Texas Civil Justice League
HEARING ALERT

Texas House Committee on Insurance
Tuesday, April 22, 2015 at 11:00am/ADJ
E2.036

HB 3646 by Smithee relating to insurance claims and certain prohibited acts and practices in or in relation to the business of insurance.  Details on this bill below.


Texas Civil Justice League
Legislative Report
April 17, 2015

HD 124 Runoff Election to be held April 21, 2015:  Jose Menendez won the race for Senate District 26 on 2/17/15.  A Special Election was held on Tuesday, March 31, 2015 to fill the House seat he held.  Ina M. Minjarez received 42.22% of the votes; Delicia Herrera received 28.30% of the votes; Nathan Alonzo received 23.81% of the votes; and David Rosa received 5.66% of the votes.  Ina M. Minjarez and Delicia Herrera will now go to a Runoff Election on April 21, 2015.


Good Faith Remediation
HB 1794 by Geren 4-10-15 Committee report sent to House Calendars.  It is possible this bill will be heard on the House floor next week.
SB 1509 by Hancock 3-23-15 S Introduced and referred to Natural Resources & Economic Development

(TCJL PROGRAM) TCJL SUPPORTS.  Recent lawsuits have sought to collect hundreds of millions of dollars of civil penalties against Texas businesses for alleged environmental violations going back for decades—even though the businesses have been working with the Texas Commission on Environmental Quality to remediate the problem and, in some cases, did not even own the property when the alleged violations occurred. In one of the cases, a jury rejected the plaintiff’s argument that the business should pay billions even though it spent millions to clean up a mess that it inherited from another company. The proposed legislation will address this type of lawsuit abuse by assuring that businesses pay punitive civil penalties only for their own conduct, not for the actions of others. The legislation will also assure that businesses that remediate in good faith will not be punished as long as they comply with applicable state enforcement orders.


forum non conveniens
HB 1692 by Sheets 4-16-15 Substitute voted favorably (5-4) from House Judiciary & Civil Jurisprudence and will be sent to Calendars.
SB 1942 by Huffman 3-25-15 S Introduced and referred to Senate State Affairs

(TCJL PROGRAM) TCJL SUPPORTS.  The doctrine of forum non conveniens allows a trial court to dismiss a lawsuit if another court is a more appropriate forum to hear the case because the suit has little or no connection to the state. Under Texas law, a court may not dismiss a case under the rule if the plaintiff is a Texas resident. A recent Texas Supreme Court decision, however, has opened a potential loophole in the Texas forum non conveniens rule. In a 5-4 decision, the Court allowed intervenors in a lawsuit filed in Hidalgo County on behalf of the estate of a non-Texas resident to claim Texas residency and keep the suit in Hidalgo County—despite the fact that the underlying plaintiffs were from Mexico, the accident occurred in Mexico, the witnesses and evidence were all located in Mexico, and Mexican law likely applied to the accident. The proposed legislation will assure that only direct plaintiffs who are actual Texas residents can invoke the Texas residency exception to keep their cases in Texas courts.


 

OCIP Clarification (Owner/Contractor Controlled Insurance Program)
HB 1668 by Workman 4-7-15 was heard and left pending in House Business & Industry this week
SB 666 by Eltife 2-24-15 S Introduced and referred to Senate Business and Commerce

(TCJL PROGRAM) TCJL SUPPORTS.  Despite case law to the contrary, a recent Corpus Christi Court of Appeals decision has opined that §§406.122 and 406.123, Labor Code, which define when an independent contractor may be treated as an employee for purposes of workers’ compensation insurance coverage, conflict with each other. Under existing law, an independent contractor may be deemed to be an “employee” when the contractor is covered by a “wrap” workers’ compensation insurance policy that includes all the contractors and contractor employees on a worksite. The Corpus Christi case introduces unnecessary confusion into a well-established workers’ compensation insurance practice and should be corrected. The proposed legislation does not change existing law, but simply clarifies that the two statutes do not conflict.


Standing in Contested Cases on Environmental Permits
HB 1113 by Clardy was laid out and left pending in House Environmental Regulation last week
SB 941 by Creighton 3-09-15 S Introduced and referred to Senate Natural Resources and Economic Development

(TCJL PROGRAM) TCJL SUPPORTS.  Rep. Travis Clardy (R-Nacogdoches) filed legislation codifying recent Texas case law upholding the Texas Commission on Environmental Quality’s discretion to grant or deny requests for contested-case hearings on permit applications. Specifically, HB 1113 places into statute the well-developed “abuse of discretion” standard that has long been part of Texas administrative law and has recently been reaffirmed by the Austin Court of Appeals in multiple decisions. The bill is necessary because recent litigation by some environmental groups has challenged TCEQ’s discretionary authority over requests for contested-case hearings. These lawsuits have urged the courts to restrict the agency’s authority to determine whether a party is entitled to a contested-case hearing under statutory standards enacted by the Texas Legislature. Though these challenges have ultimately been unsuccessful, they continue to cause unnecessary and costly delays in permitting and divert agency and judicial resources.


Procedures in Contested Cases on Environmental Permits
HB 1247 by Wayne Smith was laid out and left pending in House Environmental Regulation last week

(TCJL PROGRAM) TCJL SUPPORTS.  Under current practice in contested case hearings on environmental permits, a permit applicant, who has already presented all the technical and other evidence on the entire permit through the lengthy (and costly) review at the agency and received a draft permit, must do the same thing again before the State Office of Administrative Hearings. As it stands today, the applicant must prove its case twice: once to the commission staff and then again to an administrative law judge who has not been privy to the lengthy and exhaustive technical review already conducted by the staff. The proposed legislation would require the party asking for the contested case hearing in the first place to demonstrate the specific parts of the draft permit that violate environmental laws or standards, followed by the applicant’s rebuttal evidence. Under the proposed legislation, the draft permit establishes a prima facie showing that it complies with all applicable laws and regulations. The protesting parties should have to rebut this showing by a preponderance of the evidence to the contrary.


Asbestos Evidence Manipulation
HB 1492 by Doug Miller 4-16-15 Substitute voted favorably (5-4) from House Judiciary & Civil Jurisprudence and will be sent to Calendars.
SB 491 by Schwertner 4-13-15 heard and left pending in Senate State Affairs

TCJL SUPPORTS.  Texas should address manipulation of the bankruptcy trust system of compensating claimants for asbestos-related diseases.  Require that plaintiff lawyers file claims with bankruptcy trusts in advance of trial against defendants in litigation to assure honesty and transparency in litigation.


Net Worth Evidence
HB 969 by Ken King 4-14-15 heard and left pending in House Judiciary & Civil Jurisprudence
SB 735 by Fraser 4-13-15 heard and left pending in Senate State Affairs

TCJL SUPPORTS.  Provides that the financial condition or net worth of a party is not relevant for the purposes of supporting a claim for, or the amount of, exemplary damages and, therefore, is not discoverable or admissible as evidence.


12 Person Juries
HB 1122 by Clardy knocked off House Local & Consent Calendar on 4-13-15 and was sent to House Calendars Committee
SB 824 by Huffman passed Senate on 4-15-15, received in House on 4-16-15

TCJL SUPPORTS.  All cases heard in county courts at law are tried before six person juries, whereas all cases heard in state district courts are tried before standard 12 person juries.  If a county court at law is hearing a civil case in which more that $200,000 is in dispute, the court should be required to impanel a 12 person jury.


Contested Case Hearings
HB 1865 by Morrison passed 4-7-15 as substituted from House Environmental Regulation.  Committee report filed 4-17-15.  On its way to Calendars.
SB 709 by Fraser passed the Senate on 4-16-15, received in the House on 4-17-15

TCJL SUPPORTS.  Provides a predictable timeline for the permitting and contested case process; codifies recent court decisions affirming TCEQ discretion to determine who is an affected party in a contested case; establishes that a draft permit issued by TCEQ has been through a very thorough review process and therefore meets legal, technical, public health and environmental requirements.


Property Insurance Litigation (Chapters 541 and 542, Insurance Code)
HB 3646 by Smithee set for hearing in House Insurance on 4-22-15
SB 1628 by Larry Taylor voted favorably from Senate Business & Commerce on 4-14-15.  On its way to the full Senate.

TCJL SUPPORTS.  Relating to insurance claims and certain prohibited acts and practices in or in relation to the business of insurance.


Patent Trolls
HB 3176 by Smithee 3-23-15 H Introduced and referred to House Judiciary & Civil Jurisprudence
SB 1187 by Van Taylor heard and left pending on 4-9-15 in Senate State Affairs
SB 1457 by Nichols 4-15-15 passed Senate State Affairs.  First placed on Senate Intent Calendar on 4-20-15.

TCJL MONITORING.  Relating to claims of patent infringement.  Authorize the Attorney General to enjoin and/or sanction persons who engage in abusive patent trolling practices.


Qui Tam – False Claims – Bounty Hunter
HB 2062 by Raymond 3-27-15 H Introduced and referred to Judiciary & Civil Jurisprudence

TCJL OPPOSES. Further review of this bill pending. Relating to false claims against the state and actions by the state and private persons to prosecute those claims.  While designed to combat fraud involving state funds, this allows private bounty hunter plaintiffs to file lawsuits for “false” claims in the name of the State of Texas and override legal reform measures passed in the last 30 years.  Allows defendants to be investigated without their knowledge for an extended period of time.  Allows suit even when the defendant had no actual knowledge of the conduct in question.

 


Process for house bill                                                       Printable PDF

This diagram displays the sequential flow of a bill from the time it is introduced in the house of representatives to final passage and transmittal to the governor.


 

HB 40 Darby, Drew(R) Relating to the express preemption of regulation of oil and gas operations and the exclusive jurisdiction of those operations by the state.

 

Companions:
SB 1165 Fraser, Troy (Identical)
4-15-15 S First placement on Senate Intent Calendar for

 

Bill History: 04-17-15 H Laid out for consideration in the House at 10:00am

HB 106 Flynn, Dan(R) Relating to the authority of a person who is licensed to carry a handgun to openly carry the handgun.

 

Companions:
HB 291 Huberty, Dan (Identical)
2-11-15 H Introduced and referred to committee on House Homeland Security and Public Safety
HB 415 Riddle, Debbie (Identical)
2-16-15 H Introduced and referred to committee on House Homeland Security and Public Safety

 

Bill History: 02-09-15 H Introduced and referred to committee on House Homeland Security and Public Safety

HB 113 Fletcher, Allen(R) Relating to prohibiting abortion that is based on the sex of the unborn child.

 

Bill History: 02-09-15 H Introduced and referred to committee on House State Affairs

HB 162 Gonzalez, Mary(D) Relating to administrative penalties assessed by the Texas Workforce Commission against certain employers for failure to pay wages.

 

Companions:
SB 152 Rodriguez, Jose (Identical)
1-27-15 S Introduced and referred to committee on Senate Natural Resources and Economic Develop

 

Bill History: 04-07-15 H Committee action pending House Business and Industry

HB 176 Kleinschmidt(R) Relating to protection of the right to keep and bear arms within the State of Texas.

 

Companions:
HB 413 Goldman, Craig (Identical)
3-19-15 H Committee action pending Select on State/Federal Power Responsibility

 

Bill History: 02-12-15 H Introduced and referred to committee on Select on State/Federal Power Responsibility

HB 187 Thompson, Senfronia(D) Relating to unlawful employment practices regarding discrimination in payment of compensation.

 

Companions:
SB 65 Ellis, Rodney (Identical)
1-26-15 S Introduced and referred to committee on Senate Natural Resources and Economic Develop

 

Remarks: Lilly Ledbetter bill
Employment LawCurrent Texas law provides that an employee must file an unlawful employment practice complaint with the Texas Workforce Commission civil rights division within 180 days after the alleged unlawful practic e occurs. If the employee proves up the claim, he or she may recover up to two years of back pay. Appeal of the administrative review is to state district court. The effect of SB 65/HB 187 is to allow an employee who exhausts administrative remedies under current law to seek review in state court. The bill also clarifies that the statute of limitations for a wage discrimination claim runs from the date the discriminatory employment practice begins, not the date of the compensation agreement between the employer and employee, and allows an aggrieved employee to obtain relief (including back pay) for similar or related unlawful employment practices that occurred prior to the most recent two-year pay period. The bill responds to a 2012 Texas Supreme Court decision holding that federal protections for wage discrimination did not extend to state law ( Prairie View A&M v. Chatha ).

 

Bill History: 03-10-15 H Committee action pending House Business and Industry

HB 193 Murphy, Jim(R) Relating to the phaseout and repeal of the franchise tax.

 

Remarks: Franchise TaxPhases out the franchise tax by 25% per year beginning January 1, 2016. Similar bills have been filed by Leach (HB 250) and Huberty (HB 552).

 

Bill History: 02-10-15 H Introduced and referred to committee on House Ways and Means

HB 201 Leach, Jeff(R) Relating to the procedure for action by the Texas Commission on Environmental Quality on an application for a water right.

 

Companions:
SB 109 Taylor, Van (F) (Identical)
4-20-15 S Meeting set for 2:00 P.M. OR ADJ., E1.012, Senate Agriculture, Water, and Rural Affairs

 

Bill History: 02-12-15 H Introduced and referred to committee on House Natural Resources

HB 213 Button, Angie(R) Relating to lobbying by former members of the legislature.

 

Companions:
HB 314 Fallon, Pat (Identical)
3- 4-15 H Introduced and referred to committee on House General Investigating and Ethics
SB 319 Taylor, Van (F) (Identical)
2- 2-15 S Introduced and referred to committee on Senate State Affairs

 

Bill History: 03-05-15 H Introduced and referred to committee on House General Investigating and Ethics

HB 226 Guillen, Ryan(D) Relating to certain offenses relating to carrying concealed handguns on property owned or leased by a governmental entity.

 

Companions:
SB 273 Campbell, Donna (Identical)
3-18-15 H Received in the House

 

Bill History: 03-20-15 H Reported from committee as substituted House Homeland Security and Public Safety

HB 230 Farrar, Jessica(D) Relating to recovery of attorney’s fees in certain civil cases.

