TCJL Tracked Bill List
Friday, February 10, 2023
The bill filing period closes on Friday, March 10.
To view individual bills, go to Texas Legislature Online – Bill Information https://capitol.texas.gov/Home.aspx
New bills appear in red.
New Causes of Action
HB 319 by Oliverson (R-Cypress): Allows a person to decline to participate in a health care service for reasons of conscience. Exempts emergency care or, except as otherwise by Chapter 166, Health & Safety Code, life-sustaining treatment. Grants immunity from civil or criminal liability for a physician or health care provider who declines to participate in a health care service wholly or partly for reasons of conscience. Prohibits a person from taking adverse action against another person because the person declines to participate in a health care service for reasons of conscience, including licensure, certification, employment, staff appointments or privileges, and various other actions. Requires a health care facility to develop a written protocol for circumstances in which a person declines to participate in providing a health care service. Bars the protocol from requiring a health care facility, physician, or health care provider to counsel or refer a patient to another physician or facility. Establishes a complaint process at the appropriate licensing agency. Creates a private cause of action for injunctive relief, actual damages for “psychological, emotional, and physical injuries resulting from a violation of this law,” court costs, and attorney’s fees.
HB 206 by A. Johnson (D-Houston)/SB 751 by Flores (R-Austin): Eliminates the limitations period (currently 30 years) for a personal injury suit arising from sexual offenses against a child.
HB 292 by Bernal (D-San Antonio): Grants authority to district and county attorneys to investigate price gouging under the DTPA. Splits recoveries between the county and the basic civil legal services fund.
HB 515 by Meza (D-Irving): Adds Chapter 121, Business & Commerce Code, to require an original manufacturer of electronics-enabled heavy equipment, including parts for the equipment, sold or used in this state to make available on fair and reasonable terms to any independent repair provider or owner of such equipment; (1) documentation, replacement parts, and tools; and (2) documentation, replacement part, or tool necessary to disable and reset a lock when disabled in the course of diagnosis, maintenance, or repair of the equipment. Bars a provision in an agreement between an authorized repair provider and original equipment manufacturer purporting to waive or otherwise limit the original manufacturer’s obligation under the act. Does not require an authorized repair provider to make documentation, parts, and tools available for a fair and reasonable terms. Makes a violation a deceptive trade practice under Chapter 17, Business & Commerce Code.
HB 515 by Meza (D-Irving): Adds Chapter 121, Business & Commerce Code, to require an original manufacturer of electronics-enabled heavy equipment, including parts for the equipment, sold or used in this state to make available on fair and reasonable terms to any independent repair provider or owner of such equipment; (1) documentation, replacement parts, and tools; and (2) documentation, replacement part, or tool necessary to disable and reset a lock when disabled in the course of diagnosis, maintenance, or repair of the equipment. Bars a provision in an agreement between an authorized repair provider and original equipment manufacturer purporting to waive or otherwise limit the original manufacturer’s obligation under the act. Does not require an authorized repair provider to make documentation, parts, and tools available for a fair and reasonable terms. Makes a violation a deceptive trade practice under Chapter 17, Business & Commerce Code.
HB 645 by Toth (R-The Woodlands): Bars a financial institution or business from using value-based criteria to discriminate against, advocate for, or give disparate treatment to a person, including the person’s social media activities, membership or participation in a group or organization, political affiliation or beliefs, current or former employer, or any other social credit, environmental, social governance, or similar value-based standards. Notwithstanding the above, allows a financial institution or business to uses value-based criteria if it discloses the criteria to a potential customer. Creates a no-injury cause of action against a financial institution or business and imposes liability for injunctive relief, $100,000 in statutory damages, and costs and attorney’s fees.
HB 689 by Rosenthal (D-Houston): Adds Chapter 100B, CPRC, to impose liability on a person who makes a false report to a law enforcement agency or emergency services provider with the intent that the agency or provider take action against the falsely accused person. Limits liability to $250 if the report was submitted due to bias or prejudice against the falsely accused person’s race, color, disability religion, national origin or ancestry, age, gender, sexual orientation, or gender identity. Allows a prevailing falsely accused person to recover costs and attorney’s fees.
HB 709 by Harris (R-Palestine): Prohibits a financial institution or other lender from discriminating against the customer in the price or rate for making a loan or extension of credit by basing the price or rate, wholly or partly, on a credit score, including a social credit score or an environmental, social, or governance score that is derived from “subjective or arbitrary” standards, including the customer’s social media posts, participation in the membership of an organization, political affiliation, or employer. Permits a lender to use a credit score if the lender discloses it and the customer agrees to it. Contains an exception for discontinuation or refusal of credit if it is necessary for the physical safety of employees. Imposes a civil penalty of $50,000 for the first violation and $250,000 for each subsequent violation, along with costs and attorney’s fees. Enforceable by the attorney general.
HB 450 by Craddick (R-Midland)/SB 501 by Hughes (R-Mineola): Creates a cause of action for a bad faith of an overriding royalty interest in an oil and gas lease. “Washout” means the elimination or reduction of an overriding interest by the forfeiture or surrender and subsequent reacquisition of an oil and gas lease by the same lessee). The standard for “bad faith” is knowing or intentional conduct. Remedies include actual damages, a constructive trust on the oil and gas lease or mineral estate acquired to accomplish the washout, and costs and attorney’s fees. Two-year statute of limitations running from the time the claimant obtained actual knowledge of the washout.
HB 872 by Gervin-Hawkins (D-San Antonio): Directs the executive commissioner of the Texas Health and Human Services Commission to adopt a rule requiring a manufacturer that sells a lip gloss or lipstick cosmetic to disclose a list of each ingredient and any toxic metal no matter the concentration.
HB 896 by Patterson (R-Frisco): Adds Subchapter C-1, Chapter 120, Business & Commerce Code, to prohibit a person aged 13 to 18 from using a social media platform. Requires social media providers to verify that accounts are held by persons older than 18 and to remove an account if requested by a parent. Makes violations of the subchapter a DTPA violation and authorizes the AG consumer protection division to bring enforcement actions.
HB 925 by Dutton (D-Houston): Creates a no-injury private cause of action in which any person may sue any other person for the manufacture, sale, transportation, distribution, importation, loan, or transfer of certain firearms and precursor parts. Applies both to direct violators and those who aid and abet a violation. Provides for equitable relief, statutory damages of $10,000 for each violation, and attorney’s fees and costs. Bars the award of attorney’s fees and costs to a defendant. Denies standing to a defendant from asserting the right of another to bear arms under the Second Amendment as a defense to liability. (Follows SB 8 to the letter.)
HB 982 by Toth (R-The Woodlands): Mandates a contract between a governmental entity and an entity (except a sole proprietorship) with 10 or more full-time employees with a value of $100,000 or more payable wholly or partly from public funds to require the contractor to verify in writing that it does not and will not during the term of the contract use prohibited ESG criteria to evaluate a business or investment strategy. Defines “prohibited ESG criteria” as environmental, social, and governance criteria that “furthers political policy at the expense of the Texas economy and company shareholders.”
HB 1031 by Slaton (Royse City): Imposes criminal liability on a manufacturer or distributor of a remote vehicle disabling technology that is capable of being activated or engaged by a motor vehicle manufacturer or governmental entity and installed on a light truck or passenger car. Violation is a state jail felony. Provides for license revocation of a person who violates the law.
HB 1100 by Julie Johnson (D-Dallas)/SB 611 by Johnson (D-Dallas): Requires a senior living facility to conduct criminal background checks on employees and to require contractors to conduct background checks on their employees who will have access to the facility. Requires the facility to report all criminal activity to law enforcement. Prohibits the facility from preventing or inhibiting a resident from communicating with law enforcement, family member, social worker, or other interested person regarding the safety or security of the facility. Prohibits the facility from preventing a law enforcement officer from entering a common area of the facility to conduct a voluntary interview with a resident as part of an investigation of criminal activity at the facility. Prohibits a lease, rental, or purchase agreement with a resident from waiving liability, requiring arbitration, or controlling the content or execution of the resident’s advance directive or testamentary documents. Imposes civil liability for damages to a resident for violations or failure to implement a safety policy or procedure and exempts actions from Chapter 74, CPRC.
HB 1268 by Walle (D-Houston): Imposes a duty on a residential landlord, in the event of a casualty loss caused by the negligence or fault of the landlord, to relocate the tenant in comparable rental property either owned by the landlord or by a third party. Makes the landlord liable to the tenant for rent exceeding the amount the tenant pays under the current lease.
HB 1309 by Dutton (D-Houston): Amends § 101.106 CPRC (Tort Claims Act) to allow a plaintiff to sue a governmental employee for assault, battery, false imprisonment, or any other intentional tort, including a tort involving disciplinary action by school authorities.
HB 1450 by Collier (D-Dallas): Creates a cause of action for damages, attorney’s fees, and costs if a person other than the landlord, credit reporting agency, or person who seels eviction information discloses the existence of certain eviction cases which result in no relief for the landlord or uses eviction case information as a factor in determining a score or recommendation in a tenant screening report regarding the defendant tenant.
HB 1467 by Bucy (D-Austin): Prohibits a state agency or political subdivision from requiring employees or independent contractors to submit to drug testing for cannabinoids or from obtaining or writing a prescription for low-THC cannabis or using a consumable hemp product. Prohibits a state agency or political subdivision from asking an employee about the employee’s use of low-THC cannabis or consumable hemp products. Imposes liability on a state agency or political subdivision for threatened or actual violations of the law in a judicial or administrative proceeding. Entitles a prevailing claimant compensatory damages, injunctive relief, declaratory relief, and other relief, including attorney’s fees. Waives sovereign or governmental immunity. Shields users of medical marijuana from arrest, prosecution, or penalty, or denial of any right or privilege, including administrative or civil penalty or disciplinary action by a court or state licensing board.
HB 1568 by Allison (R-San Antonio): Requires licensing and regulation of an operator that provides swim instruction to children six years of age or younger in groups of at least 3. Establishes minimum standards and a complaint and investigation process. Imposes administrative penalties for violations.
HB 1820 by Meza (D-Irving): Adds § 92.027, Property Code, to require a landlord to give a tenant 24-hours’ notice before entering a dwelling and a reason for entry. Voids a provision in a lease to the contrary.
HB 1823 by Sherman (D-Dallas): Amends § 51.903, Government Code, which authorizes a person who is the purported debtor or obligor or who owns real or personal property or an interest in real or personal property to bring an action on a fraudulent lien, to expand the action to add to the cause of action a document conveying the real or personal property.
HB 1877 by Swanson (R-Spring): Authorizes an action for injunctive relief by a candidate, political party, or a state, county, or precinct chair of a political party to prevent election violations from continuing or occurring. Establishes a state election marshal to investigate and bring charges against violators. Disqualifies district or county court judges from presiding over violation cases if their court has jurisdiction over any geographic area served by an election official who is party to the suit, except a statewide election official.
HB 1881 by Schatzline (R-Fort Worth): Creates a cause of action by the OAG against a county that fails to enter into an agreement with ICE to cooperate with federal immigration enforcement. Bars state funding to a county without an agreement. Allows the OAG to recover costs and attorney’s fees.
HB 1844 by Capriglione (R-Southlake): Comprehensively regulates consumer personal data in the hands of a controller or affiliate. Confers exclusive enforcement authority on the attorney general. Imposes a civil penalty of $7,500 per violation following a 30-day right to cure. Allows the OAG to recover costs and attorney’s fees. Bars a private cause of action based on violation of the statute.
HB 1896 by Guillen (R-Rio Grande City): Amends § 98B.002, CPRC, to impose liability on a defendant to a person depicted in intimate visual material without consent if the depiction shows a person who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, and whose image was used in creating, adapting, or modifying the intimate visual material, including CGI using an artificial intelligence application or other software.
HB 1899 by Meyer (R-Dallas): Establishes heightened criminal penalties (1st, 2nd ,and 3rd degree felonies) for insider trading and misuses of official information if the offense results in a net pecuniary gain to the offender.
HB 1936 by Lozano (R-Kingsville)/SB 417 by Paxton (R-McKinney): Adds Chapter 121, Business & Commerce Code, to impose civil liability on the manufacturer of an electronic device (smartphone or tablet) that is activated in this state, does not automatically enable a filter to prevent a minor from accessing sexually explicit material, and a minor user accesses such information. Requires the filter to “reasonably prevent a user of the electronic device from circumventing, modifying, removing, or uninstalling the filter without entering a password or access code. Creates a defense if the manufacturer makes a “good faith effort” to manufacture the device that automatically enables the filter. Authorizes the attorney general to collect a $30,000 per violation civil penalty. Authorizes a parent or guardian to bring an action against a manufacturer for $10,000 in damages, costs, and attorney’s fees.
HB 1995 by Goodwin (D-Austin): Imposes criminal liability (and perhaps implies civil liability) on a licensed arms dealer who fails to report the sale or transfer of two or more semiautomatic rifles to the same transferee (other than another dealer) on a single occasion or on more than one occasion during a period of five consecutive business days. Requires reporting to DPS and the local sheriff and police department.
HB 1999 by Johnson (D-Farmers Branch): Adds § 21.2545, Labor Code, to authorize a person to bring a civil suit for damages arising from an unlawful employment practice based on sexual harassment, regardless of whether the person has filed a complaint or has received a right to sue letter. Establishes a two-year statute of limitations. Makes the action subject to the § 41.008, CPRC, limits on punitive damages, not the statutory limits in § 21.2585, Labor Code.
HB 2049 by Zwiener (D-Driftwood): Establishes a permit requirement for common carrier pipelines at the Railroad Commission. Authorizes the commission and the attorney general to enforce the requirements by administrative and judicial action.
HB 2068 by Paul (R-Houston): Mandates that a public investment fund or investment advisor for a fund to “act solely in the pecuniary interest of the system’s participants and beneficiaries” (i.e., no ESG). Gives the attorney general investigatory and subpoena power. Eliminates the current law standard that requires a determination of whether the board of trustees of the fund have exercised prudence in an investment decision to be made by considering the investment of all the assets of the trust rather than the prudence of a single investment.
HB 2115 by Flores (D-Austin): Amends § 21.2585, Labor Code, which limits recovery of compensatory and punitive damages against an employer in an unlawful intentional employment practices case, to exclude from the limitation an action for sexual harassment, unlawful employment practice based on sex, and retaliation in connection with an unlawful practice based on sex. Applies § 41.008, CPRC, cap on punitive damages to such actions.
HB 2119 by Dorazio (R-San Antonio): Amends § 36.066, Water Code, to mandate the award of attorney’s fees and costs to the prevailing party in an action involving a groundwater conservation district (current law only allows the district to recover them).
HB 2127 by Burrows (R-Lubbock): Adds Chapter 102A, CPRC, to confer standing on any person, including a taxpayer, adversely affected by a municipal or county ordinance adopted and enforced by the city or county to sue the city, county, or local official for violating field pre-emption in the following codes: Agriculture, Finance, Insurance, Labor, Natural Resources, or Occupations. Entitles the person to declaratory and injunctive relief and attorney’s fees and costs. Venue is in any county of the state and may not be transferred without consent of the parties. Waives governmental immunity.
HB 2128 by Bailes (R-Shepherd): Amends § 17.46(b), Business & Commerce Code, to add to the definition of “false, misleading, or deceptive acts or practices” demanding an exorbitant or excessive price in connection with a sale of natural gas in intrastate commerce, except for a sale by a rate-regulated gas utility.
HB 2155 by Patterson (R-Frisco): Makes a social media platform liable for actual damages and $1,000 in punitive damages to a user who receives user-generated content through a social media algorithm while the user is a minor if the operator knew or had reason to know that the user was a minor.
HJR 98 by Tinderholt (R-Arlington)/HJR 110 by Isaac (R-Dripping Springs): Proposes a constitutional amendment giving the attorney general concurrent jurisdiction with county and district attorneys to prosecutive election law violations.
SB 393 by Hall (R-Edgewood): Creates a cause of action for damages, costs, and attorney’s fees by a parent against a school district if the district’s grievance procedure fails to resolve an issue.
SB 513 by Hall (R-Edgewood): Holds the executive director of the Texas Medical Board civilly liable to a claimant, including a decedent’s estate, allegedly injured by a physician for failing to verify that the physician was eligible for a license, provided that the alleged conduct constitutes grounds for a health care liability claim under Chapter 74, CPRC, and involved the same type of conduct for which the physician was ineligible for the license. Requires the executive director to have committed gross negligence or intentional misconduct in failing to verify and that the physician was issued the license as a result of the failure to verify. Requires the executive director to review the National Practitioner Data Bank or Healthcare Integrity and Protection Data Bank and information from other state medical licensing agencies before verifying the accuracy of the information in the application.
