Summary of Last Week’s Events

Monday, April 30

• The House passed the following:
• SB 483 (Fraser, R-Marble Falls), relating to the regulation of electric generation capacity ownership in the electric power market.  TCC is monitoring this bill.
• Senate Finance Committee met and heard testimony on SB 1059 (Janek, R-Houston), relating to exempting property used or consumed by a manufacturer in certain research and development activities from the sales and use tax.  The bill was left pending.  TCC registered its support for this bill.
• Senate State Affairs Committee met to consider HB 1602 (Van Arsdale, R-Houston), relating to venue in civil actions under the Jones Act.  The bill was left pending.  TCC registered its support for this bill.

Tuesday, May 1

• The House passed the following:
• HB 4 (Puente), relating to water conservation.  TCC supports this bill.
• The House appointed conferees for the following:
• SB 482 (Fraser), relating to competition and customer choice in the retail electric market: P. King (R-Weatherford), Turner (D-Houston), Miller (R-Stephenville), Straus (R-San Antonio), and Hartnett (R-Dallas).  TCC supports this bill.
• The Senate appointed conferees for the following:
•  SB 483 (Fraser), relating to the regulation of electric generation capacity ownership in the electric power market: Fraser, Harris (R-Arlington), Eltife (R-Tyler), Janek, and Averitt (R-Waco).  TCC supports this bill.
• House Environmental Regulations Committee voted out HB 3547 (Kuempel, R-Seguin), relating to the authority of a private entity to provide hazardous materials services.  TCC is monitoring this bill.
• House Business and Industry Committee heard additional testimony in HB 59 (Isett, R-Lubbock), relating to the management, security and protection of personal information and governmental records.  The bill was first heard on April 17 and was left pending.  TCC is monitoring this bill.
• Senate Natural Resources Committee heard testimony on the following bills, both of which TCC opposed.
• SB 945 (Ellis, D-Houston), relating to the Texas Global Warming Solutions Act.  The bill was left pending.
• SB 1687 (Watson, D-Austin), relating to emission reduction strategies for greenhouse gases.  The bill was voted out as substituted. 

Wednesday, May 2

• The House passed the following:
• HB 1207 (Keffer), relating to corrections to the revised franchise tax transition provisions of HB 3, 79th Legislature, 3rd Called Session, 2006.  TCC is 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.
• HB 3493 (Otto, R-Dayton), relating to the regulation of property tax professionals and appraisal review boards.  TCC is monitoring this bill.
• HB 3494 (Otto), relating to the appeal through binding arbitration of a protest of an appraisal review board order, and to related complaints filed by a property owner and disciplinary action by the Board of Tax Professional Examiners.  TCC is monitoring 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 483 (Fraser), relating to the regulation of electric generation capacity ownership in the electric power market: P. King, T. Smith (R-Bedford), Christian (R-Center), Swinford (R-Amarillo), and Pena (D-Edinburg).  TCC supports this bill.
• The Senate passed the following:
• SB 1204 (Duncan, R-Lubbock), relating to the reorganization and administration of, and procedures relating to, courts in this state, including procedures for appeals.  TCC supports this bill.
• SB 1317 (Jackson), relating to prohibiting a municipality from enacting regulations on air pollution that might apply outside its corporate limits.  The bill passed to Third Reading after much debate and an attempted filibuster by Senator Gallegos (D-Galena Park).  TCC supports this bill.
• House Environmental Regulations Committee voted out SB 12 (Averitt), relating to programs for the enhancement of air quality, including energy efficiency initiatives.  TCC supports this bill, in addition to full funding of both the TERP and LIRAP programs.
• House Natural Resources Committee voted out the following bills:
• SB 3 (Averitt), relating to the development, management, and preservation of the water resources of the state.  TCC supports this bill.
• HB 911 (Callegari, R-Houston), relating to the requirements for interbasin water transfers.  TCC is monitoring this bill.
• House Land and Resource Management Committee met to hear testimony on SB 542 (R. West, D-Dallas), relating to county authority regarding subdivision platting and land development.  The bill was left pending.  TCC worked to negotiate a committee substitute on the bill, which eliminated all references to buffer zones between industrial and residential areas.

Thursday, May 3

• The Senate passed the following:
• SB 1324 (Watson), relating to a program for the recycling of computer equipment of consumers in this state.  TCC supports this bill.
• SB 1373 (Carona, R-Dallas), relating to the issuance and enforcement of motor carrier overweight or oversize vehicle permits and motor carrier registrations.  TCC worked with the bill sponsor to add language to the bill under the “Legislative Findings and Purpose” section that acknowledges the backlog in the Motor Carrier Division at TxDOT (which issues overweight truck permits) and states that a portion of the money generated from increased overweight permit fees will be used to hire at least 25 full-time employees to TxDOT’s Motor Carrier Division.  TCC supports this bill.