 

Remarks: Attorney’s FeesAmends 38.001, CPRC, to clarify that attorney’s fees cannot be recovered under this section from the state, a state agency or institution, or political subdivision of the state. The bill also clarifies that attorney’s fees can be recovered under this section against any legal entity, in addition to individuals and corporations.

 

Bill History: 04-13-15 S Received in the Senate

HB 231 Farrar, Jessica(D) Relating to extending the court’s jurisdiction in a suit affecting the parent-child relationship over certain young people for purposes of obtaining special immigrant juvenile status.

 

Remarks: immigrant children

 

Bill History: 02-11-15 H Introduced and referred to committee on House Juvenile Justice and Family Issues

HB 232 Farrar, Jessica(D) Relating to the promotion of breast-feeding and the prohibition against interference with or restriction of the right to breast-feed.

 

Remarks: cause of action for interfering with public breastfeeding, civil penalty $500 per day plus attorney fees

 

Bill History: 03-17-15 H Committee action pending House Business and Industry

HB 241 Leach, Jeff(R) Relating to substituted service of citation through a social media presence.

 

Remarks: Civil Procedure/EvidenceAdds 17.032, CPRC, to require the Supreme Court to adopt rules allowing substituted service of citation by an electronic communication sent to a defendant through a social media presence.

 

Bill History: 03-10-15 H Committee action pending House Judiciary and Civil Jurisprudence

HB 247 Raymond, Richard(D) Relating to limits on certain actions arising out of attorney’s fee agreements.

 

Remarks: Attorney’s FeesAdds Chapter 150A, CPRC, to limit actions arising from certain attorney’s fee agreements. The bill applies to a contingency fee agreement which states in writing: (1) the method by which the fee is determined; (2) the litigation and other expenses to be deducted from the recovery; and (3) whether litigation expenses and other expenses are to be deducted before or after the contingent fee is calculated. A person may be bring an action under an agreement only on grounds of corruption, coercion, force, fraud, or forgery.

 

Bill History: 03-05-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

HB 257 Farney, Marsha(R) Relating to a justice or judge having an interest in a business entity that owns, manages, or operates a private correctional or rehabilitation facility.

 

Bill History: 04-14-15 H Committee action pending House Judiciary and Civil Jurisprudence

HB 262 Miles, Borris(D) Relating to liability of an owner, lessee, or occupant of land that allows land to be used as a community garden.

 

Bill History: 04-14-15 H Committee action pending House Judiciary and Civil Jurisprudence

HB 264 Miles, Borris(D) Relating to procedures for asserting taking claims against certain governmental entities.

 

Bill History: 02-11-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

HB 282 Dutton, Harold(D) Relating to the organization of a grand jury.

 

Companions:
SB 135 Whitmire, John (Identical)
4-15-15 H Referred to House Committee on House Criminal Jurisprudence

 

Bill History: 04-16-15 H Voted favorably from committee as substituted House Criminal Jurisprudence

HB 291 Huberty, Dan(R) Relating to the authority of a person who is licensed to carry a handgun to openly carry the handgun.

 

Companions:
HB 106 Flynn, Dan (Identical)
2- 9-15 H Introduced and referred to committee on House Homeland Security and Public Safety
HB 415 Riddle, Debbie (Identical)
2-16-15 H Introduced and referred to committee on House Homeland Security and Public Safety

 

Bill History: 02-11-15 H Introduced and referred to committee on House Homeland Security and Public Safety

HB 304 Thompson, Senfronia(D) Relating to prohibition of certain insurance discrimination.

 

Remarks: InsuranceAmends 544.002, Insurance Code, to prohibit discrimination in underwriting on the basis of sexual orientation or gender identity expression.

 

Bill History: 02-11-15 H Introduced and referred to committee on House Insurance

HB 311 Canales, Terry(D) Relating to an executory contract for the conveyance of real property.

 

Bill History: 03-31-15 H Reported favorably from committee on House Business and Industry

HB 314 Fallon, Pat(R) Relating to lobbying by former members of the legislature.

 

Companions:
HB 213 Button, Angie (Identical)
3- 5-15 H Introduced and referred to committee on House General Investigating and Ethics
SB 319 Taylor, Van (F) (Identical)
2- 2-15 S Introduced and referred to committee on Senate State Affairs

 

Bill History: 03-04-15 H Introduced and referred to committee on House General Investigating and Ethics

HB 316 Canales, Terry(D) Relating to allowing a county commissioners court to contract with an attorney to enforce subdivision platting requirements in certain counties that are economically distressed or that are located near the international border of this s

 

Bill History: 03-26-15 H Committee action pending House County Affairs

HB 318 Keough, Mark (F)(R) Relating to named driver insurance policies and certain related exclusions.

 

Remarks: InsuranceProhibits insurers from issuing named driver insurance policies in this state.

 

Bill History: 02-11-15 H Introduced and referred to committee on House Insurance

HB 321 Keough, Mark (F)(R) A bill relating to the repeal of the franchise tax.

 

Remarks: Franchise TaxRepeals the franchise tax effective January 1, 2016.

 

Bill History: 02-11-15 H Introduced and referred to committee on House Ways and Means

HB 323 Guillen, Ryan(D) Relating to tort liability arising from a volunteer’s operation of a Parks and Wildlife Department motor-driven vehicle or motor-driven equipment.

 

Companions:
SB 381 Uresti, Carlos (Identical)
3-24-15 H Received in the House

 

Remarks: Tort LiabilityGrants immunity from civil suit for negligence to a volunteer operating a motor vehicle or motor-driven equipment on behalf of the Texas Parks & Wildlife Department within the course and scope of the volunteer’s assignment.

 

Bill History: 03-19-15 H Recommended for Local and Consent Calendar

HB 334 Ashby, Trenton(R) Relating to a defense to prosecution of the offense of Medicaid fraud.

 

Companions:
SB 187 Creighton, Brandon (F) (Identical)
1-27-15 S Introduced and referred to committee on Senate Criminal Justice

 

Bill History: 02-12-15 H Introduced and referred to committee on House Criminal Jurisprudence

HB 335 Thompson, Ed(R) Relating to named driver insurance policies and certain related exclusions.

 

Companions:
SB 1755 Seliger, Kel (Identical)
3-24-15 S Introduced and referred to committee on Senate Business and Commerce

 

Remarks: InsuranceProhibits insurers from issuing a named driver insurance policy, except if the policy specifically names the excluded driver(s) and does not exclude a class of drivers.

 

Bill History: 04-15-15 H Committee action pending House Insurance

HB 353 King, Ken(R) Relating to the application of certain weapons laws to certain volunteer emergency services personnel licensed to carry a concealed handgun.

 

Bill History: 03-30-15 H Reported from committee as substituted House Homeland Security and Public Safety

HB 354 Dutton, Harold(D) Relating to a suit for legal separation in a marriage.

 

Bill History: 03-25-15 H Committee action pending House Juvenile Justice and Family Issues

HB 359 Springer, Drew(R) Relating to a court order to disannex an area from a municipality.

 

Remarks: Expands COA

 

Bill History: 03-09-15 H Committee action pending House Land and Resource Management

HB 361 Springer, Drew(R) Relating to the uniform election date.

 

Companions:
SB 975 Campbell, Donna (Identical)
3-10-15 S Introduced and referred to committee on Senate State Affairs

 

Bill History: 02-12-15 H Introduced and referred to committee on House Elections

HB 398 Sheffield, J.D.(R) Relating to the creation of an additional judicial district composed of Coryell County.

 

Companions:
SB 549 Fraser, Troy (Identical)
2-18-15 S Introduced and referred to committee on Senate State Affairs

 

Remarks: CourtsCreates the 440th Judicial District of Coryell County.

 

Bill History: 02-16-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

HB 402 Sheffield, J.D.(R) Relating to the terms of court for the 52nd District Court.

 

Remarks: CourtsChanges the term of court of the 52nd District Court from the first Monday in June to the first Monday in July.

 

Bill History: 02-16-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

HB 409 Turner, Chris(D) Relating to liability insurance for persons holding certain alcoholic beverage permits.

 

Remarks: Tort LiabilityRequires a person (including a governmental entity) who holds a permit to serve on-premises alcoholic beverages to maintain liability insurance with minimum limits of $500,000 per person to whom damages are owed and $1 million per single occurrence.

 

Bill History: 04-17-15 H Reported from committee as substituted Licensing and Administrative Procedures

HB 411 Turner, Chris(D) Relating to prohibiting telemarketing calls by a credit access business.

 

Bill History: 03-31-15 H Reported from committee as substituted House Business and Industry

HB 412 Turner, Chris(D) Relating to the prohibition against employment discrimination on the basis of sexual orientation by state contractors.

 

Remarks: Employment LawRequires a state agency contracting with a contractor to require the contractor and any subcontractors to adopt and apply an employment policy of non-discrimination based on sexual orientation. Authorizes state agencies to impose administrative penalties for non-compliance.

 

Bill History: 02-19-15 H Introduced and referred to committee on House State Affairs

HB 413 Goldman, Craig(R) Relating to protection of the right to keep and bear arms within the State of Texas.

 

Companions:
HB 176 Kleinschmidt (Identical)
2-12-15 H Introduced and referred to committee on Select on State/Federal Power Responsibility

 

Bill History: 03-19-15 H Committee action pending Select on State/Federal Power Responsibility

HB 415 Riddle, Debbie(R) Relating to the authority of a person who is licensed to carry a handgun to openly carry the handgun.

 

Companions:
HB 106 Flynn, Dan (Identical)
2- 9-15 H Introduced and referred to committee on House Homeland Security and Public Safety
HB 291 Huberty, Dan (Identical)
2-11-15 H Introduced and referred to committee on House Homeland Security and Public Safety

 

Bill History: 02-16-15 H Introduced and referred to committee on House Homeland Security and Public Safety

HB 419 Wu, Gene(D) Relating to federal income tax liability for certain damages awarded in certain civil actions.

 

Remarks: Tort DamagesAdds 41.015, CPRC, to require a defendant to reimburse a prevailing plaintiff for federal income taxes later determined to be owed on compensatory damages for loss of earnings, loss of earning capacity, loss of contributions of a pecuniary value, or loss of inheritance, provided that the damages were awarded on a finding or instruction that no federal income taxes would be owed.

 

Bill History: 04-14-15 H Committee action pending House Judiciary and Civil Jurisprudence

HB 438 Canales, Terry(D) Relating to authorizing patients with certain terminal conditions to access certain investigational drugs, biological products, and devices that are in clinical trials.

 

Bill History: 02-19-15 H Introduced and referred to committee on House Public Health

HB 453 Alonzo, Roberto(D) Relating to prohibition of certain insurance discrimination.

 

Companions:
SB 76 Ellis, Rodney (Identical)
1-26-15 S Introduced and referred to committee on Senate Business and Commerce

 

Remarks: InsuranceAmends 544.002, Insurance Code, to prohibit discrimination in underwriting on the basis of sexual orientation or gender identity expression.

 

Bill History: 02-11-15 H Introduced and referred to committee on House Insurance

HB 464 Springer, Drew(R) Relating to requiring candidates to pay a filing fee or submit a petition in lieu of a filing fee to appear on the ballot for the general election for state and county officers.

 

Bill History: 04-14-15 H Reported favorably from committee on House Elections

HB 483 Capriglione, Giovanni(R) Relating to the establishment and administration of a state bullion depository.

 

Bill History: 04-06-15 H Reported favorably from committee on House Investments and Financial Services

HB 484 Capriglione, Giovanni(R) Relating to the eligibility of a person to be a candidate for or holder of a public elective office.

 

Bill History: 04-14-15 H Reported favorably from committee on House Elections

HB 487 Howard, Donna(D) Relating to certain restrictions on contributions and expenditures from political funds by a lobbyist.

 

Bill History: 04-14-15 H Reported from committee as substituted House Elections

HB 492 Hernandez, Ana(D) Relating to the period during which an employee may file a claim for unpaid wages with the Texas Workforce Commission.

 

Remarks: Employment LawExtends the filing deadline for a claim for unpaid wages with the Texas Workforce Commission from 180 days to the first anniversary of the day the wages became due for payment.

 

Bill History: 04-16-15 H Voted favorably from committee on House Business and Industry

HB 496 Gonzalez, Mary(D) Relating to civil and criminal liability for the disclosure or promotion of certain intimate visual material.

 

Remarks: Tort LiabilityCreates a cause of action for the knowing and intentional disclosure or promotion of intimate visual material without consent; a prevailing claimant may recover actual damages (including mental anguish even if no other damages shown), court costs, attorney’s fees, and exemplary damages; a defendant is jointly and severally liable for the entire amount of damages. The bill also establishes a criminal offense for such conduct.

 

Bill History: 04-16-15 H Voted favorably from committee as substituted House Criminal Jurisprudence

HB 497 Wu, Gene(D) Relating to the applicability of the law governing saltwater pipeline facilities located in the vicinity of public roads.

 

Bill History: 04-14-15 S Received in the Senate

HB 512 Moody, Joe(D) Relating to waiver of immunity in certain employment discrimination actions in connection with a workers’ compensation claim.

 

Remarks: Sovereign Immunity/Governmental Immunity/Local GovernmentWaives sovereign or governmental immunity for a suit against a state or local governmental entity brought by a first responder employed by the entity; limits damages in such a suit to $100,000 for each aggrieved claimant.

 

Bill History: 04-14-15 H Voted favorably from committee on House Business and Industry

HB 520 Moody, Joe(D) Relating to the assignment of certain judges as a visiting judge.

 

Remarks: CourtsAllows a former judge who has served as judge of more than two district, statutory probate, statutory county, or appellate courts to be eligible for the visiting judge list even if the judge has not met the 96-month service requirement.

 

Bill History: 04-16-15 H Recommended for Local and Consent Calendar

HB 532 McClendon, Ruth Jones(D) Relating to the ability of a nonexempt employee to participate in certain academic, extracurricular, and developmental activities of the employee’s child.