SB 555 by Perry (R-Lubbock): Requires a person who owns 50 or more licensed pharmacies to ensure that each location is open to the public for at least six hours on a weekend, exluding a weekend including a federal holiday. Imposes administrative penalties for violations.
SB 559 by Hughes (R-Mineola): Creates a cause of action for injunctive relief against the State Bar of Texas for adopting a rule or imposing a penalty in violation of a licensee’s or applicant’s free exercise of religion, political or ideological views, social views, or other expressive speech.
SB 557 by Gutierrez (D-San Antonio): Adds Chapter 106A, CPRC, to create a cause of action by an injured person against a local government peace officer if the officer subjects or causes to be subjected, including a failure to intervene, the person to a deprivation of individual rights that create binding obligations on government actors. Requires the local government employer to indemnify a peace officer for a judgment, except if the peace officer was convicted of a criminal violation. Provides that qualified immunity is not a defense.
HB 570 by West (D-Dallas0: Prohibits housing discrimination based on source of income.
SB 690 by Middleton (R-Galveston): Establishes the office of inspector general for education in the governor’s office. Confers broad investigatory power to audit and investigate “fraud, waste, and abuse” in public schools, including subpoena power and referral for civil and administrative enforcement. Applies to contractors with schools.
SB 704 by Paxton (R-McKinney): Enacts privacy protections for an individual’s biometric identifiers, specimens, or genetic information. Requires the individual’s prior consent to capturing a biometric identifier or collecting a specimen for a commercial purpose. Places new regulatory and opt-in consent requirements on direct-to-individual genetic testing. Expands existing civil penalties to violations of the new regulatory requirements. Prohibits a governmental body from capturing or possessing a biometric identifier or requiring one as a prerequisite for providing a service without express statutory authorization. Prohibits newborn genetic screening over the objection of a parent, guardian, or managing conservator (current law allows objections only for religious purposes). Creates a new civil penalty for the use or analysis of a specimen taken from an individual for a specific disorder without the patient’s express consent, including nondisclosure of COVID-19 results.
SB 714 by Hall (R-Edgewood): Adds § 95.0002, CPRC, to impose strict liability on a person with control over the premises of a business for third party criminal acts on the premises if the person posts a sign prohibiting a person from carrying a concealed handgun on the premises.
Court Records, Filing Fees, and Costs
Pandemic Liability/Emergency Powers
HB 81 by Harrison (R-Midlothian)/SB 177 by Middleton (R-Galveston): Prohibits a person from compelling or coercing an individual lawfully residing in the state into obtaining a COVID-19 vaccination contrary to the individual’s vaccination preference. Requires a health care provider to obtain an informed consent for a COVID vaccine. Prohibits a person from taking an adverse action based on the person’s refusal to obtain a COVID vaccine. Authorizes the attorney general to obtain injunctive relief against a person to prevent a violation of this act. Imposes civil liability against a health care provider of $5,000 and allows recovery of all costs and reasonable attorney’s fees.
HB 107 by Schaeffer (R-Tyler): Repeals § 418.107, Government Code, which authorizes a penalty for violation of an emergency management plan.
HB 119 by Schaefer (R-Tyler): Amends Chapter 418, Government Code, to confer standing on a person to challenge in court a provision of a governor’s or local entity’s order relating to a declared emergency, if the provision is alleged to cause injury to the person or violate the person’s federal or state constitutional or statutory rights. Requires the governor or entity to show that the order mitigates the threat to public health and is the least restrictive means of mitigating the threat. Does not appear to require the person bringing the action to prove an injury or a burden.
HB 138 by Toth (R-The Woodlands): Prohibits an employer from taking an adverse employment action or discriminating against an employee based on the nondisclosure by the employee of personal health information. Imposes a civil penalty of $50,000 on an employer for a violation, enforceable by the attorney general.
HB 154 by Schaefer (R-Tyler): Bars the governor or local governing body from issuing an emergency order requiring requiring a person to wear a facemask or other personal protective equipment.
HB 189 by Toth (R-The Woodlands): Requires a hospital to allow visitation by a religious counselor of the patient’s choosing. Prohibits a hospital from limiting the number of visitors a patient may receive at any one time to not fewer than one.
HB 448 by Schofield (R-Katy): Imposes liability on a political subdivision for losses to a business caused by a governmental action that closes the business temporarily or permanently or effectively closes the business by restricting its operations or ordering customers not to patronize it.
HB 558 by Raymond (D-Laredo): Prohibits an executive order issued by the governor in a declared emergency restricting the operation or hours of operation of a business that sells alcoholic beverages from including a federally tax exempt organization that benefits veterans of the US armed forces.
HB 609 by Vasut (R-Angleton): Amends § 148.003, CPRC, to exempt from liability for injury or death a business owner or operator that does not require employees or contractors of the business to be vaccinated against a pandemic disease, if the injury or death results from exposure to the disease by an employee or contractor of the business.
HB 911 by Harrison (R-Midlothian): Requires an order of the governor or local official during a declared state of emergency that affects individual rights to be narrowly tailored to serve a compelling public interest for health and safety purposes and limited in duration, applicability, and scope. Gives state courts jurisdiction to hear challenges to emergency orders. Provides that only the governor may issue an emergency order that infringes on protected constitutional rights. Limits the duration of such an order to 30 days. Requires legislative authority to extend such an order. Requires the legislature to renew a state of disaster beyond 30 days. Limits the governor’s authority to suspend state law only to state agency rules.
HB 1032 by Noble (R-Allen): Adds Subchapter N, Insurance Code, to prohibit a group health benefit plan issuer or a life insurance company from using an individual’s COVID-19 vaccination status to discriminate against the individual in providing coverage. Purports to preempt any other law. Amends Chapter 21, Labor Code, to prohibit an employer from discriminating against a person who has not received a COVID-19 vaccination. Immunizes an employer from suit arising from a failure to mandate a COVID-19 vaccine. Prohibits an elementary or secondary school or institution of higher education from discriminating against a student who has not received a COVID vaccination. Blocks HHSC from adding COVID-19 to the list of mandatory vaccinations.
HB 1047 by Hinojosa (D-Austin): Requires the governor to submit to the Legislature, not later than 30 days after declaring or renewing a state of disaster, a report detailing contracts entered into without competitive bidding, federal money received, expenditures or expenditure plans for federal money, and each state agency or program receiving federal money or state matching funds.
HB 1313 by Burrows (R-Lubbock)/SB 403 by Springer (R- Muenster): Requires the Health and Human Services Commission to conduct a study of adverse effects of COVID vaccines and report to the Governor and Legislature on January 1, 2024.
HB 1419 by Cain (R-Houston): Repeals vaccine requirement for bacterial meningitis for new college students.
HB 1491 by Harrison (R-Midlothian): Requires the deportation of foreign entrants to the state during the pending COVID state of emergency and the period in which the federal government requires entrants to have a COVID vaccination if the entrant does not enter through a port of entry for a health review. Requires deportation of person who have illegally entered the US in the past year from countries with US State Department travel warnings for COVID.
SB 97 by Johnson (D-Dallas): Requires the governor to limit an emergency order to the specific conditions or requirements of the disaster that is the subject of the order. Requires the governor to publish a weekly list, in chronological order, of all emergency orders issued in the prior seven-day period.
SB 98 by Johnson (D-Dallas): Provides that if the legislature is in regular or called session during a state of disaster, only the legislature may renew the state of disaster. Bars the governor from declaring a new state of emergency based on the same or a substantially similar finding as a prior state of disaster if the legislature has terminated or not renewed a state of disaster.
SB 99 by Johnson (D-Dallas): Requires the governor who determines that a declared state of disaster should be extended beyond 90 days of the date of the disaster if the joint disaster oversight committee holds a public hearing, the legislature in regular or called session approves the renewal by law and states the maximum number of days the renewal can continue, and the governor’s renewal expires not later than the date of expiration determined by the legislature. Provides for the appointment of the oversight committee (four House members, four Senators). Bars the governor from declaring a new state of emergency based on the same or a substantially similar finding as a prior state of disaster if the legislature has terminated or not renewed a state of disaster.
SB 100 by Johnson (D-Dallas): Restricts the governor’s emergency powers to the state of disaster itself (eliminates the extension of power to the recovery period after the disaster).
SB 308 by Hall (R-Edgewood): Prohibits a person from discriminating against or refusing to provide a public accommodation based on the person’s COVID-19 vaccination history or immunity status for a communicable disease. Enforceable by the attorney general in a suit for equitable relief. Prohibits such discrimination by a long-term care facility, health care provider, health care facility. Punishes violations by defunding, disciplinary action, and administrative penalties. Prohibits a health benefit plan from discriminating against an individual based on COVID vaccination status. Prohibits a health benefit plan from using an individual’s vaccination status in rating. Prohibits a health benefit plan from discriminating against a provider based on the COVID vaccination status of the provider’s patients. Prohibits an employer from discriminating against an individual based on COVID vaccination status. Prohibits a licensing agency from discriminating against a licenseholder or applicant based on COVID vaccination status. Prohibits an educational institution, hospital, or health care facility from requiring as a condition of employment to be vaccinated for COVID or to participate in vaccine administration. Creates a private right of action for equitable relief, reinstatement, back pay, and interest. Prohibits TXDOT from discriminating against a driver’s license applicant based on COVID vaccination status. Abolishes vaccination requirements for schools and institutions of higher education. Eliminates emergency authorization for a physician to administer a COVID vaccination. Bars disciplinary action against child care providers or foster parents for declining to immunize a child for COVID. Bars the state or a local government from requiring COVID vaccines. Bars a health care provider from disclosing a person’s COVID vaccination history.
SB 309 by Hall (R-Edgewood): Requires a health care provider who performs a viral COVID-19 test on an individual to, at the time of the test, provided a printed or electronic copy of a brochure published by the State Department of Health Services.
SB 310 by Hall (R-Edgewood): Prohibits the governor or state agency from issuing a health directive in a declared public health emergency that is more stringent than public health directives for undocumented immigrants.
SB 390 by Hall (R-Edgewood): Repeals mandatory immunizations for schools.
SB 401 by Kolkhorst (R-Brenham): Prohibits price gouging by medical staffing services during a declared state of emergency. Imposes civil penalties for violations recoverable in an action brought by the attorney general. Authorizes recovery of attorney’s fees, costs, and expenses.
SB 626 by Hall (R-Edgewood): Prohibits universities, schools, and day care centers from denying admission to a person if the person presents documentation that he or she has applied to the DHS for a vaccine exemption.
SB 700 by Eckhardt (D-Austin): Requires a school district to implement or comply with health directives issued by a public health authority with jurisdiction over the district regarding evidence-based practices to reduce or eliminate the transmission of a communicable disease among district students and staff.
Dobbs/SB 8/Obergefell/LGBTQ
HB 27 by Goodwin (D-Austin): Adds Chapter 142B, Civil Practice & Remedies Code, to bar civil actions and disciplinary proceedings against an employer based solely on the employer’s choice to offer or provide a particular employee benefit. Does not create or expand a cause of action.
HB 42 by Toth (R-The Woodlands)/HB 436 by Patterson (R-Frisco)z; Amends the definition of “child abuse” in §261.001, Family Code, to apply to a medical professional or mental health professional who provides gender transitioning or gender affirming care.
HB 61 by Noble (R-Allen): Prohibits a governmental entity from entering into a taxpayer resourced transaction or from appropriating or spending money to provide any person with logistical support for the express purpose of assisting a woman with procuring an abortion or an abortion provider’s services. Gives the attorney general enforcement power plus recovery of attorney’s fees and costs.
HB 722 by Rosenthal (D-Houston)/SB 204 by Eckhardt (D-Austin): Amends Chapter 21, Labor Code, to prohibit employment discrimination against a person on the basis of the person’s marital status, the use of assisted reproduction to become pregnant, the use of contraception or a specific form of contraception, or the obtainment or use of any other health care drug, device, or service relating to reproductive health. Includes discrimination against the employee, the employee’s spouse or partner, the employee’s dependent, and any other member of the employee’s family or household. Declares void an unenforceable a mandatory arbitration provision that limits the reproductive decisions of an employee, employee’s spouse or partner, employee’s dependent, or any other member of the employee’s family or household. Applies to labor organizations and employment agencies. Adds discrimination based on reproductive decisions everywhere in Chapter 21 that bars discrimination based on race, color, sex, national origin, religion, age, or disability.
HB 521 by Cain (R-Houston)/HB 1744 by Leach (R-Plano): Allows a motor vehicle operator who is pregnant to use a high occupancy vehicle lane.
HB 522 by Cain (R-Houston): Creates “Celebration of Life Day” as a state holiday on June 24, the date of the Dobbs decision.
HB 592 by Shaheen (R-Plano): Requires a telemedicine or telehealth provider licensed or certified in another state to register with the appropriate Texas licensing agency. Requires the provider to comply with the laws of Texas, maintain liability insurance as required by Texas law, consent to the jurisdiction of state courts, and be subject to disciplinary action by the appropriate Texas licensing agency.
HB 672 by Hefner (R-Mt. Pleasant): Defines “abuse” to include administering or consenting to the administration of treatment for gender transitioning or gender reassignment, except in the case of intersex children. Includes the parent of the child.
HB 776 by Harrison (R-Midlothian): Prohibits a physician from treating gender dysphoria in minors.
HB 787 by Patterson (R-Frisco): Amends Chapters 1, 101, and 301, Tax Code, to bar a business that assists an employee to obtain an abortion, including paying all or part of the costs associated with the procedure or traveling to the location of the service, from receiving a state or local tax incentive. Defines “tax incentive” as an “abatement, credit, discount, exclusion, exemption, limitation on appraised value, refund, special valuation, special accounting treatment, special appraisal method or provision, special rate, or special method of reporting authorized by state law or the state constitution.”
HB 819 by Talarico (D-Austin): Repeals criminal and civil statutes limiting or prohibiting abortion, including the old criminal statute, Chapter 170A and Subchapter H, Health and Safety Code (restrictions on abortions), § 30.22, CPRC (joint and several liability for attorney’s fees in suit challenging an abortion restriction), and § 311.036, Government Code (construction of abortion statutes). Contingent on voter approval of HJR 56.
HB 1029 by Harrison (R-Midlothian): Prohibits state funds from being used for gender reassignment.
HB 1050 by Hinojosa (D-Austin): Authorizes a physician to issue a written protocol authorizing the dispensing of a self-administered hormonal contraceptive that is approved by the FDA to prevent pregnancy and a pharmacist to dispense the contraceptive to a patient 18 years of age and older under the written protocol without any other patient-specific prescription drug order. Grants immunity from damages to a physician or pharmacist acting reasonably and good faith. Provides that health plan coverage for the contraceptive applies the same way as it does to a patient-specific prescription drug order.
HB 1280 by Oliverson (R-Cypress): Bars a taxable entity that provides health care coverage to its officers, directors, owners, partners, or employees for abortions, including travel, or sick leave for the purpose of procuring or recovering from an abortion from subtracting the cost of the health care in calculating its taxable margin. Requires the taxable entity to certify whether its health care benefits include that coverage.
HB 1452 by Anchia (D-Dallas): Requires a health benefit plan or other policy with a death benefit that pays burial costs to cover the cost of disposition of embryonic or fetal tissue remains with a post-fertilization age of 20 weeks or more.
HB 1478 by Ramos (D-Richardson): Requires the executive commissioner of HHSC to prescribe minimum standards for pregnancy resource centers equivalent to standards for ambulatory surgical centers.
HB 1490 by Plesa (D-Dallas): Adds § 170A.008, Health and Safety Code, to require a physician or health care practitioner to prioritize the health of the pregnant individual over the health of the fetus the individual is carrying when recommending a health care treatment for the individual, regardless of whether the treatment poses a risk of injury or death to the fetus. Requires the informed consent of the individual to such treatment. Authorizes the appropriate licensing authority to impose an administrative penalty for violations.
HB 1494 by Cain (R-Houston): Amends § 110.009(b), CPRC (religious freedom) to provide that Chapter 110 may not be construed to affect or interpret the religious freedom provision of the Texas constitutional provision protecting religious freedom (Art. I, § 6-a).
HB 1532 by Schatzline (R-Fort Worth): Defines medical treatment for gender transitioning as child abuse. Prohibits a professional liability insurer from covering treatment for gender transitioning. Subjects health care providers who violate the prohibition to disciplinary action.
