on amendments to this bill.
• SB 12 (Averitt), relating to programs for the enhancement of air quality, including energy efficiency initiatives.  Conferees: Bonnen, Driver (R-Garland), Hancock (R-North Richland Hills), Ritter (D-Nederland), and Taylor (R-League City).  The TCC amendment addressing TCC members’ Title V reporting and enforcement concerns was added to the bill in the House by Chairman Bonnen.  This is a TCC high priority bill.
• The Senate appointed conferees on the following:
• HB 3928 (Keffer), relating to technical changes to the revised franchise tax.  Conferees: Ogden (R-College Station), Fraser, Van de Putte (D-San Antonio), Lucio (D-Brownsville) and Averitt.  TCC supports this bill.
• SB 3 (Averitt), relating to the development, management, and preservation of the water resources of the state.  Conferees: Averitt, Hegar, Eltife (R-Tyler), Shapiro (R-Plano) and Hinojosa (D-McAllen).  This is a high priority TCC bill.
• The Governor signed into law HB 1602 (Van Arsdale, R-Houston), relating to venue in civil actions under the Jones Act.  TCC supports this bill.

Friday, May 25

• House Deadline: last day for the House to consider Senate amendments.
• The House concurred with Senate amendments on the following:
• HB 15 (Chisum), relating to making supplemental appropriations and reductions in appropriations.  TCC was monitoring this bill.
• HB 160 (Menendez), relating to a study on the relocation of freight trains away from residential areas of the state.  TCC opposes this bill.
• HB 1526 (W. Smith), relating to incentives for and the use of alternative leak detection technologies for air contaminants.  This is a TCC high priority bill.
• HB 1680 (Swinford), relating to the requirement payment of taxes by property owners who appeal certain ad valorem tax determinations.  TCC was monitoring this bill.
• HB 2714 (Bonnen), relating to a program for the recycling of computer equipment of consumers in this state.  TCC supports this bill.
• The House appointed conferees on the following:
• HB 3 (Puente), relating to the management of the water resources of the state, including the protection of instream flows and freshwater inflows.  Conferees: Puente, Morrison (R-Victoria), Hilderbran (R-Kerrville), Straus, and Guillen (D-San Diego).  TCC supports this bill.
• HB 4 (Puente), relating to water conservation.  Conferees: Puente, Laubenberg (R-Rockwall), Guillen (D-San Diego), Creighton (R-Conroe), and McClendon (D-San Antonio).  TCC supports this bill.
• HB 1386 (P. King), relating to regulation of the decommissioning costs of certain nuclear-powered commercial electric generation units.  Conferees: P. King, B. Brown (R-Athens), Christian (R-Center), Garcia (D-Corpus Christi), and O’Day (R-Pearland).  TCC supports this bill as amended.
• HB 3693 (Straus), relating to energy demand, energy load, energy efficiency incentives, energy programs, and energy performance measures.  Conferees: Straus, Talton (R-Pasadena), P. King, Anchia (D-Dallas), and Crabb (R-Kingwood).  This is a high priority TCC bill.
• Senate Deadline: Senate copies of conference committee reports on tax, general appropriations, and reapportionment bills must be printed and distributed.
• The Senate adopted the conference committee report for SB 482 (Fraser), relating to competition and customer choice in the retail electric market.  This is a TCC high priority bill.
• The Senate appointed conferees on the following:
• HB 3732 (Hardcastle), relating to implementing ultraclean energy projects in this state.  Conferees: Averitt, Brimer, Nichols (R-Jacksonville), Shapleigh (D-El Paso), and Nelson (R-Flower Mound).  TCC worked with other interested parties on amendments to this bill.
• SB 11 (Carona), relating to homeland security.  Conferees: Carona, Brimer, Lucio (D-Brownsville), Seliger (R-Amarillo), and Hinojosa.  TCC was monitoring this bill.
• The Governor signed into law HB 1332 (Chisum), relating to a credit or refund for taxes paid on diesel fuel used in certain manufacturing or production processes.  TCC supports this bill.