 

Bill History: 03-17-15 H Committee action pending House Business and Industry

HB 540 King, Phil(R) Relating to the submission to the attorney general of a measure proposing the enactment or repeal of a municipal ordinance.

 

Bill History: 03-11-15 H Committee action pending House State Affairs

HB 542 Raymond, Richard(D) Relating to an annual state budget and legislative budget sessions in even-numbered years and to political contributions made during a legislative session.

 

Bill History: 02-18-15 H Introduced and referred to committee on House Appropriations

HB 543 Dutton, Harold(D) Relating to the creation of a specialty court for certain first-time DWI offenders.

 

Bill History: 03-03-15 H Committee action pending House Judiciary and Civil Jurisprudence

HB 554 Springer, Drew(R) Relating to a defense to prosecution for the offense of possessing or carrying a weapon in or into the secured area of an airport.

 

Companions:
HB 571 Pickett, Joe (Identical)
2-19-15 H Introduced and referred to committee on House Homeland Security and Public Safety

 

Bill History: 03-25-15 H Reported favorably from committee on House Homeland Security and Public Safety

HB 560 Dutton, Harold(D) Relating to the qualifications for service as a grand juror.

 

Bill History: 02-18-15 H Introduced and referred to committee on House Criminal Jurisprudence

HB 561 Dutton, Harold(D) Relating to the secrecy of grand jury proceedings.

 

Bill History: 04-16-15 H Voted favorably from committee on House Criminal Jurisprudence

HB 562 Leach, Jeff(R) Relating to the application of foreign laws and foreign forum selection in a proceeding involving marriage, a suit for dissolution of a marriage, or a suit affecting the parent-child relationship in this state.

 

Companions:
SB 531 Campbell, Donna (Identical)
2-18-15 S Introduced and referred to committee on Senate State Affairs

 

Remarks: CourtsProhibits the application of a foreign law or selection of a foreign forum law in a matter arising under the Family Code (marriage relations or the parent-child relationship) if the application of such law would violate a fundamental right under the U.S. or Texas Constitution, or Texas law. Does not apply to a corporation or other legal entity that contracts to subject the entity to a foreign law or forum.

 

Bill History: 04-16-15 H Voted favorably from committee as substituted House Judiciary and Civil Jurisprudence

HB 566 Herrero, Abel(D) Relating to the use of epinephrine auto-injectors on public and open-enrollment charter school campuses and at off-campus school sanctioned events.

 

Bill History: 02-18-15 H Introduced and referred to committee on House Public Education

HB 571 Pickett, Joe(D) Relating to a defense to prosecution for the offense of possessing or carrying a weapon in or into the secured area of an airport.

 

Companions:
HB 554 Springer, Drew (Identical)
3-25-15 H Reported favorably from committee on House Homeland Security and Public Safety

 

Bill History: 02-19-15 H Introduced and referred to committee on House Homeland Security and Public Safety

HB 573 White, James(R) Relating to a defense to prosecution for the offense of possessing or carrying a firearm on the premises of a polling place.

 

Bill History: 02-18-15 H Introduced and referred to committee on House Criminal Jurisprudence

HB 574 Bonnen, Greg(R) Relating to the operation of certain managed care plans with respect to health care providers.

 

Companions:
SB 1098 Campbell, Donna (Identical)
3-16-15 S Introduced and referred to committee on Senate Business and Commerce

 

Remarks: InsuranceProhibits a health maintenance organization from terminating the participation of a physician or provider solely because the physician/provider informs an enrollee of the full range of physicians and providers available to the enrollee, including out-of-network providers. Further prohibits an HMO from attempting to discourage a physician from informing an enrollee of the availability of treatment facilities both in-network and out-of-network. The bill also prohibits an insurer from terminating or threatening to terminate (1) an insured’s participation in a preferred provider benefit plan solely because the insured uses an out-of-network provider, or (2) a preferred provider’s contract solely because the provider’s patients use out-of-network providers. Additionally, an HMO may not terminate or otherwise penalize a preferred provider who communicates with an insured about he availability of out-of-network providers for provision of the insured’s health care services. Finally, the bill requires the insurer seeking to terminate a preferred provider to provide an expedited review that complies with the applicable TDI rules and all information on which the insurer used to make the determination, including the economic profile of the provider, the standards by which the provider is measured, and the statistics underlying the profile and standards.

 

Bill History: 04-15-15 H Voted favorably from committee as substituted House Insurance

HB 582 Turner, Chris(D) Relating to a prohibition against certain forms of employment discrimination by state contractors.

 

Remarks: Employment LawRequires a person seeking a state contract to adopt an anti-discrimination policy with respect to gender identity and sexual orientation. Requires each state contract to provide for a complaint process and imposes an administrative penalty of $100 per day per employee for non-compliance.

 

Bill History: 02-19-15 H Introduced and referred to committee on House State Affairs

HB 589 Burkett, Cindy(R) Relating to a disqualification for unemployment benefits for refusing to take or failing a preemployment drug test.

 

Companions:
SB 722 Perry, Charles (F) (Identical)
3-17-15 S First placement on Senate Intent Calendar for

 

Bill History: 03-23-15 H Reported favorably from committee on House Economic and Small Business Development

HB 604 Davis, Sarah(R) Relating to the collection of certain judgments through court proceeding.

 

Remarks: Civil Procedure/EvidenceAmends 31.002(a), CPRC, to eliminate one of the grounds upon which a judgment creditor can obtain injunctive or other relief from a court of appropriate jurisdiction to obtain satisfaction of a judgment. The bill deletes 31.002(a)(1), which currently allows a judgment creditor to obtain relief if the judgment debtor owns property “that cannot be readily attached or levied on by ordinary legal process.” The bill retains current law subsection (b), which allows such relief if the property is not exempt from attachment, execution, or seizure.

 

Bill History: 04-14-15 H Committee action pending House Judiciary and Civil Jurisprudence

HB 605 Davis, Sarah(R) Relating to a franchise tax credit for taxable entities that pay employees during jury selection or jury service.

 

Remarks: Jury MattersGrants a franchise tax credit to a taxable entity that pays an employee his or her regular salary or wage if the employee is absent from work to attend jury selection or jury service.

 

Bill History: 02-19-15 H Introduced and referred to committee on House Ways and Means

HB 610 Davis, Sarah(R) Relating to the statute of limitations for an action on a credit card account.

 

Remarks: Statutes of LimitationAmends 16.004(c), CPRC, to apply the four-year statute of limitations to a suit on a credit card account. For purposes of the limitations period, a cause of action accrues on a credit card account on the 180th day after the date of the last payment on the account.

 

Bill History: 03-03-15 H Not heard in committee House Judiciary and Civil Jurisprudence

HB 627 Johnson, Eric(D) Relating to the prohibition of employment discrimination on the basis of sexual orientation or gender identity or expression.

 

Remarks: Employment LawMakes it an unlawful employment practice for employers, employment agencies, labor organizations, joint labor-management committees, and political subdivisions to discriminate against an individual based on sexual orientation or gender identity or expression.

 

Bill History: 02-19-15 H Introduced and referred to committee on House State Affairs

HB 629 Bonnen, Greg(R) Relating to a person’s ability to read and write in English as a qualification for service as a petit juror.

 

Remarks: Jury MattersMakes the ability to speak English a qualification for jury service. Allows a challenge for cause in a criminal matter based on the inability of a potential juror to speak English. Allows a court to suspend the requirement if the requisite number of jurors able to speak or write English are not available in the county. Repeals the exemption provision for a person unable to speak English.

 

Bill History: 02-19-15 H Introduced and referred to committee on House Criminal Jurisprudence

HB 630 Bonnen, Greg(R) Relating to requiring state contractors and governmental entities to participate in the federal electronic verification of work authorization program, or E-Verify.

 

Bill History: 02-26-15 H Introduced and referred to committee on House State Affairs

HB 652 Isaac, Jason(R) Relating to the Texas Emissions Reduction Plan.

 

Companions:
SB 603 Hinojosa, Chuy (Identical)
4-10-15 H Received in the House

 

Bill History: 02-19-15 H Introduced and referred to committee on House Environmental Regulation

HB 668 Farney, Marsha(R) Relating to the franchise tax liability of certain taxable entities.

 

Remarks: Franchise TaxChanges the franchise tax from a tax on gross revenue to a tax on business income as reported to the IRS.

 

Bill History: 02-19-15 H Introduced and referred to committee on House Ways and Means

HB 674 Dutton, Harold(D) Relating to permitting a residency requirement for police officers in certain municipalities.

 

Remarks: Civil Procedure/EvidenceProhibits a court, arbitrator, or administrative adjudicator from applying foreign law if that law violates a right guaranteed by the federal or Texas constitution. The bill further prohibits parties to a contract from agreeing on the application of foreign law to a dispute or from selecting a foreign forum if that law, or the law to be applied by the foreign forum, violate a right guaranteed by the federal or Texas constitution.. Finally, the bill bars a court from dismissing a case on the grounds of forum non conveniens if the foreign law that would be applied in the forum would violate a right guaranteed by the federal or Texas constitution.

 

Bill History: 03-19-15 H Committee action pending House Select on Emerging Issues in Law Enforc

HB 684 Sheets, Kenneth(R) Relating to the authority of a county to adopt a fire code.

 

Companions:
HB 924 Guillen, Ryan (Identical)
2-25-15 H Introduced and referred to committee on House County Affairs
SB 327 Hinojosa, Chuy (Identical)
2- 2-15 S Introduced and referred to committee on Senate Intergovernmental Relations

 

Bill History: 04-16-15 H Voted favorably from committee on House County Affairs

HB 687 Sheets, Kenneth(R) Relating to confidential communications between an insurance carrier and a covered employer under the Texas Workers’ Compensation Act.

 

Remarks: Civil Procedure/EvidenceAmends 409.011, Labor Code, to make confidential and protect from disclosure communications between an insurance carrier and a covered employer if the communication includes information regarding mental impressions, conclusions, opinions, claims handling strategies, legal theories regarding the claim, claim status, claim reserves, or proprietary business practices of the carrier or employer. A reference to an insurance carrier or covered employer includes the carrier’s or employer’s attorneys, consultants, sureties, indemnitors, third-party administrators, and other agents. Confidentiality does not cover communications between the carrier and employer that are offered as evidence in a judicial proceeding between the carrier and employer, communications made to the carrier by the employer in violation of 415.002(6), Labor Code (carrier commits an administrative violation if it allows the employer to dictate handling or settling the claim), and public records under the Open Records Act. The bill does not affect the requirement to exchange documentation under Chapter 410, Labor Code (adjudication of disputes), or the right of the commissioner to obtain information from the carrier or employer under Chapter 414. The bill reverses the Texas Supreme Court’s decision in In re XL Specialty Insurance Company and Cambridge Integrated Services Group, Inc. (No. 10-960, June 29, 2012).

 

Bill History: 03-24-15 H Committee action pending House Business and Industry

HB 689 Walle, Amando(D) Relating to required workers’ compensation insurance coverage for building and construction contractors.

 

Companions:
SB 155 Rodriguez, Jose (Identical)
1-27-15 S Introduced and referred to committee on Senate Business and Commerce

 

Remarks: Remarks copied from: TX84RSB 155 (01-23-2015 – 11:19:48)
Workers’ CompensationAmends 406.906, Labor Code, to require contractors and subcontractors to carry workers’ compensation insurance for their employees. The bill also requires each contractor and subcontractor on a public project to submit written certification of its workers’ compensation coverage.

 

Bill History: 04-07-15 H Committee action pending House Business and Industry

HB 690 Walle, Amando(D) Relating to injury and occupational disease reporting requirements for employers who do not obtain or otherwise provide workers’ compensation insurance coverage.

 

Companions:
SB 263 Ellis, Rodney (Identical)
1-28-15 S Introduced and referred to committee on Senate Business and Commerce

 

Remarks: Remarks copied from: TX84RSB 263 (01-23-2015 – 11:17:21)
Workers’ CompensationRequires a non-subscribing employer to report certain information to the Workers’ Compensation Division, including: the total cost of medical treatment paid, the number of days the employee was absent from work, the amount of any wage replacement paid to the employee, and the amount of any other settlement paid to the employee. The report must reflect the total amount of payments for each injury or occupational disease during the one-year period following the date on which the injury occurred or the employer had knowledge of the occupational disease.

 

Bill History: 04-07-15 H Committee action pending House Business and Industry

HB 696 Hunter, Todd(R) Relating to the operation of the Texas Windstorm Insurance Association.

 

Remarks: TWIAMakes numerous changes to TWIA, including:
– Requires payment of excess losses from Class 1 assessments of TWIA members (not to exceed $500 million in a catastrophe year)
– Losses above the assessment amount may be paid from 10-year public securities (not to exceed $500 million in a catastrophe year, less depletion of previously issued public securities)
– Losses above that amount may be paid from Class 2 assessments of TWIA members (not to exceed $500 million), followed by another $500 million in Class 2 public securities if necessary; if losses still exceed amounts raised through assessments and public securities, the bill authorizes an additional $1 billion in Class 3 public securities
– Changes the TWIA board from commissioner to gubernatorial appointment; reduces the number of insurance industry representatives from 4 to 3 and requires them to actively write or renew windstorm policies on the coast
– Reduces the number of members from Tier 1 coastal counties from 4 to 3 and distributes those members from the upper to the lower coast;
– One member must be a construction engineer from a Tier 2 coastal county and one member must be a representative of the financial industry from a Tier 2 coastal county;
– Effective 1/1/16, an applicant for new association coverage who currently has private coverage must provide information regarding existing coverage;
– Requires TWIA to reduces its exposure by 20% in 2018, 35% in 2020, 45% in 2022, 55% in 2024, and 60% in 2026;
– If TWIA doesn’t meet these levels, it must take steps, including the imposition of assessments of up to $200 million, to achieve them;
– Prohibits a member from recouping exposure reduction assessments through premium surcharges or tax credits;
– Requires the commissioner to submit semi-annual reports to a legislative oversight committee detailing the amount of TWIA’s total insured exposure and other information;
– Requires TWIA annually to set aside 30% of the association’s earned premium for the prior year for deposit into a reserve trust fund;
– Authorizes TWIA to use up to $1 billion in alternative risk financing mechanisms and to purchase additional reinsurance via member assessment of the lesser of $800 million or an amount sufficient to fund a probably maximum lost for a catastrophe year with a probability of 1 in 100;
– Allows an insurer with primary coverage on property loss by fire to adjust all claims made on an association policy covering the same property;
– Authorizes TWIA to repay Class 1, 2, and 3 public securities with a statewide premium surcharge on property & casualty lines, if net premium and other revenue are not sufficient;
– Abolishes the old TWIA board effective 11/1/15 and requires the governor to appoint a new board effective on that date.