HB 1607 by Harris (R-Palestine): Prohibits a institution of higher education from requiring or making part of a course elements of so-called “critical race theory” or that American slavery was “anything other than deviating from, betrayals of, or failures to live up to the authentic founding principles of the US, including liberty and equality. Bars an institution from receiving state funds for violations.
HB 1679 by Hernandez (D-Houston)/SB 439 by Menendez (D-San Antonio): Bars a mental health professional, in the course of providing services to a child, from attempting to change the child’s sexual orientation or gender expression or identity or to reduce the child’s attraction to a member of the same sex.
HB 1685 by Hernandez (D-Houston): Makes conforming changes to the Family Code to reflect same-sex marriages.
HB 1686 by Oliverson (R-Cypress)/SB 625 by Campbell (R-San Antonio): Prohibits a health plan from covering and a physician from performing a gender transitioning or gender reassignment treatment on a child. Enforcement by the attorney general and license revocation by the Texas Medical Board.
HB 1746 by Hernandez (D-Houston): Establishes informed consent requirements and a judicial process for the treatment of foster children for intersex traits.
HB 1752 by Toth (R-The Woodlands): Creates a cause of action for damages, statutory punitive damages of $10 million, and costs and reasonable fees for knowingly treating or aiding or abetting the treatment of a minor for gender dysphoria or gender transitioning. Establishes a 20-year statute of limitations. Bars affirmative defenses. Eliminates jurisdictional or venue requirements. Provides that Texas law governs procedures in other states. Bars declaratory judgment actions challenging the constitutionality of the statute. Creates a cause of action against a state or local official, including a judge, who issues an order preventing or delaying a claimant from bringing a civil action under the statute. Waives governmental immunity. Provides mandatory attorney’s fees.
HB 1753 by Goodwin (D-Austin): Bars the state, local governments, and state and local officials from prohibiting or unreasonably limiting an individual from accessing an assistive reproductive technology treatment or proceeding, continuing or completing such treatment under a written plan or agreement with a health care provider, or retaining all rights regarding the use of the individual’s reproductive genetic material, including gametes. Further bars prohibiting or limiting a health care provider from providing treatment or providing evidence-based information about procedures. Bars prohibiting a health benefit plan issuer from covering an assistive reproductive technology treatment or procedure. Establishes a cause of action for injunctive relief against the state or local government or official for violations, which may be brought by the attorney general, a person adversely affected by the violation, or a health care provider on the provider’s behalf or the on behalf of the person adversely affected by the violation. Requires a court to award a claimant costs and attorney’s fees.
HB 1880 by Howard (D-Austin): Provides that the provision of money, including a gift or donation, to an organization that provides support services to an individual in accessing a health care serve does not constitute a violation of any prohibition under state law on the provision of that service and may not the basis for a cause of action related to the provision of that health care service. Establishes exceptions to Penal Code provisions for the provision of money to such organizations. Repeals the pre-Roe 1925 Penal Code statute prohibiting abortion.
HB 1941 by Howard (D-Austin): Prohibits the state or local governments from prohibiting or restricting the right of an individual to purchase or use a contraceptive, including an emergency contraceptive, and to access information about them.
HB 1945 by Rosenthal (D-Houston): Prohibits a school district or open-enrollment charter school from restricting access to an Internet website, including by using filtering software, that provides students with resources related to mental health or suicide prevention for individuals who are lesbian, gay, bisexual, transgender, queer, or questioning, human trafficking, interpersonal or domestic violence, or sexual assault.
HB 1953 by Plesa (D-Dallas): Amends several sections of the Health and Safety Code to allow a physician to perform an abortion if the pregnant woman is 35 years of age or older and has a high-risk condition, as determined by the physician, or the pregnancy resulted from in vitro fertilization. Allows a physician to prescribe an abortion-inducing drug if in the physician’s reasonable medical judgment and gestational age of the pregnancy the drug will be effective and does not pose a risk to the pregnant individual.
HB 2116 by Baumgarner (R-Flower Mound): Bars a health care provider from providing or performing a gender reassignment treatment or procedure unless the person receiving the treatment or procedure has undergone psychological examination by a licensed psychologist in this state.
HJR 56 by Talarico (D-Austin): Prohibits the legislature from passing a law that abridges an individual’s access to abortion care if the individual’s decision to access abortion care is made in consultation with a licensed physician.
HJR 85 by Burrows (R-Lubbock): Adds Art. I, § 36, to enshrine the liberty of a parent to direct the upbringing of the parent’s child as a fundamental right, including the right to direct the cae, custody, control, education, moral and religious training, and medical care of the child. Requires a compelling governmental interest and narrowly tailored remedy to interfere with the right.
SB 378 by Parker (R-Flower Mound)/HB 1350 by Cook (R-Mansfield): Imposes a civil penalty on district and county attorneys who, either by formal policy or pattern or practice, prohibit or materially limit the enforcement of a criminal offense. Gives the attorney general enforcement authority and recovery of costs and attorney’s fees.
SB 78 by Johnson (D-Dallas): Amends § 171.063(c), Health and Safety Code, to extend the period in which a physician may provide an abortion-inducing drug from 49 to 70 days of gestational age. Pre-empts any other law or local ordinance.
SB 79 by Johnson (D-Dallas): Repeals the old criminal abortion statute, Chapter 6 ½, Title 71, Revised Statutes.
SB 81 by Johnson (D-Dallas): Changes applicable statutes to reflect the legality of same-sex marriage.
SB 82 by Johnson (D-Dallas)/SB 111 by Menendez (D-San Antonio)/HB 970 by Zwiener (d-Driftwood): Repeals statutes that criminalize or negatively represent homosexual conduct.
SB 122 by Alvarado (D-Houston)/HB 979 by Howard (D-Austin)/HB 2000 by Johnson (D-Farmers Branch): Creates an exception to the abortion ban if the pregnancy results from a sexual assault, an aggravated sexual assault, or incest. Repeals the old Texas criminal abortion statute, Title 71, Chapter 6 ½, Vernon’s Statutes.
SB 123 by Alvarado (D-Houston): Amends § 170A.001(3), Health and Safety Code, to change the definition of “pregnant” to refer to an embryo or fetus in the human body, as opposed to the current “living unborn child” within “the female’s body.” Creates exceptions to the abortion ban for abortions performed, in the physician’s best judgment (as opposed to “reasonable medical judgment”) to preserve the pregnant patient’s life or physical or mental health, at the request of the pregnant patient because of a lethal fetal anomaly or diagnosis, of requested because of a life-limiting diagnosis that indicates the existence of the fetus outside the womb is incompatible with life absent extraordinary medical intervention. Requires that an abortion under these conditions be considered independently by the pregnant patient and physician. Bars a medical review committee from overriding a determination by the patient and physician.
SB 203 by Eckhardt (D-Austin): Requires a physician or health care practitioner to prioritize the health of a pregnant patient over the health of the fetus when recommending a health care treatment for the patient, regardless of whether the treatment poses a risk of injury or death to the fetus. Provides that the pregnant patient may refuse such treatment and treatment can only be given with the patient’s informed consent. Provides for an administrative penalty against a physician or practitioner for violations.
SB 162 by Perry (R-Lubbock): Requires birth certificates to list the biological sex of the child.
SB 227 by Eckhardt (D-Austin): Repeals the old criminal abortion statute, Chapter 6 ½, Title 71, Revised Statutes.
SB 291 by Johnson (D-Dallas): Amends § 170A.002, Health and Safety Code, to provide that direct or indirect assistance provided to an individual for traveling outside the state to obtain an abortion does not constitute a prohibited abortion. Amends § 171. 208, Health and Safety Code, to grant immunity from a suit to a person who provides or intends to provide direct or indirect assistance to an individual for traveling outside the state to obtain an abortion.
SB 476 by Hughes (R-Mineola)/HB 643 by Patterson (R-Frisco)/HB 708 by Shaheen (R-Plano)/HB 1266 by Schatzline (R-Fort Worth): Defines a “drag performance” as “a performance in which a performer exhibits a gender identity that is different than the performer’s gender assigned at birth using clothing, makeup, or other physical markers and sings, lip syncs, dances, or otherwise performs before an audience.” Deems businesses that show a drag performance as sexually-oriented businesses for purpose of local regulation.
SB 511 by Hall (R-Edgewood): Bars all economic and tax incentive programs authorized by the state from providing a grant or incentive to an entity that assists, refers, or otherwise encourages a woman to obtain an abortion.
SB 676 by Johnson (D-Dallas)/HB 838 by Gonzalez (D-Dallas): Amends § 1366.003, Insurance Code, to change the conditions for required health benefit coverage for in vitro fertilization. Removes the requirement that the fertilization of the patient’s cocytes is made only with the sperm of the patient’s spouse and reduces the required number of years in which the patient has had a history of infertility from 5 to 3 years.
SJR 15 by Johnson (D-Dallas)/HJR 61 by J. Johnson (R-Farmers Branch): Repeals Art. I, § 32, Texas Constitution, which provides that marriage consists only of the union between one man and one woman.
SJR 21 by Eckhardt (D-Austin)/HJR 62 by Goodwin (D-Austin): Proposes an amendment to Art. I, Texas Constitution, to recognize an individual’s reproductive choice.
SJR 23 by Eckhardt (D-Austin): Proposes an amendment to Art. I, Texas Constitution, to recognize an individual right to be free from governmental intrusion or interference into the individual’s private life.
SJR 25 by Johnson (D-Dallas): Adds §§ 1A, 1B, Texas Constitution, to reserve to the people the powers of initiative and referendum. Requires at least 5% of the total number of voters received by the governor in the most recent gubernatorial election statewide and in each senate district to sign a petition for a statutory change. Requires 6% for a constitutional change.
Nullification
HB 33 by Landgraf (R-Odessa)/SB 470 by Springer (R-Muenster): Bars a state agency or employee from contracting with or assisting a federal agency or official in the enforcement of a federal statute or regulation pertaining to oil and gas operations. Gives the attorney general enforcement authority.
HB 262 by Swanson (R-Spring): Prohibits a state agency or political subdivision from cooperating with a federal agency in implementing an agency rule that the attorney general finds violates the federal constitutional rights of a citizen or exceeds the power granted to the federal government by the constitution.
HB 325 by Toth (R-The Woodlands): Bars a county or district attorney from serving as of counsel in a federal court proceeding involving enforcement of a federal law regulating firearms, firearm accessories, or ammunition.
HB 384 by C. Bell (R-Magnolia)/SB 313 by Hall (R-Edgewood): Establishes a committee of six House members and six senators to review federal government action to determine whether the action is unconstitutional. Requires the committee to report a determination that an action is unconstitutional to the legislature. Requires the legislature to vote on the determination and, upon approval by a majority of each house, send the determination to the governor for approval or disapproval. Provides that if the governor approves, the action is deemed unconstitutional and the secretary of state must notify Congress. Bars implementation or enforcement of an unconstitutional action. Gives the attorney general prosecution authority. Grants original jurisdiction to any state court to determine in a declaratory judgment action whether a federal action is unconstitutional.
HB 1023 by Harrison (R-Midlothian): Prohibits the U.S. Food and Drug Administration from regulating a clinical laboratory when the lab is performing a lab-developed test on a pathogen or agent that is the basis for a federal emergency declaration or to diagnose the health condition that is the basis for the emergency declaration. Defines the lab as a state agency but bars a state agency from regulating the lab if it did not possess that authority prior to the declared emergency. Does not relieve a lab of any state or federal liability.
SB 242 by Middleton (R-Galveston): Bars a state agency or political subdivision from cooperating with a federal government agency to implement an agency rule that the attorney general has identified as violating a citizen’s federal constitutional rights.
SB 307 by Hall (R-Edgewood): Prohibits the state or a local government from enforcing or providing assistance to a federal official or agency with respect to enforcing federal law responding to a federally declared public health emergency and imposing a prohibition, restriction, or other regulation that does not exist under Texas law. Cuts state money to a political subdivision that enforces a federal law. Provides a complaint procedure and enforcement by the attorney general with cost and attorney’s fee recovery.
State Pre-emption/Local Government Control
HB 121 by Vasut (R-Angleton): Prohibits a city or county from adopting or enforcing an ordinance or other rule or policy that exceed or conflict with federal or state law relating to employment issues, including leave, hiring practices, benefits, scheduling practices, or other terms of employment.
HB 553 by Troxclair (R-Austin): Bars a political subdivision from enacting an ordinance, order, or other measure providing for a universal basic income.
HB 602 by Shaheen (R-Plano): Requires a political subdivision to participate in the E-Verify program to verify information of all new employees.
HB 744 by Dean (R-Kilgore)/HB 764 by Cain (R-Houston): Bars a political subdivision from prohibiting or restricting the use or sale of gasoline-powered landscaping equipment.
HB 1414 by Toth (R-The Woodlands): Bars the state or a state agency from assisting the federal government in the regulation of gas stoves.
HB 1819 by Cook (R-Mansfield): Bars a political subdivision from adopting or enforcing a juvenile daytime curfew, other than in a declared emergency.
HB 2035 by Slawson (R-Stephenville): Adds § 24.0041, Property Code, to prohibit a municipality or county from adopting or enforcing an ordinance, order, or other measure that prohibits, restricts, or delays delivery of notice to vacate or filing of suit to recover possession of the premises. Likewise prohibits any other ordinances relating to an eviction suit.
SB 130 by Campbell (R-San Antonio): Prohibits a city or county from regulating employment benefits.
SB 149 by Springer (R-Munster): Bars a city from regulating commercial activity. Does not apply to a uniquely local concern, local land use, protection of citizens’ physical safety, regulation explicitly authorized by statute, or a measure that requires nondiscrimination in the provision of employment or service to any person on the basis of any state or federally protected class.
SB 784 by Birdwell (R-Granbury): Pre-empts local government regulation of greenhouse gas emissions.
Tort Liability
HB 194 by Ortega (D-El Paso): Establishes safety requirements for amusement ride operators.
HB 242 by Howard (D-Austin): Provides immunity from civil liability for a person that donates a feminine hygiene product to a nonprofit organization for distribution to individuals in need of the product, provided the product meets quality and labeling standards imposed by law at the time of the donation. Applies also to the nonprofit organization that distributes the product. Does not apply to intentional action or gross negligence resulting in injury.
HB 291 by Murr (R-Junction): Amends Chapter 521, Transportation Code, to place new restrictions on the issuance or renewal of occupational driver’s licenses. Bars a person from applying for a license if: (1) DPS determines that the person is incapable of operating a motor vehicle under Ch. 524; (2) the person does not hold a driver’s license and is ineligible to obtain one because of a suspension order, including an order due to a conviction or under Chapters 524 or 724 (intoxication); (3) the person is ineligible because the person holds a driver’s license issued by another state or country that was revoked, suspended, or canceled for a cause other than physical or mental impairment. Provides that an occupational driver’s license does not authorize a person to operate a commercial motor vehicle to which Chapter 522 applies (moving offenses). Establishes a procedure for petitioning a court to accept applications for a license.
HB 356 by C. Bell (R-Magnolia): Grants immunity from liability to a person with control over the premises of a business who gives permission to a concealed carry license holder to carry a concealed firearm on the premises solely on the basis of the permission. Provides that the lack of an oral or written communication indicating that concealed firearms are prohibited on the premises constitutes permission to carry on the premises.
HB 527 by Wu (D-Houston): Amends the Texas Citizens Participation Act (Ch. 27, CPRC) to exempt from the application of the Act a legal malpractice claim.
HB 515 by Meza (D-Irving): Adds Chapter 121, Business & Commerce Code, to require an original manufacturer of electronics-enabled heavy equipment, including parts for the equipment, sold or used in this state to make available on fair and reasonable terms to any independent repair provider or owner of such equipment; (1) documentation, replacement parts, and tools; and (2) documentation, replacement part, or tool necessary to disable and reset a lock when disabled in the course of diagnosis, maintenance, or repair of the equipment. Bars a provision in an agreement between an authorized repair provider and original equipment manufacturer purporting to waive or otherwise limit the original manufacturer’s obligation under the act. Does not require an authorized repair provider to make documentation, parts, and tools available for a fair and reasonable terms. Makes a violation a deceptive trade practice under Chapter 17, Business & Commerce Code.
HB 603 by Shaheen (R-Plano): Adds Chapter 128A, CPRC, to bar a civil action against a person who reports suspicious activity to law enforcement if the person acted as a reasonable person would in the same or similar circumstances and with a reasonable belief that the suspicious activity constituted or was in furtherance of a crime, including an act of terrorism.