Saturday, May 26

• House Deadline: House copies of all conference committee reports must be printed and distributed.
• The House adopted conference committee reports for the following:
• HB 4 (Puente), relating to water conservation.  TCC supports this bill.
• HB 3928 (Keffer), relating to technical changes to the revised franchise tax.  TCC supports this bill.
• The House appointed conferees for the following:
• SB 3 (Averitt), relating to the development, management, and preservation of the water resources of the state.  Conferees: Puente, Laubenberg, Hartnett (R-Dallas), Hamilton (R-Mauriceville), and Callegari (R-Houston).  This is a TCC high priority bill.
• SB 11 (Carona), relating to homeland security.  Conferees: Corte, Escobar (D-Kingsville), Herrero (D-Robstown), Burnam (D-Fort Worth), and Isett (R-Lubbock).  TCC was monitoring this bill.
• Senate Deadline: all other conference committee reports must be printed and distributed.
• The Senate adopted conference committee reports for the following:
• HB 3928 (Keffer), relating to technical changes to the revised franchise tax.  TCC supports this bill.
• The Senate appointed conferees for the following:
• HB 3 (Puente), relating to the management of the water resources of the state, including the protection of instream flows and freshwater inflows.  Conferees: Averitt, Eltife, Shapiro, Hegar, and Hinojosa.  This is a TCC high priority bill.
• HB 4 (Puente), relating to water conservation.  Conferees: Averitt, Seliger, Deuell (R-Greenville), Uresti (D-San Antonio), and Nichols.  TCC supports this bill.
• HB 1386 (P. King), relating to regulation of the decommissioning costs of certain nuclear-powered commercial electric generation units.  Conferees: Fraser, Eltife, Watson, Carona and West (D-Dallas).  TCC supports this bill as amended.
• HB 3693 (Straus), relating to energy demand, energy load, energy efficiency incentives, energy programs, and energy performance measures.  Conferees: Fraser, Van de Putte (D-San Antonio), Estes (R-Wichita Falls), Shapiro and Seliger.  TCC supports this bill.

Sunday, May 27

• House Deadline: last day for the House to adopt conference committee reports.
• The House adopted conference committee reports for the following:
• HB 1 (Chisum), relating to appropriations for the 2008-2009 biennium.  TCC was monitoring this bill.
• HB 4 (Puente), relating to water conservation.  TCC supports this bill.
• Senate Deadline: last day for the Senate to concur on House amendments or adopt conference committee reports.
• The Senate adopted conference committee reports for the following:
• HB 1 (Chisum), relating to appropriations for the 2008-2009 biennium.  TCC was monitoring this bill.
• HB 3732 (Hardcastle), relating to implementing ultraclean energy projects in this state.  TCC worked with other interested parties on amendments to this bill.
• SB 3 (Averitt), relating to the development, management, and preservation of the water resources of the state.  This is a TCC high priority bill.
• SB 11 (Carona), relating to homeland security.  TCC was monitoring this bill.
• SB 12 (Averitt), relating to programs for the enhancement of air quality, including energy efficiency initiatives.  This is a TCC high priority bill.
• SB 482 (Fraser), relating to competition and customer choice in the retail electric market.  This is a TCC high priority bill.

Monday, May 28: SINE DIE

• The House adopted conference committee reports for the following:
• HB 3 (Puente), relating to the management of the water resources of the state, including the protection of instream flows and freshwater inflows.  This is a TCC high priority bill.
• HB 1386 (P. King), relating to regulation of the decommissioning costs of certain nuclear-powered commercial electric generation units.  TCC supports this bill as amended.
• HB 3693 (Straus), relating to energy demand, energy load, energy efficiency incentives, energy programs, and energy performance measures, and included language requiring PUC review of certain transactions.  This is a TCC high priority bill.
• HB 3732 (Hardcastle), relating to implementing ultraclean energy projects in this state.  TCC worked with other interested parties on amendments to this bill.
• SB 3 (Averitt), relating to the development, management, and preservation of the water resources of the state.  This is a TCC high priority bill.
• SB 11 (Carona), relating to homeland security.  TCC was monitoring this bill.
• SB 12 (Averitt), relating to programs for the enhancement of air quality, including energy efficiency initiatives.  This is a TCC high priority bill.
• The Senate adopted conference committee reports for the following: 
• HB 3 (Puente), relating to the management of the water resources of the state, including the protection of instream flows and freshwater inflows and the elimination of the buy-down for downstream water right holders on the Guadalupe River.  This is a TCC high priority bill.
• HB 4 (Puente), relating to water conservation.  TCC supports this bill.
• HB 1386 (P. King), relating to regulation of the decommissioning costs of certain nuclear-powered commercial electric generation units.  TCC supports this bill as amended.

Upcoming Activities

Sunday, June 17

• Veto Deadline: this is the last day for the Governor to either sign or veto bills that were passed within the last 10 days of the Legislative Session.  All bills that are not signed will automatically become law.

If you have any questions, or need additional information, please do not hesitate to contact me.  Thanks, Christina

Christina T. Wisdom
General Counsel & Director of Govt. Affairs
Texas Chemical Council
1402 Nueces Street
Austin, Texas 78701-1586
phone: (512) 646-6403
fax: (512) 646-6420
wisdom@txchemcouncil.org