 

Bill History: 02-23-15 H Introduced and referred to committee on House Insurance

HB 702 Allen, Alma(D) Relating to discrimination against an individual with a criminal record by a life insurance company.

 

Remarks: InsuranceProhibits a life insurance company from discriminating against a person based on the person’s criminal record.

 

Bill History: 02-23-15 H Introduced and referred to committee on House Insurance

HB 737 Aycock, Jimmie Don(R) Relating to the creation of regional emergency communications districts.

 

Companions:
SB 532 Fraser, Troy (Identical)
2-18-15 S Introduced and referred to committee on Senate Intergovernmental Relations

 

Remarks: Tort LiabilityAuthorizes the creation of regional emergency communication districts in state planning regions with populations of less than 500,000. Provides immunity for a service supplier involved in providing 9-1-1 service, a manufacturer of equipment used in providing 9-1-1 service, or an officer or employee of a service supplier involved in providing 9-1-1 service for any claim, damage of loss arising from the provision of 9-1-1 service unless the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct.

 

Bill History: 04-08-15 H Voted favorably from committee as substituted House Special Purpose Districts

HB 738 Larson, Lyle(R) Relating to the regulation by a municipality or county of the rental or leasing of housing accommodations.

 

Companions:
HB 2909 Springer, Drew (Identical)
4-14-15 H Meeting set for 10:30 A.M. OR ADJ., E2.028, House Urban Affairs
SB 267 Perry, Charles (F) (Identical)
4- 8-15 H Received in the House

 

Remarks: Sovereign Immunity/Governmental Immunity/Local GovernmentProhibits a city or county from adopting an ordinance or regulation barring an owner or other person having the right to lease housing from refusing to lease to a person because of the person’s lawful source of income to pay rent, including a federal housing choice voucher.

 

Bill History: 02-26-15 H Introduced and referred to committee on House Urban Affairs

HB 750 Frullo, John(R) Relating to a landowner’s liability for certain aviation activities on the owner’s land.

 

Remarks: Tort LiabilityAmends Chapter 75, CPRC, which provides liability protection for private landowners, to include aviation activities in the list of activities to which limited liability applies. In order to qualify for limited liability, the landowner must maintain a landing strip that is available to the public without charge.

 

Bill History: 04-16-15 H Reported from committee as substituted House Judiciary and Civil Jurisprudence

HB 760 Zedler, Bill(R) Relating to the eligibility of certain physicians to provide and receive remuneration for workers’ compensation health care services.

 

Bill History: 04-07-15 H Committee action pending House Business and Industry

HB 770 King, Susan(R) Relating to civil liability for the provision of an alcoholic beverage to a minor.

 

Remarks: Tort LiabilityAmends 2.02(c), Alcoholic Beverage Code, which imposes liability on a person who serves alcohol to a minor, to raise the age of minority from under 18 to under 21.

 

Bill History: 02-23-15 H Introduced and referred to committee on Licensing and Administrative Procedures

HB 772 Gutierrez, Roland(D) Relating to the limitations period for bringing an action arising from certain insurance claims.

 

Remarks: Statutes of LimitationAmends Chapter 542, Insurance Code, to add a four-year limitations period for first-party suits against insurers alleging unfair claims settlement practices. The limitations period runs from the earlier of the date of rejection of the claim or the act or omission giving rise to the cause of action under Chapter 542.

 

Bill History: 02-23-15 H Introduced and referred to committee on House Insurance

HB 773 Gutierrez, Roland(D) Relating to the use by certain insurers of forms that are not approved by the Texas Department of Insurance.

 

Bill History: 02-23-15 H Introduced and referred to committee on House Insurance

HB 776 Riddle, Debbie(R) Relating to the creation of a public integrity unit in the office of the attorney general to prosecute offenses against public administration, including ethics offenses, and offenses involving insurance fraud.

 

Remarks: InsuranceEstablishes the Public Integrity Unit in the Office of the Attorney General and gives the Unit authority to prosecute criminal and civil offenses against public administration, insurance fraud, and motor fuels taxes. Venue for prosecutions is in the county in which the defendant resides.

 

Bill History: 02-26-15 H Introduced and referred to committee on House General Investigating and Ethics

HB 801 King, Ken(R) Relating to planning for the use of and liability resulting from prescribed burns by the Parks and Wildlife Department.

 

Remarks: Sovereign Immunity/Governmental Immunity/Local GovernmentRequires the Parks & Wildlife Commission to adopt plans for prescribed burns on land owned by the department, subject to review by the Prescribed Burning Board of the Texas Department of Agriculture. Requires the department to give neighboring landowners and local officials notice of a prescribed burn in their area. Requires the department to purchase liability insurance or provide self-insurance to protect the department and its employees from claims resulting from death, bodily injury, or property damage caused by the burn. Makes the department liable for death, bodily injury, or property damage resulting from a wrongful act, omission, or negligence by a department employee acting within the scope of employment if: (1) the injury arises from the escape of fire from the prescribed burn; (2) the employee would be personally liable to the claimant under Texas law; and (3) the department would be liable to the claimant, if it were a private person. Provides that a claim brought under this subchapter precludes a suit under the Tort Claims Act. Applies the procedural requirements of the Tort Claims Act (Subchapter D) to a claim brought under this subchapter.

 

Bill History: 04-13-15 S Received in the Senate

HB 816 Dutton, Harold(D) Relating to creating a criminal offense for a candidate for public office who misrepresents the candidate’s residency.

 

Bill History: 04-13-15 H Committee action pending House Elections

HB 820 Thompson, Ed(R) Relating to liability for injury arising from certain motor vehicle accidents.

 

Remarks: Tort LiabilityAdds Chapter 72A, CPRC, to bar a person from recovering non-economic or exemplary damages in a claim arising from a motor vehicle accident if the person was operating the vehicle without liability insurance at the time of the accident. Does not apply if the claimant was injured by another person, if the other person was driving while intoxicated, fled the scene of the accident, was acting in furtherance of the commission of a felony, or whose willful act or omission or gross neglect caused the accident. Applies to a derivative claim, including a wrongful death claim for loss of consortium or companionship. Requires insurers, DPS driver’s license offices, and operators of defensive driving courses to post conspicuous notice of this provision. Does not prohibit the claimant from acting as personal representative of another person injured in the accident, as next friend.

 

Bill History: 03-03-15 H Committee action pending House Judiciary and Civil Jurisprudence

HB 828 Zedler, Bill(R) Relating to the application of foreign and international laws and doctrines in this state and requiring a court of this state to uphold and apply certain laws, including the doctrine requiring courts to refrain.

 

Remarks: Civil Procedure/EvidenceProhibits a court, arbitrator, or administrative adjudicator from basing a ruling or a decision on a foreign or international law or doctrine, or on a prior ruling or decision based on a foreign or international law or doctrine; specifically requires a court to uphold and apply the church autonomy doctrine

 

Bill History: 02-23-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

HB 850 Goldman, Craig(R) Relating to the repeal of the franchise tax.

 

Companions:
SB 105 Estes, Craig (Identical)
3- 3-15 S Committee action pending Senate Finance
SB 175 Huffines, Donald (F) (Identical)
1-27-15 S Introduced and referred to committee on Senate Finance

 

Remarks: Remarks copied from: TX84RSB 105 (01-23-2015 – 11:35:51)
Franchise TaxRepeals the franchise tax effective January 1, 2016.

 

Bill History: 03-02-15 H Introduced and referred to committee on House Ways and Means

HB 857 Sanford, Scott(R) Relating to the legislature’s goals for renewable electric generating capacity.

 

Bill History: 03-02-15 H Introduced and referred to committee on House State Affairs

HB 860 Rodriguez, Eddie(D) Relating to employer retaliation against employees who seek recovery of unpaid wages and procedures in wage claim hearings conducted by the Texas Workforce Commission.

 

Companions:
SB 151 Rodriguez, Jose (Identical)
1-27-15 S Introduced and referred to committee on Senate Natural Resources and Economic Develop

 

Remarks: Remarks copied from: TX84RSB 151 (01-23-2015 – 11:02:44)
Employment LawProhibits an employer from retaliating against an employee who in good faith files a claim to recover unpaid wages; allows an employee who is subject to an adverse employment action to bring suit against an employer in a district court for monetary and injunctive relief; if the employee prevails in the suit, the employee may recover reasonable damages, additional damages in the amount of the employee’s average wages for a two-week period plus $500, court costs and reasonable attorney’s fees; further entitles the prevailing employee to reinstatement to the employee’s former or comparable position, plus reinstatement of benefits and seniority; authorizes the Workforce Commission, a commission examiner, or a wage tribunal to assess an administrative penalty of $1,000 per violation against an employer who unlawfully retaliates against an employee who files a wage claim; creates a rebuttable presumption that the employee’s testimony regarding hours worked, pay rate, and earnings are correct, if the employer has violated wage reporting requirements; the employer may overcome the presumption by clear and convincing evidence of the employee’s hours, rate and earnings.

 

Bill History: 04-07-15 H Committee action pending House Business and Industry

HB 865 Dutton, Harold(D) Relating to the recording of certain grand jury proceedings that involve a peace officer.

 

Companions:
SB 411 Ellis, Rodney (Identical)
2- 4-15 S Introduced and referred to committee on Senate State Affairs

 

Bill History: 04-20-15 H Meeting set for 2:00 P.M. OR ADJ., JHR 120 – House Criminal Jurisprudence

HB 866 Thompson, Ed(R) Relating to the exemption from jury service of a person who is the primary caretaker of another person.

 

Remarks: Jury MattersAmends 62.106(a), Government Code, to clarify the exemption from jury service of the primary caretaker of a person who is unable to care for himself or herself. Deletes from current law the requirement that the person be “an invalid.”

 

Bill History: 04-16-15 H Voted favorably from committee on House Judiciary and Civil Jurisprudence

HB 868 Flynn, Dan(R) Relating to a defense to prosecution for and civil liability of an educator who uses force or deadly force to protect the educator’s person, students of the school, or property of the school, and suspension of a student.

 

Remarks: Tort LiabilityProvides immunity from suit under 83.001, CPRC, for an educator who uses force or deadly force on school property in defense of the educator, students, or school property. 83.001 provides immunity for the use of force or deadly force that is justified under Chapter 9, Penal Code.Anchor

 

Bill History: 03-04-15 H Introduced and referred to committee on House Public Education

HB 876 Phelan, Dade (F)(R) Relating to the method of payment for regulated material purchased by a metal recycling entity.

 

Companions:
SB 437 Creighton, Brandon (F) (Identical)
2- 9-15 S Introduced and referred to committee on Senate Natural Resources and Economic Develop

 

Bill History: 03-04-15 H Introduced and referred to committee on House Environmental Regulation

HB 889 Dale, Tony(R) Relating to requiring state contractors to participate in the federal electronic verification of employment authorization program, or E-verify.

 

Companions:
SB 401 Schwertner, Charles (Identical)
2- 4-15 S Introduced and referred to committee on Senate Business and Commerce

 

Bill History: 03-05-15 H Introduced and referred to committee on House State Affairs

HB 891 Klick, Stephanie(R) Relating to establishing an interstate voter registration crosscheck program.

 

Bill History: 04-14-15 H Reported favorably from committee on House Elections

HB 896 Hernandez, Ana(D) Relating to the prosecution of the offense of breach of computer security.

 

Companions:
SB 345 Huffman, Joan (Identical)
4-15-15 H Referred to House Committee on House Criminal Jurisprudence

 

Bill History: 04-17-15 H Passed (Vote: Y:139/N: 0)

HB 899 Fallon, Pat(R) Relating to the application of foreign laws and foreign forum selection in certain family law proceedings.

 

Bill History: 04-14-15 H Not heard in committee House Judiciary and Civil Jurisprudence

HB 910 Phillips, Larry(R) Relating to the authority of a person who is licensed to carry a handgun to openly carry a holstered handgun.

 

Companions:
SB 17 Estes, Craig (Identical)
3-18-15 H Received in the House
SB 346 Estes, Craig (Identical)
2- 9-15 S Removed from hearing 02/12/15, Senate State Affairs

 

Bill History: 04-17-15 H Set on the House Calendar

HB 912 Isaac, Jason(R) Relating to the dismissal of protests against certain decisions and actions of the Texas Commission on Environmental Quality regarding wastewater discharge permits.

 

Bill History: 03-24-15 H Committee action pending House Environmental Regulation

HB 913 Israel, Celia (F)(D) Relating to the requirements pertaining to a ballot to be voted by mail and materials accompanying the official carrier envelope.

 

Bill History: 04-20-15 H Meeting set for 2:00 P.M. OR ADJ., E1.026 – House Elections

HB 920 Sheets, Kenneth(R) Relating to additional primary election ballot information for judicial candidates.

 

Companions:
SB 286 West, Royce (Identical)
1-28-15 S Introduced and referred to committee on Senate State Affairs

 

Bill History: 04-14-15 H Committee action pending House Judiciary and Civil Jurisprudence

HB 922 Leach, Jeff(R) Relating to the authority of a person who is licensed to carry a handgun to openly carry the handgun.