Friday, May 4

• The House passed the following bills:
• HB 2703 (Woolley, R-Houston), relating to interference with the duties of a public health professional.  TCC is monitoring this bill.
• HB 3960 (W. Smith, R-Baytown), relating to the discontinuance of the TCEQ’s compliance history program.  TCC is monitoring this bill.
• SB 1673 (Averitt), relating to the renewal of certain air quality permits.  TCC supports this bill.
• The Senate passed the following:
• SB 1341 (Hegar, R-Katy), relating to the management of groundwater in the area regulated by the Edwards Aquifer Authority and to the operations and oversight of the Edwards Aquifer Authority.  TCC has been actively involved in the stakeholder process involving SB 1341 and supports the bill.

Upcoming Activities

Monday, May 7

• House Calendar (Second Reading):  
• HB 1927 (Chisum), relating to the liability of manufacturers or sellers of fuel additives and components and fuels.  TCC supports this bill.
• HB 13 (Swinford), relating to homeland security issues, including border security issues and homeland security staffing requirements.  TCC is monitoring this bill.
• HB 1467 (Deshotel), relating to reservations of the state ceiling and priority carryforward classifications for certain projects under the private activity bond allocation program.  TCC is monitoring this bill.
• HB 3485 (S. King), relating to career and technology education.  TCC supports this bill.
• HB 2237 (Eissler), relating to high school success and college readiness in public schools.  TCC supports this bill.
• HB 1292 (Puente), relating to the maximum permitted withdrawals and critical period management of groundwater in the area regulated by the Edwards Aquifer Authority and to the operations and oversight of the Edwards Aquifer Authority.  TCC supports SB 1341 (Hegar) that passed the Senate on Friday, May 3.  TCC opposes HB 1292 in its current form.
• HB 3693 (Straus), relating to energy demand, energy load, energy efficiency incentives, energy programs, and energy performance measures.  TCC is monitoring this bill.
• HB 2785 (Paxton), relating to property tax relief.  TCC is monitoring this bill.
• HB 3780 (Bonnen), relating to initiation of enforcement by the TCEQ for violations based on information received from a private individual.  This is a TCC High Priority bill, and TCC supports it.
• SB 484 (Fraser), relating to the powers, duties, and composition of the electric utility restructuring legislative oversight committee.  TCC is monitoring this bill.
• House Calendar (Third Reading):
• HJR 44 (Branch), relating to requiring any increase in a franchise tax rate to be approved by three-fourths of all the members elected to each house of the legislature.  TCC is monitoring this bill.
• Senate Intent:
• SB 1687 (Watson), relating to emission reduction strategies for greenhouse gases.  TCC opposes this bill.
• SB 1785 (Averitt), relating to implementing ultraclean energy projects.  TCC is monitoring this bill.
• SB 1929 (Carona), relating to transportation in the state.  TCC is monitoring this bill.
• Senate Finance: 9:00, E1.036.
• HB 621 (Chavez, Duncan), relating to the exemption from ad valorem taxation of tangible personal property held temporarily at a location in this state for assembling, storing, manufacturing, processing or fabricating purposes.  TCC is monitoring this bill
• HB 1332 (Chisum, Janek), relating to a credit or refund for taxes paid on diesel fuel used in certain manufacturing or production processes.  TCC supports this bill.
• SB 391 (Hegar), relating to the limit on the maximum percentage increase in the appraised value of a residence homestead for ad valorem tax purposes.  TCC is monitoring this bill.
• SB 504 (Wentworth), relating to the exemption from ad valorem taxation for certain solar or wind-powered energy devices.  TCC is monitoring this bill.
• House Government Reform: 10:30, E2.014.  SB 445 (Hinojosa), relating to design and construction standards for newly constructed state buildings.  TCC worked with the bill sponsor through the committee process to eliminate all references in the bill to specific building standards (i.e., LEEDs or Green Globes).  TCC is monitoring this bill.
• House Judiciary: 3:30, E2.028. 
• SB 749 (Janek), relating to multidistrict litigation proceedings in cases involving claims for asbestos-related or silica-related injuries.  TCC is monitoring this bill.
• SB 1204 (Duncan), relating to the reorganization and administration of, and procedures relating to, courts in this state, including procedures for appeals.  TCC supports this bill.

Wednesday, May 9

• House Natural Resources: 2:00, E2.012.  SB 1762 (Shapleigh), relating to a study by the Water Development Board regarding the impact of climate change on surface water supplies.  TCC is monitoring this bill.

Thursday, May 10

• House Deadline: This is the last day the House can consider House Bills and House Joint Resolutions on Second Reading.

Friday, May 11

• House Deadline: This is the last day for the House to consider consent on House Bills on Second and Third Reading and all Third Reading House Bills and House Joint Resolutions.

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