HB 1079 by Martinez (D-Weslaco): Requires food service establishments that prepares food items containing peanuts or a peanut product to conspicuously post a warning sign in the area where food is consumed or on the menu.
HB 1080 by Martinez (D-Weslaco): Permits a food service establishment to require each employee whose position requires regular interaction with customers consuming food on the premises to hold a certification in cardiopulmonary resuscitation.
HB 1372 by Cody Harris (R-Palestine): Adds Chapter 100C, CPRC, to limit the cause of action for public nuisance. Excludes the following claims, actions, or conditions from giving rise to a public nuisance cause of action: (1) an action or condition authorized, approved, or mandated by a court order; (2) an action or condition authorized, approved, or mandated by a statute, ordinance, regulation, permit, order, rule, or other measure issued, adopted, promulgated, or approved by the federal government, a federal agency, a state, a state agency, or a political subdivision; (3) a claim based on the manufacturing, distribution, selling, labeling, or marketing of a product, regardless of whether the product is defective; or (5) any other claim, action, or condition determined by common law not to constitute or give rise to a cause of action for public nuisance. Prohibits a governmental entity from recovering economic, noneconomic, or exemplary damages in a public nuisance action. Provides that a financial expenditure made by a governmental entity related to the remediation, abatement, or injunction of an unlawful condition does not constitute an injury sufficient to confer standing to file or maintain a public nuisance action. Allows an individual to bring a public nuisance action only for compensatory damages for an injury caused to the individual that is different in kind, not just in degree, from an injury suffered by the public. Bars a public nuisance action for interference with the use or damage to public land, air, or water with only personal, spiritual, cultural, or emotional significance to the individual. Bars the aggregation of private nuisance claims to produce a violation of established public rights.
HB 1553 by Ashby (R-Lufkin): Amends § 2151.002(1), Occupations Code, to exclude from the definition of “amusement ride” certain challenge courses and waterslides.
HB 1594 by Campos (D-San Antonio): Requires a social media company that discovers a person using the site to promote prostitution or human trafficking to preserve the content, notify appropriate law enforcement, remove the content, and either suspend the account or issue a warning to the account holder. Creates a Class A misdemeanor for violations.
HB 1727 by Hernandez (D-Houston): Requires day care centers to place video recording equipment in areas where children are present, record when children are present, and retain the video for thirty days. Limits those who may view the video to an employee who is involved in an alleged incident documented by the video and reported to the commission, a parent of a child involved in an alleged incident, and appropriate commission, department, or law enfordement personnel.
HB 1745 by Leach (R-Plano): Adds Chapter 150E, CPRC, to require a claimant bringing a personal injury action against a transportation network company to file with the petition (or at the initiation of arbitration) an affidavit by claimant’s counsel setting forth specifically for each theory of recovery (1) the negligence, if any, or other action, error, or omission of the company; and (2) the factual basis for each claim. Further requires a third-party expert affidavit attesting that the damages exceed the applicable insurance coverage. Requires a court or arbitration tribunal to dismiss the action for failure to file the affidavits. Makes an order granting or denying a motion to dismiss immediately appealable as an interlocutory appeal or grounds to file an application to a court to review the order of the arbitration tribunal. Provides that the transportation network company may not be held vicariously liable if the company did not commit a state or federal crime and has fulfilled its obligations with respect to the company driver under Chapter 2402, Occupations Code.
HB 1808 by Jones (D-Houston): Requires a peace officer employed by a law enforcement agency, as a condition of employment, to obtain and maintain liability insurance covering damages resulting from misconduct, including intentional, negligent, and willful acts, committed while acting in the scope of employment.
HB 1868 by Campos (D-San Antonio): Requires the HHSC commissioner to adopt minimum standards for the staff-to-resident ratio in assisted living facilities based on scientific evidence and consideration of the increased need for supervision of residents with Alzheiner’s disease or related disorders.
SB 58 by Zaffirini (D-Laredo): Adds Chapter 328, Business & Commerce Code, to prohibit the sale or use of any technology, device, or software in the sale of a good on an Internet website that: (1) functions as a bypass in the purchasing process; (2) disguises the identity of the purchaser; (3) permits the purchase of a quantity of goods exceeding the maximum number that may be sold to one purchaser as specified by the seller or operator on the website; (4) allows for the unauthorized access to or identification of gift card information; or (5) circumvents a security measure, access control system, or other control, authorization, or measure in the purchasing process. Enforcement by the attorney general, who may recover court costs, attorney’s fees, and investigation fees.
SB 502 by Hughes (R-Mineola): Amends § 123.003, Natural Resources Code, to expand tort immunity for a producer of drill cuttings if: (1) the producer has a legal or contractual right to transfer the drill cuttings to an unaffiliated third-party permit holder in an arm’s length transaction, (2) the method and location of the use or disposal are not prohibited by law, contract, or other written agreement, and (3) the consequence was caused solely by the permit holder. Expands the definition ot permit holder to include a commercial oil and gas waste disposal facility.
SB 494 by Hughes (R-Mineola): Adds § 84.0067, CPRC, to confer immunity from liability to a religious organization or security personnel of a religious organization for death, damage, or injury if the personnel was acting in the course and scope of employment or volunteer duties or functions to provide security services.
SB 815 by Perry (R-Lubbock): Amends § 75.006, CPRC, to provide immunity from liability for a landowner or lessee for damages arising from an occurrence involving livestock, whether or not on the property, due to an act or omission of a trespasser or a third party who damages a fence on the property, or due to wildlife, an act of God, or another cause beyond the control of the landowner or lessee. Extends the same immunity to the owner, lessee, or occupant of agricultural land for any damage or injury arising from the actions of a trespasser, a third party, or wildlife, an act of God, or circumstances beyond the control of the owner, lessee, or occupant. Further provides immunity from liability for damages arising from the action of an individual who enters or causes another person to enter the agricultural land without the permission of the owner, lessee, or occupant because of the actions of a trespasser, a third party, or wildlife, an act of God, or circumstances beyond the control of the owner, lessee, or occupant.
Health Care Liability
HB 41/HB 122 by Toth (R-The Woodlands)/SB 250 by Hall (R-Edgewood): Prohibits a physician or health care provider from providing care for the purpose of transitioning a child’s biological sex. Prohibits a professional liability insurance policy issued to a physician or health care provider from covering damages arising from the provision of such care. Makes the provision of such care a prohibited practice under § 164.052, Occupations Code.
HB 42 by Toth (R-The Woodlands)/HB 436 by Patterson (R-Frisco): Amends the definition of “child abuse” in §261.001, Family Code, to apply to a medical professional or mental health professional who provides gender transitioning or gender affirming care.
HB 49 by Klick (R-Fort Worth): Makes certain information related to an investigation of a hospital or licensed mental hospital by the Health and Human Services Commission subject to the Open Records Act (Ch. 552, Government Code). These include notices of violations, the number of investigations of the hospital, the pleadings in an administrative proceeding to impose a penalty on a hospital, the outcome of the investigation, and the commission’s investigative report or order addressing the alleged violations. Requires the commission to post the information on its website not later than the 90th day after it issues its final decision, investigative report, or order.
HB 112 by Howard (D-Austin): Requires hospitals, nursing facilities, ambulatory surgical centers, freestanding emergency medical facilities, and other health care facilities to establish a workplace violence prevention committee and develop a plan to prevent workplace violence. Following an incident of workplace violence, requires a facility to provide immediate services, including necessary acute care treatment. Bars a facility from discriminating against a person who in good faith reports an incident of workplace violence. Gives enforcement authority to the appropriate licensing authority.
HB 148 by Julie Johnson (D-Farmers Branch): Increases the size of the Texas Medical Disclosure Panel from 9 to 11 members, at least one of which must be a person board certified in personal injury trial law. Bars the appointment of a registered lobbyist, a health care provider or a provider’s spouse, or a person who works in a health-care related field, including insurance.
HB 233 by Murr (R-Junction): Requires an inpatient mental health facility, treatment facility, or hospital that provides comprehensive medical rehabilitation services to provide four hours of continuing inservice training of employees regarding identification of patient abuse or neglect.
HB 248 by Murr (R-Junction): Establishes a task force on patient solicitation by mental health and chemical dependence facilities. Includes Internet solicitation in the regulated forms of media advertising. Prohibits a facility from contracting with a marketing provider who agrees to provide general referrals or leads to prospective patients through a call center or website, unless the terms of the contract are disclosed to the prospective patient. Prohibits false and misleading statements about a facility’s services or location in advertising media or on a website. Prohibits a person from receiving a commission or any benefit for securing or soliciting a patient for or from a person licensed, certified, or registered by a state health care regulatory agency. Increases criminal and civil penalties for violations.
HB 326 by Goodwin (D-Austin): Requires a health facility to remove all medical equipment from a deceased individual’s body before transferring the body to a funeral director. Enforceable by an administrative penalty of $500 per violation.
HB 536 by Wu (D-Houston): Amends § 74.301, CPRC, to index the $250,000 cap on noneconomic damages in health care liability cases by the CPI from September 1, 2003 to the time when damages are awarded in a judgment or settlement. Indexes both liability limits and financial responsibility amounts.
HB 888 by Slawson (R-Stephenville): Adds § 74.252, CPRC, to extend the statute of limitations for a claim by a minor based on the administration of a puberty suppressing drug or cross-sex hormone to or the performance of surgery or another medical procedure on the minor for the purpose of gender transitioning or gender reassignment. Provides that such that a claim must be brought by the minor’s 25th birthday, rather than the 14th birthday for all other health care liability claims.
HB 1543 by Oliverson (R-Cypress): Provides immunity to the commissioner or chief medical executive of HHSC for consequences arising from a general standing order prescribing an opioid antagonist.
HB 1593 by Campos (D-San Antonio): Requires long-term care facilities to designate a quality assurance committee to conduct an annual review of the facility’s infection prevention and control program and to present its findings to facility residents and personnel at a meeting that is open to the public. Requires a facility to designate a primary and secondary infection preventionist responsible for reporting, investigation, record maintenance, and implementation of such programs. Authorizes the commission to assess administrative penalties for failure to comply.
HB 1692 by Frank (R-Wichita Falls): Bars a health care provider from charging a facility fee. Enforcement by administrative penalty assessed by HHSC.
HB 1791 by Y. Davis (D-Dallas): Amends §74.351(r)(5), CPRC, to add a chiropractor or physician to the definition of “expert” for the purpose of giving opinion testimony about the causal relationship between the injury, harm, or damages claimed and the alleged departure from the standard of care for a chiropractor. Adds §74.403(c-1), CPRC, to permit a chiropractor to give opinion testimony in a health care liability claim against a chiropractor.
HB 1873 by Campos (D-San Antonio): Establishes a patient’s bill of rights focused on the patient’s right to direct his or her care by an appropriately qualified physician, rather than a non-physician provider. Establishes informed consent requirements. Requires a provider, among other things, to give the patient information about deviating from the standard of care because of cost, health benefit plan coverage, or hospital supply shortage. Requires the provider to provide cost of service information, including information about the patient’s coverage or whether a provider is an independent contractor who bills separately. Establishes a complaint procedure to HHSC and the relevant regulatory and licensing agencies and imposes administrative penalties for violations. Prohibits deceptive or misleading advertising about a provider’s qualifications, education, training, or licensure status, enforceable by disciplinary action.
SB 297 by Hall (R-Edgewood): Requires hospitals to adopt and enforce a “patient’s bill of rights” with enumerated responsibilities and duties. Authorizes HHSC to assess an administrative penalty of $1,000 for each violation and allows the attorney general to sue to collect the penalty. Establishes multiple bases for civil liability against hospitals and associated health care providers.
SB 298 by Hall (R-Edgewood): Creates a private right of action against a health care provider for failing to obtain an informed consent before immunizing a child. Allows recovery of attorney’s fees, court costs, investigation costs, witness fees, and deposition expenses. Provides that the cap on punitive damages does not apply to the action.
SB 299 by Hall (R-Edgewood): Requires a hospital to allow a physician who is not a member of the hospital’s medical staff to provide care or treatment to a patient at the hospital at the patient’s request. Provides that a hospital is not liable for damages resulting from treatment provided by a non-staff physician. Does not provide immunity for other hospital providers acting under the direction of a non-staff physician.
SB 300 by Hall (R-Edgewood): Allows a pharmacist to refuse to dispense an abortion-inducing drug or a Schedule II-V controlled substance.
SB 301 by Hall (R-Edgewood): Prohibits a health care licensing agency from taking adverse action against a health care provider or pharmacist that prescribes, dispenses, administers, or otherwise provides invermectin or hydroxychloroquine to a patient. Prohibits a pharmacist from contacting a provider to dispute the efficacy of those drugs. Provides immunity to providers for negligence.
SB 302 by Hall (R-Edgewood): Creates a private cause of action by an employee or the employee’s legal representative against an employer for damages arising from adverse health events resulting from the employer’s vaccine requirement for employees. Allows recovery of attorney’s fees and costs. Provides that the exclusive remedy of workers’ compensation does not apply to the action.
SB 303 by Hall (R-Edgewood): Prohibits a health care provider who participates in Medicaid or CHIP from refusing services to an individual based on failure to obtain a vaccination for a particular infectious or communicable disease. Requires the commission to disenroll a provider who does so.
SB 304 by Hall (R-Edgewood): Prohibits a person from discriminating against or refusing to provide a public accommodation based on the person’s vaccination history or immunity status for a communicable disease. Enforceable by the attorney general in a suit for equitable relief. Prohibits such discrimination by a long-term care facility, health care provider, health care facility. Punishes violations by defunding, disciplinary action, and administrative penalties. Prohibits a health benefit plan from discriminating against an individual based on vaccination status. Prohibits a health benefit plan from using an individual’s vaccination status in rating. Prohibits a health benefit plan from discriminating against a provider based on the vaccination status of the provider’s patients. Prohibits an employer from discriminating against an individual based on vaccination status. Prohibits a licensing agency from discriminating against a licenseholder or applicant based on vaccination status. Prohibits an educational institution, hospital, or health care facility from requiring as a condition of employment to be vaccinated or to participate in vaccine administration. Creates a private right of action for equitable relief, reinstatement, back pay, and interest. Prohibits TXDOT from discriminating against a driver’s license applicant based on vaccination status. Abolishes vaccination requirements for schools and institutions of higher education. Eliminates emergency authorization for a physician to administer a vaccination. Bars disciplinary action against child care providers or foster parents for declining to immunize a child. Bars the state or a local government from requiring vaccines. Bars a health care provider from disclosing a person’s vaccination history. Abolishes all child vaccine requirements.
SB 305 by Hall (R-Edgewood): Imposing new reporting requirements on a person who administers a vaccine. Subjects a person who violates the reporting requirements to disciplinary action by the appropriate licensing agency. Creates a no-injury cause of action for injunctive relief with recovery of attorney’s fees and costs. Requires a school, institution of higher education, child care facility, state public health official, medical service, long-term care provider, and employer to accept a health exemption from a vaccine requirement without question. Provides for disciplinary action against a license holder and a no-injury cause of action for injunctive relief with recovery of attorney’s fees and costs.
SB 314 by Hall (R-Edgewood): Prohibits a person from selling a fetal tissue food product, medical product, or cosmetic product (including a product “derived from research using fetal human tissue” without a clear and conspicuous label prescribed by HHSC.
SB 490 by Hughes (R-Mineola)/HB 1973 by Harris (R-Round Rock): Requires a health care provider to provide an itemized billing statement if the provider requests payment from a patient for a health care service or related supply. Prohibits a provider from pursuing debt collection if the provider did not provide the itemized statement.
SB 666 by Hall (R-Edgewood): Amends Chapter 154, Occupations Code, to limit the persons who may file a complaint with the Texas Medical Board regarding a license holder to the license holder’s patient or a person directly involved in the care of the license holder’s patient. Establishes requirements for the form of complaint. Requires the board to complete its investigation of a complaint within 180 days. Bars the board from investigating a complaint that is more than 3 years old and complaints involving care provided to a person 17 years of age or younger unless the complaint is filed on or before the person’s 20th birthday. Requires review of a complaint against a physician to be conducted by a licensed physician engaged in the active practice of medicine. Requires at least 6 of 8 members of a panel of reviewing physicians to find that the physician’s conduct falls below the acceptable level of care in order for the board to discipline the physician.
SB 826 by Hughes (R-Mineola): Requires a covered entity that restricts a parent’s access to electronic health records of a minor 13 years of age or older must notify the parent in writing that the parent may access the child’s records by contacting the entity.