 

Bill History: 02-25-15 H Introduced and referred to committee on House Homeland Security and Public Safety

HB 924 Guillen, Ryan(D) Relating to the authority of a county to adopt a fire code.

 

Companions:
HB 684 Sheets, Kenneth (Identical)
4-16-15 H Voted favorably from committee on House County Affairs
SB 327 Hinojosa, Chuy (Identical)
2- 2-15 S Introduced and referred to committee on Senate Intergovernmental Relations

 

Bill History: 02-25-15 H Introduced and referred to committee on House County Affairs

HB 937 Fletcher, Allen(R) Relating to the carrying of concealed handguns on the campuses of and certain other locations associated with institutions of higher education.

 

Companions:
SB 11 Birdwell, Brian (Identical)
3-20-15 H Received in the House

 

Bill History: 04-13-15 H Reported from committee as substituted House Homeland Security and Public Safety

HB 940 Fallon, Pat(R) Relating to the investigation and prosecution of offenses against public administration, including ethics offenses, offenses involving insurance fraud, and offenses involving motor fuels tax.

 

Bill History: 02-26-15 H Introduced and referred to committee on House General Investigating and Ethics

HB 942 Kacal, Kyle(R) Relating to the storage of certain hazardous chemicals.

 

Companions:
SB 528 Birdwell, Brian (Identical)
2-18-15 S Introduced and referred to committee on Senate Natural Resources and Economic Develop

 

Bill History: 04-14-15 H Voted favorably from committee as substituted House Environmental Regulation

HB 944 Kacal, Kyle(R) Relating to the authority of a person who is licensed to carry a handgun to openly carry the handgun.

 

Bill History: 03-02-15 H Introduced and referred to committee on House Homeland Security and Public Safety

HB 947 Workman, Paul(R) Relating to the authority of certain political subdivisions to change the date of their general elections.

 

Companions:
SB 733 Fraser, Troy (Identical)
4-20-15 S Meeting set for 12:00 P.M., SENATE CHAMBER, Senate State Affairs

 

Bill History: 04-20-15 H Meeting set for 2:00 P.M. OR ADJ., E1.026 – House Elections

HB 956 Turner, Chris(D) Relating to the scope of a health care liability claim.

 

Remarks: Narrows the scope of a health care liability claim.

 

Bill History: 04-14-15 H Not heard in committee House Judiciary and Civil Jurisprudence

HB 968 Hernandez, Ana(D) Relating to civil liability of shareholders and members of certain legal entities that engage in the trafficking of persons.

 

Companions:
SB 1848 Garcia, Sylvia (Identical)
3-25-15 S Introduced and referred to committee on Senate State Affairs

 

Bill History: 03-25-15 H Recommended for Local and Consent Calendar

HB 969 King, Ken(R) Relating to the availability and use of certain evidence in connection with an award of exemplary damages.

 

Companions:
SB 735 Fraser, Troy (Identical)
4-13-15 S Committee action pending Senate State Affairs

 

Remarks: Net Worth Evidence. Provides that the financial condition or net worth of a party is not relevant for the purposes of supporting a claim for, or the amount of, exemplary damages and, therefore, is not discoverable or admissible as evidence.

 

Bill History: 04-14-15 H Committee action pending House Judiciary and Civil Jurisprudence

HB 972 Geren, Charlie(R) Relating to reporting of expenditures by persons registered as lobbyists.

 

Bill History: 03-18-15 H Committee action pending House State Affairs

HB 985 Villalba, Jason(R) Relating to mental health screening for public school students who may be a danger to self or others and to suspension or educational placement of those students.

 

Bill History: 03-02-15 H Introduced and referred to committee on House Public Education

HB 997 Davis, Yvonne(D) Relating to certain duties of employers voluntarily participating in the federal E-Verify program and of the Texas Workforce Commission in regard to the E-Verify program.

 

Bill History: 03-05-15 H Introduced and referred to committee on House State Affairs

HB 1020 Giddings, Helen(D) Relating to credit services organizations and extensions of consumer credit facilitated by credit services organizations.

 

Companions:
SB 121 West, Royce (Identical)
1-27-15 S Introduced and referred to committee on Senate Business and Commerce

 

Bill History: 03-02-15 H Introduced and referred to committee on House Investments and Financial Services

HB 1040 Paddie, Chris(R) Relating to the liability of certain sports officials and organizations.

 

Bill History: 04-13-15 H Recommended for Local and Consent Calendar

HB 1041 Collier, Nicole(D) Relating to administrative and judicial review of certain Medicaid reimbursement disputes.

 

Bill History: 04-20-15 H Meeting set for 2:00 P.M. OR ADJ., E2.030 – House Human Services

HB 1046 Collier, Nicole(D) Relating to disclosure of information regarding and conditions for payment of death benefits under certain policies, contracts, and group benefit plans.

 

Bill History: 03-02-15 H Introduced and referred to committee on House Insurance

HB 1047 Workman, Paul(R) Relating to a franchise tax credit for entities that employ certain students in certain paid internship or similar programs.

 

Companions:
SB 1248 West, Royce (Identical)
4-21-15 S Meeting set for 9:00 A.M., E1.036, Senate Finance

 

Bill History: 03-04-15 H Introduced and referred to committee on House Ways and Means

HB 1059 Turner, Chris(D) Relating to the contents of and public access to personal financial statements filed by public officials and candidates.

 

Bill History: 04-07-15 H Reported from committee as substituted House General Investigating and Ethics

HB 1091 Schofield, Mike (F)(R) Relating to the creation of a special three-judge district court.

 

Companions:
SB 455 Creighton, Brandon (F) (Identical)
4-20-15 S Meeting set for 12:00 P.M., SENATE CHAMBER, Senate State Affairs

 

Bill History: 04-16-15 H Voted favorably from committee as substituted House Judiciary and Civil Jurisprudence

HB 1102 Thompson, Senfronia(D) Relating to the statute of limitations for a suit for personal injury arising from certain offenses constituting sexual abuse of a child.

 

Companions:
SB 113 Taylor, Van (F) (Identical)
1-27-15 S Introduced and referred to committee on Senate State Affairs

 

Remarks: Statutes of LimitationAmends 16.0045, CPRC, to eliminate the 5-year statute of limitation for personal injury actions arising from the sexual assault of a child or sexual misconduct with a child.

 

Bill History: 04-14-15 H Committee action pending House Judiciary and Civil Jurisprudence

HB 1113 Clardy, Travis(R) Relating to the standard of review for a determination of standing in a contested case hearing conducted by the Texas Commission on Environmental Quality.

 

Companions:
SB 941 Creighton, Brandon (F) (Identical)
3- 9-15 S Introduced and referred to committee on Senate Natural Resources and Economic Develop

 

Remarks: TCJL PROGRAM: STANDING IN CONTESTED CASES ON ENVIRONMENTAL PERMITS. Codifies recent Texas case law upholding the Texas Commission on Environmental Quality’s discretion to grant or deny requests for contested-case hearings on permit applications. Specifically, HB 1113 places into statute the well-developed “abuse of discretion” standard that has long been part of Texas administrative law and has recently been reaffirmed by the Austin Court of Appeals in multiple decisions. The bill is necessary because recent litigation by some environmental groups has challenged TCEQ’s discretionary authority over requests for contested-case hearings. These lawsuits have urged the courts to restrict the agency’s authority to determine whether a party is entitled to a contested-case hearing under statutory standards enacted by the Texas Legislature. Though these challenges have ultimately been unsuccessful, they continue to cause unnecessary and costly delays in permitting and divert agency and judicial resources.

 

Bill History: 03-31-15 H Committee action pending House Environmental Regulation

HB 1114 Gonzales, Larry(R) Relating to the authority with whom certain political committees must file reports of political contributions and expenditures.

 

Bill History: 04-13-15 H Committee action pending House Elections

HB 1116 Sheffield, J.D.(R) Relating to the liability of certain social workers who provide volunteer health care services to charitable organizations.

 

Companions:
SB 378 Rodriguez, Jose (Identical)
3-31-15 H Received in the House

 

Bill History: 04-16-15 H Voted favorably from committee on House Judiciary and Civil Jurisprudence

HB 1118 Schofield, Mike (F)(R) Relating to certain persons’ entitlement to public information.

 

Bill History: 04-22-15 H Meeting set for 2:00 P.M. OR ADJ., E1.014 – House Government Transparency and Operation

HB 1122 Clardy, Travis(R) Relating to the number of jurors required in certain civil cases pending in a statutory county court.

 

Companions:
SB 824 Huffman, Joan (Identical)
4-16-15 H Received in the House

 

Remarks: 12 Person Juries. All cases heard in county courts at law are tried before six-person juries, whereas all cases heard in state district courts are tried before standard twelve-person juries. If a county court at law is hearing a civil case in which more than $200,000 is in dispute, the court should be required to impanel a twelve-person jury.

 

Bill History: 03-25-15 H Recommended for Local and Consent Calendar

HB 1124 Workman, Paul(R) Relating to adjudication of claims arising from written contracts with state agencies.

 

Bill History: 04-14-15 H Committee action pending House Judiciary and Civil Jurisprudence

HB 1152 Turner, Scott(R) Relating to the phaseout and repeal of the franchise tax.

 

Companions:
SB 138 Perry, Charles (F) (Identical)
3- 3-15 S Committee action pending Senate Finance

 

Remarks: Franchise TaxPhases out the franchise tax by 25% per year beginning January 1, 2016.

 

Bill History: 03-03-15 H Introduced and referred to committee on House Ways and Means

HB 1171 Farney, Marsha(R) Relating to the applicability of certain immunity and liability laws to open-enrollment charter schools.

 

Companions:
SB 1569 Lucio, Eddie (Identical)
3-23-15 S Introduced and referred to committee on Senate Education

 

Bill History: 04-07-15 H Committee action pending House Public Education

HB 1177 Miller, Rick(R) Relating to the acceptance of a voter at a polling place.

 

Companions:
SB 985 Bettencourt, Paul (F) (Identical)
3-10-15 S Introduced and referred to committee on Senate State Affairs

 

Bill History: 03-23-15 H Committee action pending House Elections

HB 1179 Geren, Charlie(R) Relating to the duties of certain law enforcement officials under procedures regulating the making or transfer of firearms.

 

Companions:
SB 476 Kolkhorst, Lois (F) (Identical)
4-20-15 S Placed on the Senate Calendar for

 

Bill History: 03-12-15 H Reported favorably from committee on House Homeland Security and Public Safety

HB 1198 Israel, Celia (F)(D) Relating to an application for a ballot to be voted by mail.

 

Bill History: 03-03-15 H Introduced and referred to committee on House Elections

HB 1199 Simpson, David(R) Relating to producing, selling, distributing, or promoting certain synthetic substances as a violation of the Deceptive Trade Practices-Consumer Protection Act.

 

Bill History: 04-21-15 H Meeting set for 2:00 P.M. OR ADJ., E2.016 – House Business and Industry

HB 1200 Simpson, David(R) Relating to civil liability of a person who produces, distributes, sells, or provides or aids in the production, distribution, sale, or provision of certain synthetic substances to another person for damages caused by the ot

 

Companions:
SB 1629 Whitmire, John (Identical)
3-23-15 S Introduced and referred to committee on Senate State Affairs

 

Bill History: 04-14-15 H Committee action pending House Judiciary and Civil Jurisprudence

HB 1203 Murr, Andrew (F)(R) Relating to limited liability for an agritourism entity involved in an agritourism activity.

 

Companions:
SB 610 Perry, Charles (F) (Identical)
3-20-15 H Received in the House

 

Bill History: 03-18-15 H Committee action pending House Agriculture and Livestock

HB 1206 Huberty, Dan(R) Relating to the disclosure of certain information under a consolidated insurance program.

 

Companions:
SB 1081 Creighton, Brandon (F) (Identical)
4-14-15 S Voted favorably from committee on Senate Business and Commerce

 

Bill History: 03-25-15 H Committee action pending House Insurance

HB 1208 Bell, Cecil(R) Relating to lender notice to contractors regarding a construction loan or financing agreement for the improvement of real property and related procedures for suspending contractors’ and subcontractors’ performance.

 

Bill History: 04-14-15 H Committee action pending House Business and Industry

HB 1239 Walle, Amando(D) Relating to the provision of accounting statements by mortgage servicers for certain loans secured by a lien on residential real property.

 

Bill History: 04-08-15 H Committee action pending House Investments and Financial Services

HB 1247 Smith, Wayne(R) Relating to presumptions in contested case hearings regarding certain environmental permit applications.

 

Remarks: TCJL PROGRAM: PROCEDURES IN CONTESTED CASES ON ENVIRONMENTAL PERMITS. Under current practice in contested case hearings on environmental permits, a permit applicant, who has already presented all the technical and other evidence on the entire permit through the lengthy (and costly) review at the agency and received a draft permit, must do the same thing again before the State Office of Administrative Hearings. As it stands today, the applicant must prove its case twice: once to the commission staff and then again to an administrative law judge who has not been privy to the lengthy and exhaustive technical review already conducted by the staff. The proposed legislation would require the party asking for the contested case hearing in the first place to demonstrate the specific parts of the draft permit that violate environmental laws or standards, followed by the applicant’s rebuttal evidence. Under the proposed legislation, the draft permit establishes a prima facie showing that it complies with all applicable laws and regulations. The protesting parties should have to rebut this showing by a preponderance of the evidence to the contrary.

 

Bill History: 03-31-15 H Committee action pending House Environmental Regulation

HB 1257 Shaheen, Matt (F)(R) Relating to the use by a political subdivision of public money for lobbying activities or lobbyists.

 

Bill History: 04-09-15 H Committee action pending House General Investigating and Ethics

HB 1265 Wu, Gene(D) Relating to a deceptive act or practice related to an unsolicited advertisement of goods and services sent by mail.

 

Bill History: 03-31-15 H Reported from committee as substituted House Business and Industry

HB 1281 Rodriguez, Eddie(D) Relating to requiring reasonable workplace accommodations for and prohibiting discrimination against employees or applicants for employment with limitations related to pregnancy, childbirth, or a related condition.

 

Bill History: 03-04-15 H Introduced and referred to committee on House Business and Industry

HB 1288 Simmons, Ron(R) Relating to the elimination of straight-party voting.

 

Companions:
HB 1555 Meyer, Morgan (F) (Identical)
3- 9-15 H Introduced and referred to committee on House Elections

 

Bill History: 03-16-15 H Committee action pending House Elections

HB 1353 Geren, Charlie(R) Relating to a certificate of merit in certain actions against certain licensed or registered professionals.

 

Companions:
SB 1579 Fraser, Troy (Identical)
3-23-15 S Introduced and referred to committee on Senate State Affairs

 

Bill History: 03-17-15 H Committee action pending House Judiciary and Civil Jurisprudence

HB 1357 Sheets, Kenneth(R) Relating to certain title insurance policy liability and reinsurance requirements.

 

Companions:
SB 572 Eltife, Kevin (Identical)
4-10-15 H Received in the House

 

Bill History: 04-07-15 H Reported from committee as substituted House Insurance

HB 1367 Pena, Gilbert (F)(R) Relating to eliminating the wrongful birth and wrongful life causes of action.

 

Bill History: 03-09-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

HB 1370 Phillips, Larry(R) Relating to the allocation of certain motor vehicle sales tax revenue to the state highway fund and to the uses of that revenue.

 

Companions:
SB 5 Nichols, Robert (Identical)
4-15-15 H Referred to House Committee on House Transportation

 

Bill History: 04-09-15 H Committee action pending House Transportation

HB 1381 Moody, Joe(D) Relating to the employment of certain peace officers, detention officers, county jailers, or firefighters who are injured in the course and scope of duty.

 

Bill History: 03-24-15 H Committee action pending House Homeland Security and Public Safety

HB 1388 Bohac, Dwayne(R) Relating to certain diseases or illnesses suffered by firefighters and emergency medical technicians.

 

Companions:
SB 1768 Creighton, Brandon (F) (Identical)
3-24-15 S Introduced and referred to committee on Senate State Affairs

 

Bill History: 04-16-15 H Reported from committee as substituted House Homeland Security and Public Safety

HB 1390 Thompson, Senfronia(D) Relating to remedies for discrimination by a public employer against a public employee in connection with a claim for workers’ compensation.

 

Bill History: 04-16-15 H Voted favorably from committee on House Business and Industry

HB 1406 Sheets, Kenneth(R) Relating to the liability of a political subdivision of this state for certain claims relating to land acquired by the political subdivision under certain circumstances.

 

Companions:
SB 450 Schwertner, Charles (Identical)
4-16-15 H Received in the House

 

Bill History: 03-09-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

HB 1416 Raymond, Richard(D) Relating to recusal of a justice of the supreme court or judge of the court of criminal appeals based on political contributions accepted by the justice or judge from a person involved in a case.

 

Bill History: 03-09-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

HB 1419 Clardy, Travis(R) Relating to contested cases conducted under the Administrative Procedure Act.

 

Companions:
SB 1267 Estes, Craig (Identical)
3-17-15 S Introduced and referred to committee on Senate State Affairs

 

Bill History: 03-10-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

HB 1427 Raymond, Richard(D) Relating to a review of state laws requiring an action or proceeding to be brought in Travis County or a Travis County court.

 

Companions:
SB 524 Birdwell, Brian (Identical)
2-18-15 S Introduced and referred to committee on Senate Business and Commerce

 

Bill History: 04-02-15 H Reported favorably from committee on House General Investigating and Ethics

HB 1433 Smithee, John(R) Relating to prompt payment of health care claims, including payment for immunizations, vaccines, and serums.

 

Companions:
SB 843 Taylor, Larry (Identical)
3- 4-15 S Introduced and referred to committee on Senate Business and Commerce

 

Bill History: 04-16-15 H Vote failed in committee on House Judiciary and Civil Jurisprudence

HB 1455 King, Phil(R) Relating to procedures required before a condominium association files a suit or initiates an arbitration proceeding for a defect or design claim.

 

Companions:
SB 834 Creighton, Brandon (F) (Identical)
4-20-15 S Meeting set for 12:00 P.M., SENATE CHAMBER, Senate State Affairs

 

Remarks: Condo Defect Litigation

 

Bill History: 04-14-15 H Committee action pending House Judiciary and Civil Jurisprudence

HB 1492 Miller, Doug(R) Relating to consideration of asbestos or silica trust claims in certain actions asserting asbestos- or silica-related injuries.

 

Remarks: Asbestos Evidence Manipulation: Texas should address manipulation of the bankruptcy trust system of compensating claimants for asbestos-related diseases. Require that plaintiff lawyers file claims with bankruptcy trusts in advance of trial against defendants in litigation to assure honesty and transparency in litigation.

 

Bill History: 04-16-15 H Voted favorably from committee as substituted House Judiciary and Civil Jurisprudence

HB 1509 Sheets, Kenneth(R) Relating to the prosecution of the offense of unlawful carrying of weapons.

 

Companions:
SB 439 Hall, Bob (F) (Identical)
2- 9-15 S Introduced and referred to committee on Senate State Affairs

 

Bill History: 04-02-15 H Recommended for Local and Consent Calendar

HB 1515 Canales, Terry(D) Relating to the consideration by employers of the consumer credit reports or other credit information of employees and applicants for employment.

 

Bill History: 03-10-15 H Introduced and referred to committee on House Business and Industry

HB 1522 Farrar, Jessica(D) Relating to the prohibition of certain discrimination based on sexual orientation or gender identity or expression.

 

Bill History: 03-10-15 H Introduced and referred to committee on House State Affairs

HB 1531 Geren, Charlie(R) Relating to the making and receiving of referrals for legal services by certain legislators and executive officers.

 

Bill History: 04-07-15 H Reported from committee as substituted House General Investigating and Ethics

HB 1532 Geren, Charlie(R) Relating to quarterly reporting of political contributions and expenditures by certain candidates, officeholders, and political committees.

 

Companions:
SB 1631 Taylor, Van (F) (Identical)
3-23-15 S Introduced and referred to committee on Senate State Affairs

 

Bill History: 03-18-15 H Introduced and referred to committee on House State Affairs

HB 1550 Zerwas, John(R) Relating to the administration of epinephrine by pharmacists.

 

Companions:
SB 1361 Kolkhorst, Lois (F) (Identical)
3-18-15 S Introduced and referred to committee on Senate Health and Human Services

 

Bill History: 04-14-15 H Voted favorably from committee as substituted House Public Health

HB 1552 Craddick, Tom(R) Relating to oil and gas wells that traverse multiple tracts.

 

Companions:
SB 919 Fraser, Troy (Identical)
3- 9-15 S Introduced and referred to committee on Senate Natural Resources and Economic Develop

 

Bill History: 04-06-15 H Committee action pending House Energy Resources

HB 1555 Meyer, Morgan (F)(R) Relating to the elimination of straight-party voting.

 

Companions:
HB 1288 Simmons, Ron (Identical)
3-16-15 H Committee action pending House Elections

 

Bill History: 03-09-15 H Introduced and referred to committee on House Elections

HB 1556 Miller, Rick(R) Relating to prohibition of certain regulations by a county, municipality, or other political subdivision.

 

Companions:
SB 1155 Hall, Bob (F) (Identical)
3-17-15 S Introduced and referred to committee on Senate State Affairs

 

Bill History: 03-09-15 H Introduced and referred to committee on House Urban Affairs

HB 1564 White, James(R) Relating to the establishment of judicial donation trust funds to assist needy children and families appearing before justice and municipal courts.

 

Bill History: 03-09-15 H Introduced and referred to committee on House Juvenile Justice and Family Issues

HB 1582 Simpson, David(R) Relating to the disclosure of all compensation paid to current or former elected officers.

 

Bill History: 04-16-15 H Committee action pending House General Investigating and Ethics

HB 1603 Villalba, Jason(R) Relating to the creation of the chancery court and the court of chancery appeals to hear certain cases.

 

Bill History: 04-16-15 H Voted favorably from committee as amended House Business and Industry

HB 1620 Galindo III, Rick (F)(R) Relating to the prohibition of certain employment discrimination regarding an employee who is a volunteer emergency responder.

 

Companions:
SB 612 Burton, Konni (F) (Identical)
2-23-15 S Introduced and referred to committee on Senate Natural Resources and Economic Develop

 

Bill History: 03-09-15 H Introduced and referred to committee on House Business and Industry

HB 1642 Pickett, Joe(D) Relating to the rights, remedies, and liability of certain owners and operators of environmentally contaminated property.

 

Bill History: 03-09-15 H Introduced and referred to committee on House Environmental Regulation

HB 1668 Workman, Paul(R) Relating to the status of a subcontractor as an employee for the purposes of workers’ compensation insurance coverage.

 

Companions:
SB 666 Eltife, Kevin (Identical)
2-24-15 S Introduced and referred to committee on Senate Business and Commerce

 

Remarks: TCJL PROGRAM: OCIP CLARIFICATION. Despite case law to the contrary, a recent Corpus Christi Court of Appeals decision has opined that 406.122 and 406.123, Labor Code, which define when an independent contractor may be treated as an employee for purposes of workers’ compensation insurance coverage, conflict with each other. Under existing law, an independent contractor may be deemed to be an “employee” when the contractor is covered by a “wrap” workers’ compensation insurance policy that includes all the contractors and contractor employees on a worksite. The Corpus Christi case introduces unnecessary confusion into a well-established workers’ compensation insurance practice and should be corrected. The proposed legislation does not change existing law, but simply clarifies that the two statutes do not conflict.

 

Bill History: 04-07-15 H Committee action pending House Business and Industry

HB 1692 Sheets, Kenneth(R) Relating to the doctrine of forum non conveniens

 

Companions:
SB 1942 Huffman, Joan (Identical)
3-25-15 S Introduced and referred to committee on Senate State Affairs

 

Remarks: TCJL PROGRAM: TEXAS COURTS FOR TEXAS CASES. The doctrine of forum non conveniens allows a trial court to dismiss a lawsuit if another court is a more appropriate forum to hear the case because the suit has little or no connection to the state. Under Texas law, a court may not dismiss a case under the rule if the plaintiff is a Texas resident. A recent Texas Supreme Court decision, however, has opened a potential loophole in the Texas forum non conveniens rule. In a 5-4 decision, the Court allowed intervenors in a lawsuit filed in Hidalgo County on behalf of the estate of a non-Texas resident to claim Texas residency and keep the suit in Hidalgo Countydespite the fact that the underlying plaintiffs were from Mexico, the accident occurred in Mexico, the witnesses and evidence were all located in Mexico, and Mexican law likely applied to the accident. The proposed legislation will assure that only direct plaintiffs who are bona fide Texas residents can invoke the Texas residency exception to keep their cases in Texas courts.

 

Bill History: 04-16-15 H Voted favorably from committee as substituted House Judiciary and Civil Jurisprudence

HB 1732 Smithee, John(R) Relating to dispute resolution for certain claims arising under insurance policies issued by the Fair Access to Insurance Requirements (FAIR) Plan Association.

 

Bill History: 03-12-15 H Introduced and referred to committee on House Insurance

HB 1760 Geren, Charlie(R) Relating to maximum penalties for certain environmental violations.

 

Companions:
HB 1794 Geren, Charlie (Identical)
4- 9-15 H Reported from committee as substituted House Environmental Regulation

 

Remarks: TCJL PROGRAM: GOOD FAITH REMEDIATION. Recent lawsuits have sought to collect hundreds of millions of dollars of civil penalties against Texas businesses for alleged environmental violations going back for decadeseven though the businesses have been working with the Texas Commission on Environmental Quality to remediate the problem and, in some cases, did not even own the property when the alleged violations occurred. In one of the cases, a jury rejected the plaintiff’s argument that the business should pay billions even though it spent millions to clean up a mess that it inherited from another company. The proposed legislation will address this type of lawsuit abuse by assuring that businesses pay punitive civil penalties only for their own intentional conduct, not for the actions of others. The legislation will also assure that businesses that remediate in good faith will not be punished as long as they comply with applicable state enforcement orders.

 

Bill History: 03-16-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

HB 1766 Hunter, Todd(R) Relating to certain publications that are privileged and not grounds for a libel action.

 

Companions:
SB 627 Huffman, Joan (Identical)
4-20-15 S First placement on Senate Intent Calendar for

 

Bill History: 04-21-15 H Meeting set for 2:00 P.M. OR ADJ., E2.026 – House Judiciary and Civil Jurisprudence

HB 1794 Geren, Charlie(R) Relating to maximum penalties for certain environmental violations.

 

Companions:
HB 1760 Geren, Charlie (Identical)
3-16-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

 

Remarks: TCJL PROGRAM: GOOD FAITH REMEDIATION. Recent lawsuits have sought to collect hundreds of millions of dollars of civil penalties against Texas businesses for alleged environmental violations going back for decadeseven though the businesses have been working with the Texas Commission on Environmental Quality to remediate the problem and, in some cases, did not even own the property when the alleged violations occurred. In one of the cases, a jury rejected the plaintiff’s argument that the business should pay billions even though it spent millions to clean up a mess that it inherited from another company. The proposed legislation will address this type of lawsuit abuse by assuring that businesses pay punitive civil penalties only for their own intentional conduct, not for the actions of others. The legislation will also assure that businesses that remediate in good faith will not be punished as long as they comply with applicable state enforcement orders.

 

Bill History: 04-09-15 H Reported from committee as substituted House Environmental Regulation

HB 1815 Burrows, Dustin (F)(R) Relating to a prohibition of school district retaliation against a teacher for permissible teaching about the Bible.

 

Bill History: 03-12-15 H Introduced and referred to committee on House Public Education

HB 1865 Morrison, Geanie(R) Relating to environmental permitting procedures for applications filed with the Texas Commission on Environmental Quality

 

Companions:
SB 709 Fraser, Troy (Identical)
4-17-15 H Received in the House

 

Bill History: 04-17-15 H Reported from committee as substituted House Environmental Regulation

HB 1877 Springer, Drew(R) Relating to civil and criminal liability for the disclosure of certain visual material on the Internet.