SB 831 by Flores (R-Austin): Requires four hours of inservice training for new employees and four hours for continuing employees designed to assist employees and health care professionals associated with an inpatient mental health facility, treatment facility, or hospital that provides comprehensive medical rehabilitation services in identifying patient abuse or neglect and illegal, unprofessional, or unethical conduct by or in the facility.
Employment Law
HB 79 by Talarico (D-Austin): Adds Chapter 25, Labor Code, to prohibit an employer from discriminating against an employee for taking time off to serve as required by law on an inquest jury or trial jury, if the employee gives reasonable notice prior to the required service. Prohibits employment discrimination against an employee who is the victim of a crime and takes time off to appear in court under a subpoena. Prohibits employment discrimination against an employee who takes time off to obtain injunctive relief to help ensure the health, safety, or welfare of the victim or their child. Requires the employee to provide certification to the employer of the reason the employee took time off. Prohibits employment discrimination against an employee who is the victim of a crime or abuse, if the employee provides notice or the employer has actual notice. Requires an employer to make reasonable accommodations for a victim of domestic abuse, stalking, or sexual assault if the victim requests it.
HB 307 by Bernal (D-San Antonio): Adds Chapter 83, Labor Code, to require employers to provide paid sick leave annually.
HB 404 by Collier (D-Dallas): Requires private employers to provide paid leave annually. Requires employers with 75 or fewer employees to provide paid leave after the second anniversary date of the date the employer hires its first employee. Provides that paid leave accrues at one hour for each 30 hours worked up to a maximum of 40 hours per calendar year. Entitles an employee to carry over 40 hours of unused leave to the next year, unless the employer pays the employee for the unused leave or offers the full amount of leave expected to accrue in the following year. Requires an employee to work at least 18 hours a week to use paid leave. Prohibits an employer from taking an adverse employment action against an employee who requests or uses paid leave or who files a complaint with the TEC. Imposes an administrative penalty of $500 for a violation involving retaliation against an employee, $100 for other violations. Imposes liability on an employer of employee who prevails in a civil action for lost wages, salary, benefits, or other compensation, as well as equitable relief, including reinstatement or promotion. Allows the court to award reasonable attorney’s fees, expert witness fees, and other costs to the employee.
HB 425 by Vandeaver (R-New Boston): Prohibits an employer with 20 or more employees for discriminating against an employee who is a volunteer first responder and who misses work because the employee is responding to an emergency in the employee’s capacity as a volunteer first responder. Creates a civil cause of action against the employer for lost wages and benefits and equitable relief.
HB 494 by Meza (D-Irving): Entitles an employee who has worked for an employer for at least one year to up to 30 days of leave to attend to the employee’s own serious health condition or the serious health condition of the employee’s spouse, child, grandchild, sibling, parent, parent-in-law, grandparent, or grandparent-in-law. Also extends to the birth of a child or care or services necessary if the employee or member of the employee’s family are a victim of family violence, sexual assault or abuse, stalking, or trafficking. Does not require leave to be paid but entitles the employee to wage replacement benefits for leave taken. Provides that if the employer offers paid leave, an employee is entitled to the average amount that would have been paid to the employee during the pay period. Does not entitle an employee to accrual of seniority or other employment benefits during the leave period or any right, benefit, or position the employee was not previously entitled to. Creates a wage replacement benefit fund funded by employee contributions of .25% of the employee’s monthly pay. Makes violations of this chapter unlawful employment practices.
HB 528 by Wu (D-Houston): Requires an employer to allow an employee time off for injuries suffered by the employee or employee’s child as a result of family violence or a violent felony offense. Allows 30 working days of leave for in any 12-month period. Requires an employee to certify to the employer within a reasonable time of the employee’s initial absence from work. Requires an employee with existing leave time, personal leave time, sick leave time, or compensatory leave time to use that leave time for a planned absence. Does not require the employer to compensate the employee for leave unless the employee is otherwise entitled to compensation for other leave used. Entitles an employee who returns from leave reinstatement to the employee’s former or a comparable position and any benefits accrued before the employee took time off. Prohibits employer retaliation.
HB 723 by S. Thompson (D-Houston)/SB 108 by Menendez (D-San Antonio): Adds § 21.202(a-2) to provide that an unlawful employment practice occurs each time a discriminatory compensation decision or other discriminatory practice affecting compensation is adopted, an individual becomes subject to the decision or practice, or an individual is adversely affected by application of the decision or practice. Amends § 21.258, Labor Code, to provide that liability may accrue, and an aggrieved individual may obtain relief (including back pay), if the unlawful practices that occurred during the period for filing a complaint are similar or related to discrimination in compensation that occurred outside the period. Makes it an unlawful employment practice for an employer to inquire into an applicant’s wage history information from the applicant or a previous employer or requires disclosure of the information as a condition of employment. Provides for enforcement by the commission in accordance with Chapter 21.
HB 725 by Rose (D-Dallas): Bars an insurer from refusing to insure or provide coverage, limit the amount, extent, or kind of coverage, or charge a different rate based on the individuals’ sexual orientation or gender identity or expression. Amends Chapter 21, Labor Code, to prohibit an employer from discriminating against an individual based on sexual orientation or gender identity or expression.
HB 1043 by Hinojosa (D-Austin): Prohibits a private employer to require an employee whose compensation is the greater of the federal minimum-wage employee or $15/hour from signing a covenant not to compete. Makes such an agreement void and unenforceable.
HB 1215 by Cook (R-Mansfield): Prohibits the state or a political subdivision (other than a school district or law enforcement agency) from asking a job applicant about his or her criminal history. Allows the public entity to establish job qualifications that exclude people with specific criminal convictions and permits the entity to ask on the application whether the applicant has any convictions that would disqualify him or her. Does not prohibit the employer from obtaining a criminal history background check on the applicant once a job offer has been made.
HB 1549 by Romero (D-Fort Worth): Amends § 61.053, Labor Code, to require the Workforce Commission to assess administrative penalties against an employer who in bad faith fails to pay wages to an employee (current law makes this discretionary). Defines “bad faith” as a history of previous violations, discriminatory or retaliatory action, failure to pay to multiple employees at one time, failure to pay when the employer knows it’s against state law, failure to pay due to the employer’s reckless disregard for the employee.
HB 1806 by Morales Shaw (D-Houston): Amends Chapter 21, Labor Code, to prohibit an employer from discriminating against an individual based on sexual orientation or gender identity or expression.
HB 1810 by Cain (R-Houston): Bars a local entity or institution of higher education from employment discrimination against an employee who reports a policy, pattern, or practice of non-enforcement of immigration laws to a law enforcement authority.
Construction Law/Freedom of Contract
HB 217 by Murr (R-Junction): Amends § 53.024, Property Code, to provide that the amount of a subcontractor’s lien may be the contract price less previous payments received by the original contractor and the claimant on the subcontractor.
HB 495 by Meza (D-Irving): Mandates a governmental entity that contracts with a construction contractor to require in the contract at least a 10-minute paid rest break for every four hours worked. Authorizes a governmental entity to impose an administrative penalty of not less than $100 or more than $500 for each day an employee is not give a required rest break.
HB 679 by K. Bell (R-Forney): Adds § 272.003, Business & Commerce Code, to make voidable an offer to contract that requires a person to have a specified experience modifier in order to accept the offer, as well as a contract solicitation that requires a person to have a specified experience modifier in order to submit a response to the solicitation.
HB 1054 by Turner (D-Arlington): Adds Subchapter L, Chapter 301, Labor Code, to require a contractor to “properly classify each individual providing construction services as either an employee or an independent contractor in accordance with” TWC rules. Provides that an individual may not be considered an employee solely on the basis the individual must submit to a criminal background check or preemployment drug screening or possess a certain license or certification relating to the work the individual will perform. Provides that the contractor is not required to report an individual as an employee if the contractor shows that the individual is an independent contractor, provides a 1099 or equivalent form, and files the form with the IRS. Exempts governmental entities and religious organizations. Establishes a complaint procedure. Imposes administrative penalties on contractors for misclassifying employees. Requires TWC to report violations to a government entity that the commission reasonably believes has received construction services provided by the contractor. Requires TWC to compile an annual report detailing violations.
HB 1056 by Hinojosa (D-Austin): Requires an investment firm or financial institution that owns and offers for lease a dwelling in this state to register with the comptroller. Requires the comptroller to compile and maintain the information in a publicly accessible registry.
HB 1057 by Hinojosa (D-Austin): Bars an investment firm from entering into an executory contract to purchase a single-family home that is listed for sale before the 30th day after the date the home is listed. Makes a contract entered into before that date voidable by the seller.
HB 1075 by Harris (R-Palestine): Prohibits a foreign government, company directly or indirectly controlled by a foreign government, or company or entity owned by or the majority of stock or other ownership interest of which is held or controlled by a foreign government or foreign government controlled entity, from acquiring an interest in agricultural land.
HB 1089 by Rosenthal (D-Houston): Repeals Chapter 2271, Government Code, which prohibits a governmental entity from contracting with a company that boycotts Israel. Repeals Chapter 2274, Government Code, which bars a governmental entity from contracting with a company that boycotts an energy company and requires the state to divest investments from such companies.
HB 1090 by Rosenthal (D-Houston): Repeals Chapter 2271, Government Code, which prohibits a governmental entity from contracting with a company that boycotts Israel.
HB 1091 by Rosenthal (D-Houston): Repeals Chapter 2274, Government Code, which bars a governmental entity from contracting with a company that boycotts an energy company and requires the state to divest investments from such companies.
HB 1092 by Rosenthal (D-Houston): Repeals Chapter 2274, Government Code, which bars governmental entities from contracting with companies that boycott businesses that manufactures firearms or ammunition.
HB 2022 by Leach (R-Plano): Makes several changes to Chapter 27, Property Code (residential construction liability). Provides that a contractor is liable only to the extent a defective condition proximately causes actual physical damage to the residence, an actual failure or lack of capability of a building component to perform its intended function or purpose, or an imminent danger to the safety of the occupants of the residence. Provides that a contractor is not liable for for damages caused by the failure of a person other than the contractor to timely notify the contractor of a construction defect. Provides that a contractor is not liable for normal cracking or shrinkage cracking. Provides that to maintain a breach of a warranty of habitability, a claimant must establish that a construction defect existed in the residence on the date the residence was completed or title was conveyed to the original purchaser and the defect has rendered the residence uninhabitable. Requires the claimant to act with reasonable diligence after discovery and investigation o the defect to send pre-suit notice to the contractor. Allows the contractor uip to three inspections during the 35-day right to cure period. Provides that if a court or arbitration tribunal may award attorney’s fees to a contractor if the action is abated because the claimant failed to send the pre-suit notice or did not permit an inspection. Limits recoverable damages only to economic damages listed in the statute. Authorizes the court or arbitration tribunal to order that an offer of settlement by the contractor made after the applicable deadline is timely if the claimant failed to provide required written notice, failed to provide the contractor with evidence of the defect, or amended a claim to add a new alleged defect (or under circumstances beyond the contractor’s control). Provides that limitations applies the same to an arbitration proceeding as to a filing in court. Repeals § 27.004(f) (limitations does not apply if the contractor fails to make a reasonable settlement offer), § 27.004(l), § 27.0042(b), and § 27.007(c).
HB 2024 by Leach (R-Plano): Amends § 16.008, CPRC, to require a person to bring a claim arising out of the design, planning, or inspection or a new residence, an alteration of or repair or addition to an existing residence, or an appurtenance to a residence against a registered or licensed architect, engineer, interior designer, or landscape architect no later than 8 years after the substantial completion of the improvement or the beginning of operation of the equipment in an action arising out of a defective or unsafe condition of the real property, the improvement, or the equipment. Amends § 16.009, CPRC, to establish an 8-year limitations period in a similar action against a person who constructs or repairs the improvement. Establishes a 5-year limitations period if the defendant is a contractor who has provided a written warranty for the residence. Provides that a written warranty must provide a minimum period of one year for workmanship and materials, two years for plumbing, electrical, and HVAC, and five years for major structural components.
SB 147 by Kolkhorst: Adds § 5.0051, Property Code, to prohibit China, Russia, Iran, and North Korea and any businesses directly or indirectly owned by their governments or individual citizens of those countries from acquiring title to real property in Texas.
SB 541 by Campbell (R-San Antonio): Bars the state or a political subdivision of the state from contracting with an entity that is barred from federal contracts under the John S. McCain National Defense Authorization Act of 2019, that contracts with a barred entity, or is designated a risk to state security by the governor.
SB 552 by Campbell (R-San Antonio): Bars a person from entering into an agreement related to agricultural land with a citizen of China, North Korea, Iran, Russia or other country designated by the governor.
SB 620 by Campbell (R-San Antonio): Prohibits state investment in entities that engage in scrutinized business operations with a designated significant foreign narcotics trafficker, defined as having a contract with or providing supplies to a trafficker, owning an equity share in a trafficker, being involved in a consortium or project commissioned by a trafficker, or do business with a company involved in such a consortium or project. Requires the comptroller to maintain a list of designated significant foreign narcotics traffickers and other related persons designated by the president or secretary of the treasury.
SB 680 by Johnson (D-Dallas): Expands the definition (§ 552.003(1-A), Government Code) of “contracting information” subject to disclosure under the Open Records Act to include financial documents relating to the receipt or expenditure of public funds by a governmental entity. Amends § 552.0222 to provide that exceptions to disclosure do not apply to communications between the entity and a vendor, contractor, potential vendor, or potential contractor relating to a contract. Requires such information to be released in unredacted form. Bars a governmental entity from requesting an AG’s decision regarding disclosure of such information. Requires that information to be disclosed if held by a law enforcement agency or prosecutor.
Raises the standard for nondisclosure of a bidder’s internal business organization and operations to require a “substantial” competitive advantage if discovered by a competitor. Repeals § 321.0322(f), Tax Code, which exempts from disclosure information obtained by a governmental entity in regard to municipal sales and use taxes paid by businesses.
HB 1963 by Leach (R-Plano): Amends § 162.001, Property Code, to provide that funds reserved by the owner during the progress of work for purposes of a mechanic’s lien are trust funds. Amends § 162.003(a), Property Code, to provide that an artisan, laborer, mechanic, contractor, subcontractor, or materialman is a beneficiary of trust funds reserved under the mechanic’s lien retainage requirement (§ 53.101, Property Code). Amends § 162.034, Property Code, to require a court to award costs and attorney’s fees to a beneficiary who prevails in an action for misapplication of trust funds.
SB 711 by Perry (R-Lubbock): Requires a “prohibited foreign actor” to give a seller of real property in this state a written notification before closing of the actor’s inclusion in the most recent annual report on worldwide threats, known as the Annual Threat Assessment issued by the Director of National Intelligence. Requires a court to dismiss an action against the seller for revoking a promise to sell real property based on the notification.
SB 803 by Hughes (R-Mineola): Adds § 2252.909, Government Code, to prohibit a construction contract between a governmental entity and a contractor from prohibiting or limiting the award of compensatory damages to the contractor for a delay caused solely by the governmental entity. Provides that a waiver of this provision is void.
Procedure/Discovery/Privileges
HB 422 by Vandeaver (R-New Boston): Allows a juvenile court to conduct remote proceedings without the consent of the parties. Authorizes the court to conduct a detention proceeding remotely without consent of the parties.
HB 556 by Vasut (R-Angleton): Directs the supreme court to adopt rules allowing for documents containing alleged trade secrets to be filed under seal. Requires the rules to require the document to be filed with an affidavit describing the document and the basis for claiming trade secret privilege. Makes the affidavit open to public inspection. Requires the rules to provide for the unsealing of the documents on a motion by any person on a showing of a specific, serious, and substantial interest that clearly outweighs a presumption in favor of preserving the secrecy of trade secrets or a determination by the court that the document does not contain a trade secret. Requires adoption of the rule by January 1, 2024.
HB 616 by Vasut (R-Angleton): Requires at least one hour of the 20 hours of required continuing education for court clerks to concern the proper selection of grand and petit juries.
HB 698 by Neave Criado (D-Dallas)/SB 243 by Johnson (D-Dallas): Provides that on written request by an applicant or witness who is to be protected by a proposed protective order, the court shall provide a method by which the applicant or witness may appear remotely, unless the court finds good cause to deny the request.
HB 955 by Dutton (D-Houston): Amends § 18.001, CPRC, to exempt a medical bill or other itemized statement of a medical or health care service charging $50,000 or less, an expense affidavit is not required to support a finding of fact that the amount charged was reasonable and necessary.