 

Bill History: 03-11-15 H Introduced and referred to committee on House Criminal Jurisprudence

HB 1948 Meyer, Morgan (F)(R) Relating to individual indemnity health insurance.

 

Companions:
SB 979 Creighton, Brandon (F) (Identical)
4-10-15 H Received in the House

 

Bill History: 04-13-15 H Recommended for Local and Consent Calendar

HB 1955 Parker, Tan(R) Relating to false or misleading packaging, labeling, or advertising of certain abusable synthetic substances.

 

Companions:
SB 461 Perry, Charles (F) (Identical)
3-25-15 H Received in the House

 

Bill History: 04-08-15 H Committee action pending House Criminal Jurisprudence

HB 1962 Parker, Tan(R) Relating to the franchise tax and alternative revenue sources and spending priorities for this state.

 

Companions:
SB 186 Creighton, Brandon (F) (Identical)
3- 3-15 S Committee action pending Senate Finance

 

Remarks: Franchise TaxRepeals the franchise tax effective January 1, 2020; requires the Comptroller to study and recommend new taxes and spending cuts to replace the lost revenue.

 

Bill History: 03-12-15 H Introduced and referred to committee on House Ways and Means

HB 2062 Raymond, Richard(D) Relating to false claims against the state and actions by the state and private persons to prosecute those claims.

 

Remarks: TCJL OPPOSES Further review of this bill pending. Relating to false claims against the state and actions by the state and private persons to prosecute those claims. While designed to combat fraud involving state funds, this allows private bounty hunter plaintiffs to file lawsuits for “false” claims in the name of the State of Texas and override legal reform measures passed in the last 30 years. Allows defendants to be investigated without their knowledge for an extended period of time.  Allows suit even when the defendant had no actual knowledge of the conduct in question .

 

Bill History: 03-27-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

HB 2066 Oliveira, Rene(D) Relating to the rescission of nonjudicial foreclosure sales.

 

Bill History: 04-21-15 H Set on the House Calendar

HB 2142 Oliveira, Rene(D) Relating to corporations and fundamental business transactions.

 

Companions:
SB 860 Eltife, Kevin (Identical)
4-10-15 H Received in the House

 

Bill History: 04-15-15 H Postponed on second reading until 8:00 a.m., Wednesday,
April 29, 2015

HB 2154 Dutton, Harold(D) Relating to the functions and operation of the State Office of Administrative Hearings.

 

Companions:
SB 216 Birdwell, Brian (Identical)
3-10-15 S Introduced and referred to committee on Senate State Affairs

 

Bill History: 04-09-15 H Voted favorably from committee as substituted House Judiciary and Civil Jurisprudence

HB 2211 Wray, John (F)(R) Relating to agreed venue selection in civil actions.

 

Bill History: 03-13-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

HB 2239 Turner, Chris(D) Relating to prohibiting certain unsolicited mail by credit access businesses.

 

Bill History: 03-16-15 H Introduced and referred to committee on House Business and Industry

HB 2289 Parker, Tan(R) Relating to the security of the electric grid.

 

Bill History: 03-13-15 H Introduced and referred to committee on House State Affairs

HB 2292 Parker, Tan(R) Relating to the award of attorney’s fees in a judicial appeal of certain ad valorem tax determinations.

 

Bill History: 04-21-15 H Meeting set for 8:30 A.M., E2.010 – House Ways and Means

HB 2298 Pickett, Joe(D) Relating to prohibiting certain public places from excluding peace officers or special investigators from carrying weapons on the premises.

 

Bill History: 04-21-15 H Meeting set for 8:00 A.M., E2.014 – House Homeland Security and Public Safety

HB 2303 Kuempel, John(R) Relating to a landowner’s liability for injuries incurred during certain recreational activities.

 

Bill History: 04-14-15 H Committee action pending House Judiciary and Civil Jurisprudence

HB 2330 Zerwas, John(R) Relating to the right of a dentist to contract for certain services.

 

Companions:
SB 960 Uresti, Carlos (Identical)
3- 9-15 S Introduced and referred to committee on Senate Health and Human Services

 

Bill History: 03-16-15 H Introduced and referred to committee on House Public Health

HB 2333 Raymond, Richard(D) Relating to the duty of business entities to use an automated external defibrillator.

 

Bill History: 03-16-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

HB 2348 Price, Four(R) Relating to nondiscrimination against physicians in payment for telephone consultation services.

 

Bill History: 04-08-15 H Committee action pending House Insurance

HB 2354 Farney, Marsha(R) Relating to changing the date of the May uniform election.

 

Bill History: 04-14-15 H Recommended for Local and Consent Calendar

HB 2359 Bohac, Dwayne(R) Relating to prohibiting the Department of Public Safety from responding to bulk requests from the federal government for lists of individuals licensed to carry a concealed handgun.

 

Bill History: 04-14-15 H Committee action pending House Homeland Security and Public Safety

HB 2362 Pena, Gilbert (F)(R) Relating to the inclusion of a draft impact analysis in the notice of rules proposed by the Texas Commission on Environmental Quality.

 

Bill History: 03-13-15 H Introduced and referred to committee on House Environmental Regulation

HB 2364 Schofield, Mike (F)(R) Relating to the creation of an additional county criminal court at law in Harris County.

 

Companions:
SB 1710 Huffman, Joan (Identical)
3-23-15 S Introduced and referred to committee on Senate State Affairs

 

Bill History: 03-13-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

HB 2369 Rodriguez, Justin(D) Relating to the county courts at law in Bexar County.

 

Companions:
SB 909 Zaffirini, Judith (Identical)
4- 8-15 H Received in the House

 

Bill History: 04-21-15 H Meeting set for 2:00 P.M. OR ADJ., E2.026 – House Judiciary and Civil Jurisprudence

HB 2375 Dutton, Harold(D) Relating to liability of a governmental unit for personal injury and death caused by the governmental unit’s negligence.

 

Bill History: 03-13-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

HB 2379 Bohac, Dwayne(R) Relating to the liability of first responders who provide roadside assistance.

 

Bill History: 04-14-15 H Committee action pending House Judiciary and Civil Jurisprudence

HB 2390 Bohac, Dwayne(R) Relating to civil liability arising from an employee wellness program.

 

Bill History: 04-14-15 H Committee action pending House Judiciary and Civil Jurisprudence

HB 2393 Anchia, Rafael(D) Relating to additional compensation for a person wrongfully imprisoned.

 

Bill History: 03-13-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

HB 2405 Nevarez, Poncho(D) Relating to the notice given by a property owner prohibiting a concealed handgun license holder from carrying a handgun on certain property.

 

Bill History: 04-07-15 H Committee action pending House Homeland Security and Public Safety

HB 2408 Herrero, Abel(D) Relating to the composition of the board of directors of the Texas Windstorm Insurance Association.

 

Bill History: 03-13-15 H Introduced and referred to committee on House Insurance

HB 2409 Rodriguez, Eddie(D) Relating to the storage of firearms surrendered by a person subject to a magistrate’s order for emergency protection or protective order as a result of family violence, sexual assault or abuse, stalking.

 

Bill History: 03-13-15 H Introduced and referred to committee on House Criminal Jurisprudence

HB 2412 Lucio III, Eddie(D) Relating to automobile surcharges for payment of certain public securities of the Texas Windstorm Insurance Association.

 

Bill History: 03-13-15 H Introduced and referred to committee on House Insurance

HB 2414 Vo, Hubert(D) Relating to withdrawal and restriction plans for certain insurers.

 

Bill History: 03-13-15 H Introduced and referred to committee on House Insurance

HB 2418 Wray, John (F)(R) Relating to decedents’ estates.

 

Companions:
SB 995 Rodriguez, Jose (Identical)
4-16-15 S Committee action pending Senate State Affairs

 

Bill History: 03-13-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

HB 2439 Smith, Wayne(R) Relating to inspections and other activities conducted by engineers in connection with the issuance of certain windstorm and hail insurance.

 

Bill History: 04-16-15 H Passed on local calendar (Vote: Y:146/N: 0)

HB 2440 Paddie, Chris(R) Relating to the regulation of transportation network companies.

 

Bill History: 04-09-15 H Committee action pending House Transportation

HB 2445 White, James(R) Relating to conduct that constitutes the offense of displaying a firearm in a public place.

 

Bill History: 04-21-15 H Meeting set for 8:00 A.M., E2.014 – House Homeland Security and Public Safety

HB 2446 White, James(R) Relating to a study and report on online law schools and on the licensing of attorneys who obtain degrees through online or correspondence law schools or who become licensed through other nontraditional methods.

 

Bill History: 03-13-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

HB 2456 Schubert, Leighton (F)(R) Relating to the repeal of the franchise tax.

 

Bill History: 03-13-15 H Introduced and referred to committee on House Ways and Means

HB 2461 Rodriguez, Eddie(D) Relating to judicial review of wage claim decisions issued by the Texas Workforce Commission.

 

Bill History: 03-13-15 H Introduced and referred to committee on House Business and Industry

HB 2466 Collier, Nicole(D) Relating to the creation of a safety reimbursement program for employers in the Texas Workers Compensation system

 

Bill History: 04-16-15 H Voted favorably from committee as substituted House Business and Industry

HB 2470 Rodriguez, Eddie(D) Relating to liability insurance for ammonium nitrate operations.

 

Bill History: 04-07-15 H Committee action pending House Environmental Regulation

HB 2537 Vo, Hubert(D) Relating to an employee’s right to leave to care for a sibling with a serious health condition.

 

Bill History: 03-16-15 H Introduced and referred to committee on House Business and Industry

HB 2544 Lozano, Jose(R) Relating to adverse possession of real property by a cotenant heir against other cotenant heirs.

 

Bill History: 04-21-15 H Meeting set for 2:00 P.M. OR ADJ., E2.026 – House Judiciary and Civil Jurisprudence

HB 2573 Johnson, Eric(D) Relating to a deceptive trade practice related to the use of certain words to imply that a person who is not an attorney is authorized to practice law and the prosecution of a cause of action arising from that practice.

 

Bill History: 04-21-15 H Meeting set for 2:00 P.M. OR ADJ., E2.026 – House Judiciary and Civil Jurisprudence

HB 2581 Springer, Drew(R) Relating to governmental actions affecting private property rights in certain oil and gas wells.

 

Companions:
SB 809 Taylor, Van (F) (Identical)
3- 3-15 S Introduced and referred to committee on Senate Natural Resources and Economic Develop

 

Bill History: 03-16-15 H Introduced and referred to committee on House Energy Resources

HB 2590 Johnson, Eric(D) Relating to providing a remedy for fraud committed in certain real estate and stock transactions.

 

Bill History: 04-21-15 H Meeting set for 2:00 P.M. OR ADJ., E2.016 – House Business and Industry

HB 2615 Dutton, Harold(D) Relating to the office of independent ombudsman for the Department of Family and Protective Services.

 

Bill History: 03-17-15 H Introduced and referred to committee on House Juvenile Justice and Family Issues

HB 2619 Burkett, Cindy(R) Relating to the exercise of eminent domain by a toll project entity.

 

Companions:
SB 938 Kolkhorst, Lois (F) (Identical)
3- 9-15 S Introduced and referred to committee on Senate Transportation

 

Bill History: 03-16-15 H Introduced and referred to committee on House Transportation

HB 2633 Hernandez, Ana(D) Relating to the release of information regarding motor vehicle accidents.

 

Bill History: 04-16-15 H Voted favorably from committee as substituted House Judiciary and Civil Jurisprudence

HB 2801 Pena, Gilbert (F)(R) Relating to the use of a bathroom, locker room, or shower facility in a public school.

 

Bill History: 04-15-15 H Meeting set for 10:30 A.M. OR ADJ., JHR 140 – House State Affairs

HB 2802 Pena, Gilbert (F)(R) Relating to the use of public bathrooms, locker rooms, and shower facilities.

 

Bill History: 03-18-15 H Introduced and referred to committee on House State Affairs

HB 2816 Krause, Matt(R) Relating to legislative and judicial review of state agency rulemaking.

 

Companions:
SB 962 Taylor, Van (F) (Identical)
3-10-15 S Introduced and referred to committee on Senate State Affairs

 

Bill History: 03-16-15 H Introduced and referred to committee on House State Affairs

HB 2909 Springer, Drew(R) Relating to the regulation by a municipality or county of the rental or leasing of housing accommodations.

 

Companions:
HB 738 Larson, Lyle (Identical)
2-26-15 H Introduced and referred to committee on House Urban Affairs
SB 267 Perry, Charles (F) (Identical)
4- 8-15 H Received in the House

 

Remarks: Sovereign Immunity/Governmental Immunity/Local GovernmentProhibits a city or county from adopting an ordinance or regulation barring an owner or other person having the right to lease housing from refusing to lease to a person because of the person’s lawful source of income to pay rent, including a federal housing choice voucher.

 

Bill History: 04-14-15 H Meeting set for 10:30 A.M. OR ADJ., E2.028 – House Urban Affairs

HB 2949 Klick, Stephanie(R) Relating to advance directives, including do-not-resuscitate orders.

 

Companions:
SB 1546 Perry, Charles (F) (Identical)
3-23-15 S Introduced and referred to committee on Senate Health and Human Services

 

Bill History: 03-18-15 H Introduced and referred to committee on House State Affairs

HB 3053 Fletcher, Allen(R) Relating to complaints against a law enforcement officer or fire fighter.

 

Bill History: 04-23-15 H Meeting set for 10:30 A.M. OR ADJ., E2.030 – House Select on Emerging Issues in Law Enforc

HB 3058 Giddings, Helen(D) Relating to the threat or pursuit of criminal charges against a consumer in association with certain extensions of consumer credit.

 

Bill History: 03-24-15 H Introduced and referred to committee on House Investments and Financial Services

HB 3068 Paddie, Chris(R) Relating to the information required to be provided by a payor of proceeds from the sale of oil or gas from an oil or gas well to a payee on the request by the payee.