HB 1255 by Smithee (R-Amarillo): Adds § 16.073, CPRC, to provide that a party may not assert a claim in an arbitration proceeding that the party could not assert in court because the applicable limitations period had expired. Allows a party to assert such a claim if the party brough suit for the claim in court before the expiration of limitations, or the parties either agreed to arbitrate the claim or the court ordered the parties to arbitrate the claim.
HB 1561 by Smithee (R-Amarillo): Amends § 51.014, CPRC, to require a court of appeals to state the specific reason for declining to accept a permissive appeal. Provides that the supreme court may review a court’s decision not to accept the appeal under an abuse of discretion standard.
HB 2007 by Martinez (D-Weslaco): Amends § 150.002, CPRC, to provide that a third-party plaintiff that is a design-builder or design-build firm is not required to file a certificate of merit in connection with a third-party claim or cross-claim against a licensed or registered professional if the action or arbitration proceeding arises out of a design-build project in which a governmental entity contracts with a single entity to provide both design and construction services for a building or facility, a civil works project, or a highway project.
SB 520 by West (D-Dallas): Adds § 30.0065, CPRC, to bar a party in a civil case from producing or releasing material (1) received, made, or kept by an agency or program with the primary purpose of protecting, securing, or relocating witnesses, or (2) in the possession of the state and relating to the protecting, securing, or relocating a witness by an agency or program. Requires the trial court to place any material reviewed in camera under seal of the court to preserve the material for appellate review. Given a prosecutor or other attorney representing an agency or program standing in any civil action to oppose the disclosure of such information. Creates a Class A misdemeanor for unlawful disclosure of the material.
Insurance
HB 150 by Julie Johnson (D-Farmers Branch): Prohibits a claimant and an insurer that writes personal or commercial automobile insurance from entering into an oral release for claims arising out of property damage or injury for which the insurer may be liable under the policy.
HB 287 by Julie Johnson (D-Dallas): Requires a residential property insurer in a policy that includes replacement cost coverage to pay at least 80% of the estimated cost or repair for a valid claim. Does not require the insurer to pay more than replacement cost for personal property of like kind and quality.
HB 597 by Jetton (R-Richmond): Adds Chapter 1813, Insurance Code, to require property and casualty insurance policies to conform to the appraisal procedure established by statute. Establishes an appraisal process that allows either the policyholder or insurer to demand appraisal by written notice if they fail to agree on the amount of loss. Requires the parties to select a competent appraiser not later than the 20th day after the appraisal demand. Requires the appraisers to appraise the loss not later than 30 days after selection, subject to a 60-day extension by agreement of the parties and the appraisers. Provides that if the appraisers agree, that amount is set as the amount of the loss. Provides that if the appraisers disagree, the appraisers shall select a competent umpire. Requires a judge to select the umpire if the appraisers cannot agree. Requires the umpire to determine the loss not later than 30 days after receiving notice of appointment by selecting one of the amounts submitted by the appraisers. Does not prevent a party from pursuing its rights under the policy or law. Requires the parties to pay their own appraiser and split the expense of an umpire. Requires the insurer to refund the policyholder’s expenses if the appraisal process determines that the amount of loss is $1 dollar or more than the insurer’s proposed undisputed loss statement. Provides that this process does not affect policy terms or deductibles and the use of the procedure is not a condition precedent to bringing an action for a violation of the code, breach of contract, or for any other common law or statutory remedy.
HB 601 by Jetton (R-Richmond): Amends § 542.003(b), Insurance Code, to make it an unfair claims settlement practice to compel a policyholder to retain a public adjuster to recover an amount due under the policy by offering substantially less than the amount ultimately recovered in a settlement with the policyholder. Amends §4102.104, Insurance Code, to require an insurer to pay a commission of a license holder for services provided to the insured as a result of the insurer’s violation of Chapter 541 or § 542.003(b), in addition to any other payment required by law.
HB 831 by J. Johnson (D-Farmers Branch): Amends § 544.002, Insurance Code, to prohibit an insurer from refusing to provide coverage or continue providing coverage to an individual because of the individual’s sexual orientation or gender identity or expression.
HB 998 by Paul (R-Houston): Amends § 2211.051, Insurance Code, to authorize the commissioner of insurance to include in a Fair Access to Insurance Requirements Plan property owners’ association insurance if the commissioner determines that such insurance is not reasonably available in the voluntary market to a substantial number of insurable risks. Adds § 2211.1515, Insurance Code, to require TWIA to make property owners’ association insurance to an applicant in an underserved area up to 10 miles beyond TWIA’s designated catastrophe area, if the applicant has made diligent effort (evidenced by two declinations) but has been unable to secure insurance in the voluntary market. Makes conforming changes in other sections.
HB 1039 by E. Thompson (R-Pearland): Requires an insurer who writes residential property insurance in Texas to cover additional living expenses incurred by the insured if the insured property is uninhabitable due to a stoppage caused by a covered loss of water, electricity, sewer, or natural gas services for a period of at least 24 hours (if the policy includes such coverage in any amount).
HB 1074 by Hull (R-Houston): Amends § 1806.002, Insurance Code, to authorize an insurer or insurer’s agent to offer or give an insured or applicant, for free or at a discounted price in a manner that is not unfairly discriminatory to insureds or applicants of the same class and of essentially the same hazard, services or other offerings not specified in the insurance policy that relate to loss control of the risks covered under the policy. Clarifies that various non-discrimination provisions in Chapter 1806 do not permit an unfair method of competition or a false, misleading, or deceptive act or practice under the DTPA. Requires the cost to the insurer or insurer’s agent of offering the product or service to be reasonable in comparison to that customer’s premiums or insurance coverage for the policy class.
HB 1128 by Martinez Fischer (D-San Antonio): Adds Chapter 1511, Insurance Code, to require a health benefit plan to cover pre-existing conditions and “essential health benefits” as listed in 42 U.S.C. § 18022(b)(1) and other benefits identified by the U.S. secretary of health and human services as essential benefits. Prohibits annual or lifetime limits for essential health benefits. Prohibits cost-sharing requirements that exceed the limits provided by 42 U.S.C. § 18022(c)(1). Prohibits a health plan issuer from limiting, excluding, or requiring a waiting period for treatment of a pre-existing condition or charging more for coverage of an insured with a pre-existing condition. Prohibits health status-based discrimination in plan benefit design, marketing, and enrollment. Prohibits a health benefit plan issuer issuing a group health plan from limiting enrollment to an open or special enrollment period. Requires a health benefit plan issuer to issue a group or individual plan to a sponsor or individual that elects to be covered and follow the plan requirements. Requires a health plan issuer to renew or continue an individual or group plan at the option of the group plan sponsor or individual, subject to specific exceptions.
HB 1234 by E. Thompson (R-Pearland): Prohibits an insurer from issuing or renewing a residential property insurance policy unless the insurer provides coverage for damage to a m,etal roof regardless of whether the damage impedes the function of the roof.
HB 1235 by E. Thompson (R-Pearland): Amends § 601.072(a-1), Transportation Code, to require the $25,000 minimum amount of motor vehicle liability coverage for damage to or destruction of property of others in one accident to include any diminution of value as a result of the accident. Effective January 1, 2024.
HB 1239 by Oliverson (R-Cypress)/SB 833 by King (R-Weatherford): Prohibits an insurer from considering a customer’s ESG score or consideration of diversity, equity, and inclusion factors.
HB 1321 by Clardy (R-Nacogdoches): Amends § 1952.301, Insurance Code, to prohibit an insurer from requiring that: (1) a vehicle be repaired with the least expensive part or product available; (2) a vehicle owner buy a part or product from any vendor on the basis that the part or product is the least expensive. Prohibits an insurer from considering a specified part or product to be of like kind or quality as an OEM part or product for any purpose unless the insurer or manufacturer conclusively prove that the part or product meets the fit, finish, and quality criteria established by the original equipment manufacturer, is the same weight and metal hardness as the OEM part, and has been tested using the same crash and safety test criteria used by the original equipment manufacturer. Bars an insurer or adjuster from limiting the policy beneficiary from selecting a body shop to repair the vehicle “to the vehicle’s condition before the damage occurred” without owing any out-of-pocket cost other than the deductible, coercing a beneficiary from using a particular repair facility, or offering an incentive or inducement to use a particular repair facility, other than a warranty issued by the facility. Prohibits an insurer or adjuster from requiring a beneficiary or third-party claimant to travel an inconvenient distance for vehicle repair, offer, communicate, or suggest that a particular repair facility will do the job faster or more efficiently handle the claim, or disregard a repair operation or cost identified by an objective estimation system.
HB 1337 by Hull (R-Houston): Prohibits a health benefit plan from requiring step therapy before providing coverage of an FDA-approved prescription drug for treating serious mental illness. Allows a step therapy protocol to require a trial of a generic or pharmaceutical equivalent of a prescribed prescription drug only once in a plan year and if the equivalent drug is added to the plan’s drug formulary.
HB 1352 by Hernandez (D-Houston): Subjects county mutual insurers to the requirements of Subchapter C, Chapter 1952, Insurance Code, which requires automobile liability insurers to provide uninsured/underinsured coverage.
HB 1437 by Clardy (R-Nacogdoches)/SB 554 by Hughes (R-Mineola): Adds Subchapter I, Chapter 1952, Insurance Code, to require a personal automobile insurance policy to contain an appraisal procedure. Establishes an appraisal procedure whereby: (1) the insured or insurer may demand an appraisal up to 90 days after proof of loss, (2) each party shall appoint a competent appraiser to determine the loss, and (3) in the event of a disagreement the appraisers shall appoint an umpire (or the court if the appraisers can’t agree. Provides that if the appraisal ends up $1 more than the insurer’s proposed undisputed loss statement, the insurer shall refund to the insured appraisal costs.
HB 1527 by Oliverson (R-Cypress): Prohibits an employee benefit plan or health insurance policy provider from recovering an overpayment from a dentist unless it follows certain procedures and gives the dentist the opportunity to object within a specified time. Prohibits a plan or policy from allowing the insurer to deny payment for a covered service and from barring the dentist from balance billing. Limits the ability of a plan or policy provider to grant third-party access to a provider network and allows a dentist to opt out of participating in third party access to the network.
HB 1592 by Oliverson (R-Cypress): Allows the plan sponsor of an ERISA employer health benefit plan to elect to apply the balance billing and out-of-network provider dispute resolution requirements of Chapter 1275, Insurance Code, to the plan for the relevant plan year.
HB 1656 by Capriglione (R-Southlake): Amends § 27.02, Business & Commerce Code, to apply the prohibition on waiving, absorbing, or declining to collect a deductible in a transaction for good or service for $1,000 or more payable from the proceeds of a property insurance policy to automobile policies as well.
HB 1696 by Buckley (R-Lampasas): Establishes any willing provider requirements for managed health plans, including vision benefit plan issuers and administrators, that contract with optometrists, therapeutic optometrists, and ophthalmologists.
HB 1706 by Perez (D-Houston): Bars an insurance policy from prohibiting an insured to contract with a public adjuster.
HB 1726 by Hernandez (D-Houston): Requires a health benefit plan issuer to reimburse a preferred or contracted professional for providing a covered health care service or procedure to a covered patient as a telemedicine medical service, teledentistry dental service, or telehealth service on the same basis and at least the same rate that the issuer reimburses that provider for in-person service. Adds credentialed mental health professionals to the list of covered providers.
HB 1861 by Guillen (R-Rio Grande City)/HB 1900 by Smithee (R-Amarillo): Amends § 551.105, Insurance Code, to extend the prior written notice requirement for nonrenewal of a property and casualty policy from 30 to 60 days.
HB 1902 by Smithee (R-Amarillo): Requires health benefit plan issuers to include in their directories of facility-based physicians updated information regarding all providers and their specialties.
HB 2065 by E. Thompson (R-Pearland): Amends § 551.1053, Insurance Code, which requires an insurer to give the insured written notice of nonrenewal if the insured fails or refuses to cooperate with an insurer in the investigation, settlement, or defense of a claim, to limit the application of the provision to a third-party claim.
HB 2021 by Oliverson (R-Cypress): Requires a pharmacy benefit manager that administers a self-funded employer sponsored benefit plan (ERISA plan) to state regulation under Chapter 1369, Insurance Code.
HB 2180 by Harris (R-Palestine): Requires a health plan to reduce an enrollee’s cost-sharing amount for prescription drug by an amount equal to or greater than all rebates received or to be received from the enrollee’s PBM or health benefit plan issuer.
SB 796 by Middleton (R-Galveston): Requires a surplus lines insurance contract that contains an arbitration agreement to provide that the arbitration will be conducted in Texas and governed by the laws for Texas. Provides further that the insurance contract will be interpreted in accordance with Texas law.
SB 167 by Springer (R-Munster): Directs the Commissioner of Insurance to establish a pool for paying the deductible incurred by a person with a valid claim against an individual who is excluded from coverage in a named insured policy. Permits TDI to assess insurers to fund the pool.
SB 230 by Hinojosa (D-Edinburg): Requires a member of the board of directors or a subcommittee of the board of TWIA to recuse himself or herself from a vote on a matter, if the member is employed by an entity that may benefit from the outcome of the vote or holds a financial or personal interest in an entity that may financially benefit from the outcome of the vote.
SB 474 by Springer (R-Muenster)/HB 1716 by Guillen (R-Rio Grande City): Raises the minimum auto liability coverage for damage to or destruction of property of others from $25,000 to $50,000, effective January 1, 2024.
SB 622 by Parker (R-Flower Mound)/HB 1754 by Smithee (R-Amarillo): Requires a health benefit plan issuer that covers prescription drugs and uses a drug formulary to disclose the formulary and up-to-date cost sharing information (as well as other information) to the enrollee or the enrollee’s prescribing provider upon request. Prohibits the issuer from delaying a response to a request, restricting communication between the provider and patient about the cash price of the drug, or interfere with or discourage access to the information (i.e., charging a fee or penalizing a provider for requesting the information.)
SB 634 by Menendez (D-San Antonio): Prohibits a health plan from requiring prior authorization of a prescription drug benefit or a prescription drug prescribed to treat a chronic or autoimmune disease.
SB 724 by Lamantia (D-Brownsville)/HB 1726 by Hernandez (D-Houston): Requires a health plan issuer to reimburse a preferred or contracted health professional for providing a covered health care service or procedure to a covered patient as a telemedicine medical service, teledentistry dental service or telehealth service on the same basis and at least at the same rate the issuer provides reimbursement to that professional for the service or procedure in an in-person setting.
Worker’s Compensation
HB 90 by Patterson (R-Frisco): Amends Chapter 401, Labor Code, to entitle members of the Texas military forces to the same benefits under the workers’ compensation system as first responders.
HB 102 by S. Thompson (D-Houston): Amends § 408.001(b), Labor Code, to permit a decedent’s estate to recovery exemplary damages based on the employer’s gross negligence.
HB 351 by C. Bell (R-Magnolia): Authorizes a workers’ compensation insurer to contract with an accident and health insurer to offer to employers a workers’ compensation and group accident and health insurance policy together in one packaged plan. Allows a workers’ compensation insurer that offers a packaged plan to allow for medical benefits (but not other compensable injuries under the comp law) under Chapter 408, Labor Code (comp benefits) to be provided to employees through the group accident and health plan. Requires employee contributions to the group health plan to exclude any portion of the premiums allocated to the provision of workers’ compensation medical benefits. Requires a packaged policy to pay for medical examinations required by Chapter 408 from the workers’ compensation policy. Does not affect the exclusive remedy. Bars a health care provider from pursuing a private claim against a workers’ compensation claimant covered by a package plan, except to the extent permitted by § 413.042, Labor Code. Grants rulemaking authority to the commissioner of insurance.