 

Companions:
SB 402 Estes, Craig (Identical)
2- 4-15 S Introduced and referred to committee on Senate Natural Resources and Economic Develop

 

Bill History: 03-23-15 H Introduced and referred to committee on House Energy Resources

HB 3079 Raymond, Richard(D) Relating to applicability of a statute of limitations to an action based on a right or remedy provided by the Texas Constitution.

 

Bill History: 03-23-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

HB 3084 Capriglione, Giovanni(R) Relating to the recovery of certain expenses by an electric utility in a ratemaking proceeding.

 

Companions:
SB 1271 West, Royce (Identical)
3-17-15 S Introduced and referred to committee on Senate Natural Resources and Economic Develop

 

Bill History: 03-23-15 H Introduced and referred to committee on House State Affairs

HB 3095 Thompson, Senfronia(D) Relating to durable powers of attorney and advance directives.

 

Bill History: 04-21-15 H Meeting set for 2:00 P.M. OR ADJ., E2.026 – House Judiciary and Civil Jurisprudence

HB 3151 Smith, Wayne(R) Relating to the licensing and regulation of pilots in certain ports.

 

Bill History: 04-09-15 H Not heard in committee House Transportation

HB 3166 Collier, Nicole(D) Relating to sovereign and governmental liability for workers’ compensation benefits and related relief.

 

Bill History: 03-24-15 H Introduced and referred to committee on House Business and Industry

HB 3168 Simmons, Ron(R) Relating to remedies for oppression of minority shareholders by directors of closely held corporations.

 

Bill History: 04-14-15 H Committee action pending House Business and Industry

HB 3170 Schaefer, Matt(R) Relating to the regulation of occupations by this state.

 

Companions:
SB 1346 Huffines, Donald (F) (Identical)
3-18-15 S Introduced and referred to committee on Senate Business and Commerce

 

Bill History: 03-23-15 H Introduced and referred to committee on Licensing and Administrative Procedures

HB 3171 Simpson, David(R) Relating to repealing civil asset forfeiture provisions and establishing criminal asset forfeiture in this state.

 

Companions:
SB 1863 Burton, Konni (F) (Identical)
3-25-15 S Introduced and referred to committee on Senate Criminal Justice

 

Bill History: 04-15-15 H Committee action pending House State Affairs

HB 3176 Smithee, John(R) Relating to claims of patent infringement.

 

Companions:
SB 1187 Taylor, Van (F) (Identical)
4- 9-15 S Committee action pending Senate State Affairs

 

Bill History: 03-23-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

HB 3177 Collier, Nicole(D) Relating to unfair settlement practices with respect to workers’ compensation insurance claims.

 

Bill History: 03-23-15 H Introduced and referred to committee on House Business and Industry

HB 3213 Zedler, Bill(R) Relating to unfair settlement practices for insurers providing workers’ compensation insurance.

 

Bill History: 03-23-15 H Introduced and referred to committee on House Business and Industry

HB 3218 Hernandez, Ana(D) Relating to litigation financing transactions.

 

Bill History: 03-23-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

HB 3219 Shaheen, Matt (F)(R) Relating to the use by a school district of public money for lobbying activities or lobbyists.

 

Bill History: 04-09-15 H Committee action pending House General Investigating and Ethics

HB 3226 Coleman, Garnet(D) Relating to addressing abusive conduct in the workplace.

 

Bill History: 03-24-15 H Introduced and referred to committee on House Business and Industry

HB 3313 Shaheen, Matt (F)(R) Relating to unit operations for oil, gas, or oil and gas production from depleting reservoirs or carbon dioxide storage.

 

Companions:
SB 118 Taylor, Van (F) (Identical)
1-27-15 S Introduced and referred to committee on Senate Natural Resources and Economic Develop

 

Bill History: 03-17-15 H Introduced and referred to committee on House Energy Resources

HB 3339 Burkett, Cindy(R) Relating to the recovery of costs and fees in connection with certain eminent domain proceedings.

 

Companions:
SB 474 Kolkhorst, Lois (F) (Identical)
4-10-15 H Received in the House

 

Bill History: 03-17-15 H Introduced and referred to committee on House Land and Resource Management

HB 3394 Alonzo, Roberto(D) Relating to a direct action against an insurer and insured by third parties and required provisions of a liability insurance policy.

 

Bill History: 03-19-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

HB 3400 Walle, Amando(D) Relating to parties who may bring suit under the Texas Free Enterprise and Antitrust Act of 1983.

 

Bill History: 04-21-15 H Meeting set for 2:00 P.M. OR ADJ., E2.016 – House Business and Industry

HB 3416 Phillips, Larry(R) Relating to the authority of certain persons to bring a survival action.

 

Bill History: 03-17-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

HB 3425 Parker, Tan(R) Relating to the creation of a intrastate investment market for purposes of trading securities issued under the intrastate crowdfunding exemption from federal securities laws.

 

Bill History: 04-01-15 H Committee action pending House Investments and Financial Services

HB 3435 Raymond, Richard(D) Relating to civil and criminal actions related to racketeer influenced and corrupt organizations.

 

Bill History: 03-24-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

HB 3454 Thompson, Senfronia(D) Relating to transactions involving the assignment of rights in an individual’s legal claim.

 

Bill History: 03-18-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

HB 3533 Munoz, Sergio(D) Relating to recovery under uninsured and underinsured motorist insurance coverage.

 

Companions:
HB 3822 Coleman, Garnet (Identical)
3-23-15 H Introduced and referred to committee on House Insurance

 

Bill History: 03-18-15 H Introduced and referred to committee on House Insurance

HB 3537 Davis, Yvonne(D) Relating to a breach of system security of a business that exposes consumer credit card or debit card information.

 

Bill History: 04-21-15 H Meeting set for 2:00 P.M. OR ADJ., E2.016 – House Business and Industry

HB 3561 Rodriguez, Eddie(D) Relating to damages in certain wrongful eviction actions.

 

Bill History: 03-20-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

HB 3582 Turner, Scott(R) Relating to a property right in certain genetic information.

 

Bill History: 03-20-15 H Introduced and referred to committee on House Public Health

HB 3602 Bell, Cecil(R) Relating to the religious freedom of a conscientious objector to act or fail to act with respect to certain issues of marriage, sexual relations, and gender.

 

Bill History: 03-23-15 H Introduced and referred to committee on House State Affairs

HB 3636 Guillen, Ryan(D) Relating to prohibited conduct by insurance adjusters, public insurance adjusters, and contractors.

 

Remarks: insurance – public adjustors

 

Bill History: 03-23-15 H Introduced and referred to committee on House Insurance

HB 3646 Smithee, John(R) Relating to insurance claims and certain prohibited acts and practices in or in relation to the business of insurance.

 

Companions:
SB 1628 Taylor, Larry (Identical)
4-14-15 S Voted favorably from committee as substituted Senate Business and Commerce

 

Bill History: 03-27-15 H Introduced and referred to committee on House Insurance

HB 3650 Guerra, Bobby(D) Relating to the collection, administration, and enforcement of state taxes and fees.

 

Bill History: 03-19-15 H Introduced and referred to committee on House Ways and Means

HB 3651 Coleman, Garnet(D) Relating to the manufacture, sale, distribution, possession, and use of drugs not approved by the United States Food and Drug Administration and the false representation that a substance is a drug.

 

Companions:
SB 1790 Rodriguez, Jose (Identical)
3-24-15 S Introduced and referred to committee on Senate Health and Human Services

 

Bill History: 03-19-15 H Introduced and referred to committee on House Public Health

HB 3657 Blanco, Cesar (F)(D) Relating to a study of the use of regional rating for health coverage provided under the uniform group coverage program for certain active school employees and their dependents.

 

Bill History: 04-13-15 H Committee action pending House Pensions

HB 3662 Hughes, Bryan(R) Relating to recovery of damages, attorney’s fees, and costs related to frivolous regulatory actions by state agencies.

 

Bill History: 03-19-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

HB 3820 Allen, Alma(D) Relating to safe patient handling practices at hospitals and nursing homes.

 

Bill History: 03-23-15 H Introduced and referred to committee on House Public Health

HB 3822 Coleman, Garnet(D) Relating to recovery under uninsured and underinsured motorist insurance coverage.

 

Companions:
HB 3533 Munoz, Sergio (Identical)
3-18-15 H Introduced and referred to committee on House Insurance

 

Bill History: 03-23-15 H Introduced and referred to committee on House Insurance

HB 3864 Sanford, Scott(R) Relating to protection of the rights of conscience for child welfare services providers.

 

Bill History: 04-15-15 H Committee action pending House Juvenile Justice and Family Issues

HB 4005 Laubenberg, Jodie(R) Relating to the collection, administration, and enforcement of state taxes and fees.

 

Companions:
SB 1291 Taylor, Van (F) (Identical)
3-18-15 S Introduced and referred to committee on Senate Finance

 

Bill History: 03-23-15 H Introduced and referred to committee on House Ways and Means

HB 4020 Raymond, Richard(D) Relating to the security of certain financial information and liability for certain security breaches.

 

Bill History: 04-21-15 H Meeting set for 2:00 P.M. OR ADJ., E2.016 – House Business and Industry

HB 4027 Blanco, Cesar (F)(D) Relating to products liability action related to a pharmaceutical product.

 

Remarks: Amends §82.007, CPRC, relating to product liability actions against manufacturers of pharmaceutical products, to specify that a failure to warn includes “a failure of the manufacturer to place notice to the US FDA of a potential safety signal.” The bill also expands the ability of a claimant to overcome a rebuttable presumption that the manufacturer complied with government standards by establishing that the defendant withheld or misrepresented to the FDA “relevant” (rather than “required” information material to the performance of the product and causally related to the claimant’s injury.

 

Bill History: 03-23-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

HB 4056 White, James(R) Relating to inspection procedures in certain long-term care facilities and the creation of a long-term care legislative oversight committee.

 

Bill History: 03-23-15 H Introduced and referred to committee on House Human Services

HB 4061 White, James(R) Relating to the regulation of firearms, air guns, ammunition, and firearm and air gun supplies.

 

Bill History: 04-16-15 H Voted favorably from committee on House Homeland Security and Public Safety

HCR 37 Anderson, Doc(R) Requesting creation of a joint interim committee to study a nonsubstantive reorganization of the Texas Constitution.

 

Bill History: 04-15-15 H Committee action pending House State Affairs

HCR 49 Thompson, Senfronia(D) Urging Congress to propose and submit to the states an amendment to the U.S. Constitution that overturns Citizens United v. Federal Election Commission, establishing that the spending of money.

 

Bill History: 04-09-15 H Committee action pending Select on State/Federal Power Responsibility

HJR 38 Larson, Lyle(R) Proposing a constitutional amendment limiting to two the number of consecutive terms for which a person may be elected or appointed to hold certain state offices.

 

Companions:
SJR 24 Eltife, Kevin (Identical)
2- 2-15 S Introduced and referred to committee on Senate State Affairs

 

Bill History: 03-18-15 H Committee action pending House State Affairs

HJR 46 Simmons, Ron(R) Proposing a constitutional amendment on the length of legislative terms and limiting to three the number of terms for which a person may be elected or appointed to the legislature or certain state offices.

 

Remarks: legislative 3 term limit

 

Bill History: 03-03-15 H Introduced and referred to committee on House State Affairs

HJR 56 White, James(R) Proposing a constitutional amendment to remove legislative authority to regulate the wearing of arms.

 

Bill History: 03-03-15 H Introduced and referred to committee on House Homeland Security and Public Safety

HJR 62 Canales, Terry(D) Proposing a constitutional amendment requiring the recording of certain proceedings of the Texas Supreme Court and the Court of Criminal Appeals and the publication of the recordings.

 

Remarks: CourtsRequires the Texas Supreme Court and Court of Criminal Appeals to make a video recording of each oral argument, proceeding, and open meeting of the Court and post the recording on its website

 

Bill History: 03-10-15 H Committee action pending House Judiciary and Civil Jurisprudence

HJR 69 Riddle, Debbie(R) Proposing a constitutional amendment to permit the attorney general to prosecute offenses against public administration, including ethics offenses, and offenses involving insurance fraud or the imposition of the motor fuels tax.

 

Remarks: InsuranceEstablishes the Public Integrity Unit in the Office of the Attorney General and gives the Unit authority to prosecute criminal and civil offenses against public administration, insurance fraud, and motor fuels taxes. Venue for prosecutions is in the county in which the defendant resides.

 

Bill History: 01-16-15 H Filed

HJR 81 Raymond, Richard(D) Proposing a constitutional amendment changing the terms of office of a district judge.

 

Bill History: 02-05-15 H Filed

HJR 90 Raymond, Richard(D) Proposing a constitutional amendment to abolish the court of criminal appeals and establish one supreme court with civil and criminal appellate jurisdiction.

 

Bill History: 03-23-15 H Introduced and referred to committee on House Judiciary and Civil Jurisprudence

HJR 91 Phillips, Larry(R) Proposing a constitutional amendment dedicating certain revenue derived from the tax imposed on the sale of motor vehicles to the state highway fund.

 

Companions:
SJR 5 Nichols, Robert (Identical)
4-15-15 H Referred to House Committee on House Transportation

 

Bill History: 03-24-15 H Introduced and referred to committee on House Transportation

HJR 108 Reynolds, Ron(D) Proposing a constitutional amendment prohibiting a county or other political subdivision from eliminating offices or changing district boundaries between the primary and general elections.

 

Bill History: 04-20-15 H Meeting set for 2:00 P.M. OR ADJ., E1.026 – House Elections

HR 2 Hunter, Todd(R) Providing for the election of the speaker of the house.

 

Bill History: 01-13-15 H Passed

HR 3 Geren, Charlie(R) Adopting the Housekeeping Resolution for the House of Representatives of the 84th Legislature.

 

Bill History: 01-14-15 H Passed (Vote: Y:137/N: 5)

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