HB 471 by Patterson (R-Frisco): Requires a municipality or county to provide to a firefighter, police officer, or EMS personnel a fully paid leave of absence for an illness or injury related to the person’s line of duty for up to one year. If after a year the person’s leave is not extended or the person’s salary falls below 60% of the person’s regular monthly salary, and the person is a member of a retirement system with disability benefits, the person becomes eligible to receive disability retirement benefits until return to duty. Provides that a first responder temporarily disabled by an injury or illness not related to the person’s line of duty may use accumulated sick leave, vacation time, and other accrued benefits before the person may be placed on temporary leave or may have another first responder do the person’s job while the person is disabled. Allows a return to light duty for at least one year following a temporary disability and requires reinstatement to the same rank and seniority as the person had before the temporary disability. Further amends Chapter 408, Labor Code, to add the following to the conditions for which lifetime income benefits are paid to an injured employee: (1) permanent major neurocognitive disorder or psychotic disorder; (2) third degree burns the majority of both feet, one hand and one foot, one hand or one foot and the face; or (3) a serious bodily injury sustained by the employee in the course and scope of the person’s employment or volunteer service as a first responder that permanently prevents the employee from performing any gainful work. Amends §607.052(b), Government Code, to except from the presumption that certain diseases are occupational for first responders the responder’s or the responder’s spouse’s use of tobacco product an average of four or more times per week during any six-month period in the five years preceding the diagnosis of the disease or illness. Amends §607.056, Government Code, to expand the presumption that a heart attack or stroke suffered by a first responder during the course and scope of employment to no longer require the stressful or strenuous physical activity to be “nonroutine” (including a training exercise) or the heart attack or stroke to have occurred while the first responder were engaging in the stressful activity (now must be no later than 24 hours after the end of a shift in which the first responder engaged in the activity). Requires future collective bargaining agreements to incorporate these changes.
HB 493 by Meza (D-Irving): Amends § 408.181, Labor Code, to index death benefits paid under the workers’ compensation system to the CPI for urban wage earners and clerical workers.
HB 778 by Walle (D-Houston): Requires contractors and subcontractors to provide workers’ compensation insurance for their employees.
HB 790 by Patterson (R-Frisco): Amends § 408.0041, Labor Code, to require the first request of the carrier, injured employee, or DWC for an examination by a designated doctor to include a request to the designated doctor to provide an opinion of the extent of the compensable injury. Amends § 409.021, Labor Code, to require the carrier contesting a claim to notify the injured employee and DWC of the specific reasons for the contest, including any disputes in the cause of the injury, the extent of the injury, or the treatment. Amends § 409.021, Labor Code, to provide that the carrier waives its right to contest or deny the extent of the specific injury claimed by the injured worker or reasonably reflected in a review of the worker’s medical records if it does not comply with the 15-day written notice of injury requirement (applies only to first responders and custodial officers under § 607.051, Government Code). Amends § 409.021, Labor Code, to provide that the carrier waives its right to contest or deny the extent of the specific injury claimed by the injured worker or reasonably reflected in a review of the worker’s medical records if it does not contest or deny the extent of a compensable injury in writing by the 60th day after which the carrier had notice of the claimed injury (applies to all injured workers). Adds § 417.005, Labor Code, to make the carrier liable for the injured worker’s reasonable and necessary medical expenses if the carrier denies a claim that is later found to be compensable in an administrative hearing. Amends § 410.156, Labor Code, to allow a party or witness to appear at an administrative hearing remotely if good cause exists and to allow an attorney who represents a party in a contested case hearing to appear remotely (no good cause requirement).
HB 1702 by Collier (D-Dallas): Adds § 541.060(c), Insurance Code, to apply the unfair settlement practices statute to workers’ compensation policies.
HB 1839 by Collier (D-Dallas): Adds § 408.0273, Labor Code, to authorize an employee to request a medical causation narrative report from the treating doctor or a doctor to whom the treating doctor previously referred the employee and who later treated the employee if the employee disagrees with the plain language notice from the insurer disputing the extent of the employee’s compensable injury. Requires the insurer to pay for one medical narrative report for each plain language notice disputing the extent of the injury.
SB 716 by Alvarado (D-Houston): Amends § 401.011, Labor Code, to define “post-traumatic stress disorder.” Uses the same definition as currently provided by § 504.019(a)(2), Labor Code (coverage for PTSD for certain first responders).
SB 799 by Springer (R-Muenster): Amends § 408.161(a), Labor Code, to add to the list of conditions for which lifetime income benefits are paid: a permanent major neurocognitive disorder or psychotic disorder; third degree burns on both feet, one hand and one foot, or one hand or one foot and the face; or a serious bodily injury sustained by the employee in the course and scope of employment or volunteer service as a first responder that permanently prevents the employee from performing any gainful work. Adds Subchapter I-l, Labor Code, to make firefighters and peace officers eligible for “critical illness benefits,” if the employee required from employment on or after January 1, 2024, and not later than the 5th anniversary of the date of retirement that employee is diagnosed with a type of cancer listed in § 607.055(b), Government Code, or suffers an acute myocardial infarction or stroke. Sets the amount of critical illness benefits at the greater of $150,000 or the person’s annual salary in the last year of employment. Requires the commissioner to index the amount by the CPI every ten years. Requires an insurer to pay the amount in a lump sum. Amends § 607.052(b), Government Code, to provide that the cancer presumption does not apply if the first responder used a tobacco product an average of four or more times a week during any six-month period in the five years preceding the diagnosis of the disease or illness. Amends § 607.056, Government Code, to extend the presumption for myocardial infarction or stroke to up to 24 hours after the end of the first responder’s shift and to routine activities.
Eminent Domain
HB 376 by Rogers (R-Graford): Amends § 402.031, Government Code, to require the landowner bill of rights to notify the property owner of the owner’s right to submit to the appraisal district a report of decreased value for the owner’s remaining property after the taking. Must include the comptroller’s decrease of value form.
HB 695 by Rogers (R-Graford): Bars a governmental or private entity from taking private property through the use of eminent domain for development of a wind project.
HJR 26 by Schofield (R-Katy): Amends Art. III, § 52j, Texas Constitution, to require an entity, including a private entity, with eminent domain authority to offer to sell property acquired by eminent domain to the owner or owner’s heirs, successors, or assigns, for the price the entity paid at the time the property was acquired by eminent domain.
HJR 81 by Schofield (R-Katy): Amends Art. I, § 17(b), Texas Constitution, to exclude from the definition of “public use” the taking of property by a public entity for transfer to a private entity for any purpose.
SB 201 by Eckhardt (D-Austin): Amends § 21.041, Property Code, to require special commissioners to admit evidence of the market value of the property’s highest and best use without consideration of the property’s conservation easement status. Provides that if the entire tract or parcel that is subject to a conservation easement is condemned, the damage to the property is the market value of the property’s highest and best use without consideration of the easement. Provides that if part of a tract subject to a conservation easement is condemned, the commissioners shall determine damage by estimating the extent of the injury and benefit to the owner based on the property’s highest and best use without the easement status and including the effect of the taking on the owner’s remaining property, based on the remainder’s highest and best use without consideration of the easement.
Civil Rights
HB 256 by Bernal (D-San Antonio) )/SB 274 by Blanco (D-El Paso): Adds Chapter 100B, Civil Practice & Remedies Code, to prohibit discrimination in public accommodations against a person because of sexual orientation or gender identity. Creates a cause of action for actual and punitive damages, attorney’s fees, court costs, and equitable relief. Also applies to a contractor or subcontractor that contracts with the state. Amends Chapter 21, Labor Code, to make it an unlawful employment practice to discriminate against a person because of sexual orientation or gender identity. Amends Chapter 301, Property Code, to prohibit a person from discriminating against a person because of sexual orientation or gender identity in the sale or rental of property.
HB 265 by Bernal (D-San Antonio): Amends Chapter 301, Property Code, to prohibit housing discrimination based on sexual orientation or gender identity.
HB 567 by Bowers (D-Dallas): Prohibits a student dress or grooming policy adopted by a school district or institution of higher education from discriminating against a hair texture or protective hair style commonly or historically associated with race. Prohibits an employer, labor union, or employment agency from doing the same. Prohibits a seller or lessor of residential real property from doing the same.
HB 725 by Rose (D-Dallas): Bars an insurer from refusing to insure or provide coverage, limit the amount, extent, or kind of coverage, or charge a different rate based on the individuals’ sexual orientation or gender identity or expression. Amends Chapter 21, Labor Code, to prohibit an employer from discriminating against an individual based on sexual orientation or gender identity or expression.
HB 850 by Reynolds (D-Missouri City): Adds Chapter 100B, CPRC, to create a private cause of action against a business or other entity for discrimination against an individual because of the individual’s sexual orientation or gender identity or expression. Allows a court to award actual and punitive damages, attorney’s fees, costs, and injunctive relief. Prohibits a contractor for the state from discriminating against an individual based on sexual orientation or gender identity or expression. Authorizes administrative penalties for violators.
HB 1006 by Tepper (R-Lubbock): Prohibits an institution of higher education from funding or promoting diversity, equity, and inclusion. Authorizes an action for injunctive relief plus attorney’s fees and costs.
HB 1033 by Tepper (R-Lubbock): Prohibits the state or a local government from requiring diversity training. Prohibits the state or a local government from entering into a contract with a company or organization that requires diversity training or any other training that may be “partisan, political, or ideological.”
HB 1046 by Tepper (R-Lubbock): Prohibits an institution of higher education from requiring an employee or student “to identify a commitment to or make a statement of personal belief supporting any specific partisan, political, or ideological set of beliefs,” including diversity, equity, and inclusion. Likely creates an implied cause of action.
HJR 63 by Allen (D-Houston): Adds Art. I, § 36, to prohibit any person from being held in slavery or involuntary servitude for any reason, including as punishment for a crime (the Texas Constitution does not currently ban slavery).
SB 110 by Menendez (D-San Antonio)/HB 1012 by Gonzalez (D-Dallas): Adds Chapter 113, Business & Commerce Code, to prohibit a person from discriminating against any person because of race, color, disability, religion, sex, national origin, age, sexual orientation, or gender identity (or status as a military veteran) to full and equal accommodation in any place of public accommodation in the state. Establishes a complaint procedure at the Texas Workforce Commission. Allows a complainant to file a civil suit if the commission denies a complaint. Authorizes compensatory and punitive damages. Authorizes award of attorney’s fees to a prevailing party other than the commission. Provides trial de novo for a judicial proceeding. Provides for enforcement by the attorney general. Adds discrimination based on sexual orientation, gender identity, and status as a military veteran to unlawful employment practices parts of the Labor Code.
Court Records, Filing Fees, and Costs
HB 525 by Vasut (R-Angleton): Requires a statutory county court, district court, or appellate court to deliver through the electronic filing system in which the system is required or authorized all court orders the court enters in the case.
HB 2045 by Bowers (D-Rowlett): Provides that a county official or emplohyee while transacting county business is exempt from the payment of a fee for issuance of a court reporter transcript if the county provides and maintains court reporting equipment for courts.
Judicial Matters/Administration
HB 103 by Murr (R-Junction): Allows a county judge to appoint a person who served as an active judge for at least 96 months in a constitutional county court or a licensed attorney who served at least 48 months in a constitutional county court to sit in docketed matters before the court if the judge is absent or incapacitated.
HB 130 by A. Johnson (D-Houston): Creates six criminal district courts in Harris County.
HB 367 by Jetton (R-Richmond): Allows the Judicial Conduct Commission to accept complaints, conduct investigations, and take any other action with respect to a candidate for judicial office (subject to Chapter 253, Election Code) in the same manner as a judge.
HB 437 by Schofield (R-Katy): Pegs the compensation of a district judge to 82.5% and an appellate justice to 91% of the salary of a Supreme Court justice other than the Chief Justice. Adds § 659.0121, Government Code, to require the Legislative Budget Board, by December 31 of each even-numbered year, to calculate the base salary of a justice of the Supreme Court other than the Chief Justice and the other members of the state judiciary. Requires the LBB to include those amounts in the General Appropriations Act. Sets the amount of the annual base salary at the amount the state paid a Supreme Court justice other than the Chief Justice in the current fiscal year indexed by the CPI for two years of the preceding two state fiscal years. Allows the Legislature to reduce these amounts pro rata in the event of a lack of sufficient revenue.
HB 428 by Schofield (R-Katy): Provides for indexing of a district judge’s base salary by the CPI for the two preceding state fiscal years.
HB 457 by Smith (R-Van Alstyne): Gives the county-courts-at-law in Grayson County concurrent jurisdiction with district courts over family law matters.
HB 841 by Ordaz Perez (D-El Paso): Requires the Office of Court Administration to include case-level information on the amount and character of the business transacted by courts in its judicial statistics and other information about the courts.
HB 961 by Jetton (R-Richmond): Requires a justice of the peace to file an annual report of the total income received from performing marriage services, notary public services, and as registrar for the Bureau of Vital Statistics.
HB 1436 by Metcalf (R-Conroe): Redesignates Montgomery County Court at Law No. 2 as a statutory probate court. Gives the statutory probate court concurrent jurisdiction with a district court in disputes relating to the creation of a constructive trust, declaratory judgment actions, actions in which the only relief sought is a writ of injunction, and actions to appoint a receiver. Gives the statutory probate court jurisdiction over eminent domain, regardless of amount in controversy. Allows the court to conduct remote proceedings without the consent of the parties.
HB 1502 by Plesa (D-Dallas): Requires judicial training programs related to family violence, human trafficking, sexual assault, and child abuse to include childhood trauma and adverse childhood experiences.
HB 1627 by Hernandez (D-Houston): Requires judicial officers and court personnel to have implicit bias training. Requires the court of criminal appeals to approve courses. Requires attorneys to take state bar-approved CLE courses on implicit bias.
HB 1841 by Walle (D-Houston): Adds § 71.0354, Government Code, to a require a justice court to report monthly to the Texas Judicial Council each case involving a landlord-tenant dispute in the following categories: eviction suits, disconnection of utilities suits, repair and remedy suits, security deposit suits, unlawful lockout suits, suits involving the provision of security and safety devices, and any other category of suit brought under Title 8, Property Code, and designated by the council. Requires the OCA to publish and make searchable on its website information about landlord-tenant disputes in justice courts, including the court in which the suit was filed, whether any legal counsel or agent is representing the plaintiff or the defendant, and the disposition of the case.
HB 1985 by Vasut (R-Angleton): Entitles full-time associate judges of district courts to an annual state salary.
HB 2139 by Burrows (R-Lubbock): Amends the Code Construction Act (Chapter 311, Government Code) to require courts, when interpreting a statute, to enforce the text as written and in accordance with the meaning that the words of the statute would have to an ordinary speaker of the English language (i.e., prohibits so-called “intentionalism”). Provides that severability applies down to the word level in a statute (i.e., every word, phrase, clause, or sentence is severable from every other one). Attempts to limit judicial interpretations of the constitutionality of the statute to the parties in the specific case. Amends Chapter 312, Government Code (construction of statutes), to make the same changes and to bar courts from referring to legislative intent.
HJR 39 by Vasut (R-Angleton): Amends Art. V, § 1-a(1), Texas Constitution, to repeal the mandatory retirement age for judges.
SB 372 by Huffman (R-Houston)/HB 1741 by Leach (R-Plano): Creates a criminal offense (Class A misdemeanor) if a person knowingly discloses the contents of any non-public judicial work product to a person who is not a justice, judge, court staff attorney, court clerk, law clerk, or other court staff routinely involved in crafting an opinion or decision for an adjudicatory proceeding.
SB 373 by Huffman (R-Houston): Creates an additional county court at law in Waller County.
SB 802 by Hughes (R-Mineola): Raises the base salary of a district judge from $140,000 to $172,494.
SJR 40 by Hinojosa (D-Edinburg)/HJR 107 by Price: Amends § 1-a(1), Article V, Texas Constitution, to raise the mandatory retirement age for judges from 75 to 79.
Jury Matters
HB 128 by Bernal (D-San Antonio): Exempts classroom teachers, paraprofessionals, or librarians employed by a school district or open-enrollment charter school from jury duty.
HB 1332 by Herrero (D-Corpus Christi): Exempts firefighters and police officers from jury duty.
HB 1698 by Jones (D-Houston): Requires, in a county with a million people or more, the county to summon jurors directly to a justice court, which shall hear excuses from jury duty and command a sheriff or constable to summon additional jurors if needed.
HB 2014 by Leach (R-Plano): Amends § 61.001(a), Government Code, to raise juror reimbursement from $6 to $20 for the first day and from $40 to $58 for each day thereafter.
HB 2015 by Leach (R-Plano): Amends § 62.106(a), Government Code, to raise the minimum age for a jury exemption from 70 to 75.
Attorney’s Fees
HB 1874 by Noble (R-Allen): Requires a law enforcement agency to pay attorney’s fees in a civil asset forfeiture proceeding if the case is dismissed or decided against the law enforcement agency.
HB 1918 by J. Lopez (D-San Benito): Amends § 2254.1038(b), Government Code, to require the attorney general to publish on its website a contingent fee contract for legal services entered into by a political subdivision.
HB 2023 by Munoz (D-Palmview): Requires a court to award attorney’s fees to a prevailing plaintiff in an action against a political subdivision for failing to comply with Chapter 212 (municipal regulation of subdivisions and property development) or Chapter 232 (county regulation of subdivisions), Local Government Code.
Practice of Law
HB 157 by Ortega (D-El Paso)/SB 174 by Blanco (D-El Paso): Authorizes the governing board of a university system to establish a public law school in El Paso.
HB 788 by Meza (D-Irving): Establishes a task force under the Health and Human Services Commission to study access to legal services for persons with disabilities. Requires the task force to report to the legislature by December 1, 2024.
HB 1077 by Martinez (D-Weslaco): Authorizes the governing board of a university system to establish a public law school in Cameron County or Hidalgo County.
HB 1915 by Hefner (R-Mt. Pleasant)/SB 604 by King (R-Weatherford): Amends § 954.001, Occupations Code, to define “land services” provided by certified landmen for purposes of the exception to the unauthorized practice of law. Specifies the services performed by landmen to negotiating conveyances, exploration agreements, real property research to ascertain ownership, reviewing the status of title, curing title defects, doing due diligence, managing rights or obligations derived from ownership of interests, or using or pooling mineral interests or rights.
HB 1997 by Ortega (D-El Paso): Requires the president of UT-El Paso to designate a department or entity at the university to conduct a study examining the need for and feasibility of establishing a school of law at the university.
Probate Matters
HB 251 by Murr (R-Junction): Authorizes a statutory probate judge assigned on a party’s motion to hear a contested matter to order the estate and the parties to the proceeding to reimburse the county for the expenses of conducting the proceeding.
Administrative Procedures
HB 411 by Collier (D-Dallas): Adds § 2003.047(d-1), Government Code, to prohibit an applicant whose application has been referred to a contested case hearing from requesting changes in the application after the 31st day before the date scheduled for the preliminary hearing. Requires the applicant to withdraw the application if the applicant decides not to proceed to the preliminary hearing on or before the 31st day before the hearing. Requires an applicant who resubmits a revised application to comply with the notice requirements. Does not apply to a change made in an application after the preliminary hearing has been held and all the parties have been named, all parties agree to the change, and the applicant has complied with all notice requirements.
HB 766 by Allen (D-Houston): Amends § 5.554, Water Code, to require a public meeting on a permit application requested by a member of the legislature who represents the general area in which the facility is located or proposed to be located to be held in the house district in which the facility is located or proposed to be located.
HB 791 by Harrison (R-Midlothian): Amends § 2001.039, Government Code, to require a state agency’s review of a rule to assess the costs imposed on a regulated person if the rule is subject to § 2001.0045 (providing that a state agency that adopts certain rules that imposes a cost on regulated persons must be offset by the repeal or amendment to another rule to reduce costs to regulated persons by the same amount). Requires the agency to post on its website the data, working papers, and other materials used by the agency to make the assessment. Terminates a rule for which the agency failed to complete a timely rule review on the day following the statutory deadline for the review. Allows a person “potentially injured” by the continued enforcement of a terminated rule to bring a civil action for a declaratory judgment against and injunctive relief from the rule’s continued enforcement. Awards a prevailing plaintiff reasonable costs and attorney’s fees from the agency.
HB 1483 by Frank (R-Wichita Falls): Amends § 2001.0045(c), Government Code (the Administrative Procedures Act), to require a rule that is necessary to protect the health, safety, and welfare of Texas residents to comply with the mandate that an agency cannot adopt a rule that increases costs to the regulated people or entities unless it repeals or amends another rule to offset that cost. Makes anuy rule adopted in violation of that mandate voidable.
SB 179 by Miles (D-Houston): Requires TCEQ to consider the effect of cumulative emissions from a facility or proposed facility and from other facilities located less than three miles from the facility or proposed facility.
HB 934 by Dutton (D-Houston): Makes the state senator and representative who represent the district in which a facility to which a permit application related is located an “affected person” for purposes of administrative hearings.
HB 935 by Dutton (D-Houston): Amends § 5.555, Water Code, to require the executive director to respond to all public comments on a permit application, not just that are “relevant and material.” Requires the commission to consider all public comments when deciding whether to approve a permit.
HB 952 by Dutton: Adds § 361.042, Health and Safety Code (Solid Waste Disposal Act), to require TCEQ to set each carcinogenic risk level used by the commission at a rate not greater than one in a million.
HB 981 by Lopez (D-San Antonio)/SB 813 by Miles (D-Houston): Amends § 7.060, Water Code, to require TCEQ to send notice of a penalty to the state representative and senator representing the location where the violation occurred. Amends § 7.075(a), Water Code, to require TCEQ to send notice of a proposed administrative order or agreement to settle an enforcement action to the state representative and senator representing the location where the violation occurred.
HB 1947 by Harrison (R-Midlothian): Requires a judge or administrative law judge to interpret a statute, rule, or other guidance issued by a state agency de novo, without deference to an agency’s interpretation of the provision. Requires a judge or ALJ to resolve the question of an ambiguous provision of state law in favor of limiting state agency authority.
HB 1948 by Harrison (R-Midlothian): Requires permanent or emergency rules adopted by a state agency to be approved by the statewide elected official responsible for the agency.
HB 2161 by Dutton (D-Houston): Requires SOAH to submit a quarterly report to the legislature indicating for each county the total number of hearings decided by the office in the previous quarter, the percentage in which the ALJ decided in favor of the person requesting the hearing, and the percentage in which the ALJ decided in favor of a state agency. Requires state agencies to file the same report for appeals from SOAH decisions.
SB 506 by Perry (R-Lubbock): Adds § 2001.008, Government Code, to bar a state agency from adopting a rule that imposes a fee or a tax on items, services, privilege, or transaction without explicit authority granted by the legislature.
Texas Civil Justice LeagueBill Status Report02-10-2023 – 16:09:35
– Action in the date range 
– Link to Related Information ( ) – Priority
| Texas Civil Justice League |
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HB 27
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Goodwin, Vikki(D) |
Relating to protection of employers from liability and certain other penalties in connection with the provision of employee benefits. |
| Remarks: |
(AS FILED 11/14/22) Adds Chapter 142B, Civil Practice & Remedies Code, to bar civil actions and disciplinary proceedings against an employer based solely on the employer’s choice to offer or provide a particular employee benefit. Does not create or expand a cause of action. |
| Bill History: |
11-14-22 H Filed
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HB 33
|
Landgraf, Brooks(R) |
Relating to the enforcement of certain federal laws regulating oil and gas operations within the State of Texas. |
| Companions: |
| SB 470 |
Springer, Drew |
(Identical) |
|
1-13-23 S Filed |
|
| Remarks: |
(AS FILED 11/14/22) Bars a state agency or employee from contracting with or assisting a federal agency or official in the enforcement of a federal statute or regulation pertaining to oil and gas operations. Gives the attorney general enforcement authority. |
| Bill History: |
11-14-22 H Filed
|
|
HB 41
|
Toth, Steve(R) |
Relating to professional liability insurance coverage for and prohibitions on the provision to certain children of procedures and treatments for gender transitioning, gender reassignment, or gender dysphoria. |
| Remarks: |
(AS FILED 11/14/22) Prohibits a physician or health care provider from providing care for the purpose of transitioning a child’s biological sex. Prohibits a professional liability insurance policy issued to a physician or health care provider from covering damages arising from the provision of such care. Makes the provision of such care a prohibited practice under § 164.052, Occupations Code. |
| Bill History: |
11-14-22 H Filed
|
| Remarks: |
(AS FILED 11/14/22) Amends the definition of “child abuse” in §261.001, Family Code, to apply to a medical professional or mental health professional who provides gender transitioning or gender affirming care. |
| Bill History: |
11-14-22 H Filed
|
| Remarks: |
(AS FILED 11/14/22) Makes certain information related to an investigation of a hospital or licensed mental hospital by the Health and Human Services Commission subject to the Open Records Act (Ch. 552, Government Code). These include notices of violations, the number of investigations of the hospital, the pleadings in an administrative proceeding to impose a penalty on a hospital, the outcome of the investigation, and the commission’s investigative report or order addressing the alleged violations. Requires the commission to post the information on its website not later than the 90th day after it issues its final decision, investigative report, or order. |
| Bill History: |
11-14-22 H Filed
|
| Companions: |
| HB 1821 |
Zwiener, Erin |
(Refiled from 87R Session) |
|
| Bill History: |
11-14-22 H Filed
|
|
HB 58
|
Talarico, James(D) |
Relating to county and municipal authority regarding certain medical and health care billing by ambulance service providers. |
| Companions: |
| HB 89 |
Talarico, James |
(Identical) |
|
11-14-22 H Filed |
|
| Bill History: |
11-14-22 H Filed
|
|
HB 61
|
Noble, Candy(R) |
Relating to prohibited logistical support by a governmental entity for procurement of an abortion or an abortion provider’s services. |
| Remarks: |
(AS FILED 11/14/22) Prohibits a governmental entity from entering into a taxpayer resourced transaction or from appropriating or spending money to provide any person with logistical support for the express purpose of assisting a woman with procuring an abortion or an abortion provider’s services. Gives the attorney general enforcement power plus recovery of attorney’s fees and costs. |
| Bill History: |
11-14-22 H Filed
|
|
HB 79
|
Talarico, James(D) |
Relating to employment leave for victims of domestic violence, sexual assault, and stalking. |
| Remarks: |
(AS FILED 11/14/22) Adds Chapter 25, Labor Code, to prohibit an employer from discriminating against an employee for taking time off to serve as required by law on an inquest jury or trial jury, if the employee gives reasonable notice prior to the required service. Prohibits employment discrimination against an employee who is the victim of a crime and takes time off to appear in court under a subpoena. Prohibits employment discrimination against an employee who takes time off to obtain injunctive relief to help ensure the health, safety, or welfare of the victim or their child. Requires the employee to provide certification to the employer of the reason the employee took time off. Prohibits employment discrimination against an employee who is the victim of a crime or abuse, if the employee provides notice or the employer has actual notice. Requires an employer to make reasonable accommodations for a victim of domestic abuse, stalking, or sexual assault if the victim requests it. |
| Bill History: |
11-14-22 H Filed
|
|
HB 81
|
Harrison, Brian(R) |
Relating to informed consent before the provision of certain medical treatments involving COVID-19 vaccination. |
| Companions: |
| SB 177 |
Middleton, Mayes (F) |
(Identical) |
|
11-14-22 S Filed |
|
| Remarks: |
(AS FILED 11/14/22) Prohibits a person from compelling or coercing an individual lawfully residing in the state into obtaining a COVID-19 vaccination contrary to the individual’s vaccination preference. Requires a health care provider to obtain an informed consent for a COVID vaccine. Prohibits a person from taking an adverse action based on the person’s refusal to obtain a COVID vaccine. Authorizes the attorney general to obtain injunctive relief against a person to prevent a violation of this act. Imposes civil liability against a health care provider of $5,000 and allows recovery of all costs and reasonable attorney’s fees. |
| Bill History: |
11-14-22 H Filed
|
|
HB 89
|
Talarico, James(D) |
Relating to county and municipal authority regarding certain medical and health care billing by ambulance service providers. |
| Companions: |
| HB 58 |
Talarico, James |
(Identical) |
|
11-14-22 H Filed |
|
| Bill History: |
11-14-22 H Filed
|
|
HB 90
|
Patterson, Jared(R) |
Relating to benefits for certain members of the Texas military forces and survivors of members of the Texas military forces. |
| Companions: |
| SB 155 |
Huffman, Joan |
(Identical) |
|
11-14-22 S Filed |
|
| Remarks: |
(AS FILED 11/14/22) Amends Chapter 401, Labor Code, to entitle members of the Texas military forces to the same benefits under the workers’ compensation system as first responders. |
| Bill History: |
11-14-22 H Filed
|
|
HB 94
|
Johnson, Jarvis(D) |
Relating to the consideration for approval by the executive director of the Texas Commission on Environmental Quality of an application for an authorization to use a standard permit for a concrete batch plant. |
| Bill History: |
11-14-22 H Filed
|
|
HB 102
|
Thompson, Senfronia(D) |
Relating to the recovery of exemplary damages based on a compensable death under the Texas Workers’ Compensation Act. |
| Remarks: |
(AS FILED 11/14/22) Amends § 408.001(b), Labor Code, to permit a decedent’s estate to recovery exemplary damages based on the employer’s gross negligence. |
| Bill History: |
11-14-22 H Filed
|
|
HB 103
|
Murr, Andrew(R) |
Relating to qualifications for a retired judge’s appointment as a visiting judge to a constitutional county court. |
| Remarks: |
(AS FILED 11/14/22) Allows a county judge to appoint a person who served as an active judge for at least 96 months in a constitutional county court or a licensed attorney who served at least 48 months in a constitutional county court to sit in docketed matters before the court if the judge is absent or incapacitated. |
| Bill History: |
11-14-22 H Filed
|
| Remarks: |
Repeals § 418.107, Government Code, which authorizes a penalty for violation of an emergency management plan. |
| Bill History: |
11-14-22 H Filed
|
| Companions: |
| SB 240 |
Campbell, Donna |
(Identical) |
|
11-16-22 S Filed |
|
| Remarks: |
(AS FILED 11/14/22) Requires hospitals, nursing facilities, ambulatory surgical centers, freestanding emergency medical facilities, and other health care facilities to establish a workplace violence prevention committee and develop a plan to prevent workplace violence. Following an incident of workplace violence, requires a facility to provide immediate services, including necessary acute care treatment. Bars a facility from discriminating against a person who in good faith reports an incident of workplace violence. Gives enforcement authority to the appropriate licensing authority. |
| Bill History: |
11-14-22 H Filed
|
|
HB 119
|
Schaefer, Matt(R) |
Relating to judicial review of certain orders issued to address a declared state of disaster, declared public health disaster, or ordered public health emergency or to prevent the spread of a communicable disease. |
| Remarks: |
(AS FILED 11/14/22) Amends Chapter 418, Government Code, to confer standing on a person to challenge in court a provision of a governor’s or local entity’s order relating to a declared emergency, if the provision is alleged to cause injury to the person or violate the person’s federal or state constitutional or statutory rights. Requires the governor or entity to show that the order mitigates the threat to public health and is the least restrictive means of mitigating the threat. Does not appear to require the person bringing the action to prove an injury or a burden. |
| Bill History: |
11-14-22 H Filed
|
|
HB 121
|
Vasut, Cody(R) |
Relating to the regulation by a municipality or county of certain employment benefits and policies. |
| Companions: |
| SB 563 |
Sparks, Kevin (F) |
(Identical) |
|
1-23-23 S Filed |
|
| Remarks: |
(AS FILED 11/14/22) Prohibits a city or county from adopting or enforcing an ordinance or other rule or policy that exceed or conflict with federal or state law relating to employment issues, including leave, hiring practices, benefits, scheduling practices, or other terms of employment. |
| Bill History: |
11-14-22 H Filed
|
|
HB 122
|
Toth, Steve(R) |
Relating to professional liability insurance coverage for and prohibitions on providing to certain children procedures and treatments for gender transitioning, gender reassignment, or gender dysphoria. |
| Remarks: |
(AS FILED 11/14/22) Prohibits a physician or health care provider from providing care for the purpose of transitioning a child’s biological sex. Prohibits a professional liability insurance policy issued to a physician or health care provider from covering damages arising from the provision of such care. Makes the provision of such care a prohibited practice under § 164.052, Occupations Code. |
| Bill History: |
11-14-22 H Filed
|
|
HB 124
|
Johnson, Jarvis(D) |
Relating to the permitting of certain concrete plants located in an area of a municipality not subject to zoning regulations. |
| Bill History: |
11-14-22 H Filed
|
|
HB 125
|
Slaton, Bryan(R) |
Relating to the enforcement of certain election laws by district attorneys, criminal district attorneys, and county attorneys. |
| Bill History: |
11-14-22 H Filed
|
|
HB 128
|
Bernal, Diego(D) |
Relating to the exemption of certain school district and open-enrollment charter school employees from jury service. |
| Remarks: |
(AS FILED 11/14/22) Exempts classroom teachers, paraprofessionals, or librarians employed by a school district or open-enrollment charter school from jury duty. |
| Bill History: |
11-14-22 H Filed
|
|
HB 130
|
Johnson, Ann(D) |
Relating to the creation of additional judicial districts composed of Harris County. |
| Remarks: |
(AS FILED 11/14/22) Creates six criminal district courts in Harris County. |
| Bill History: |
11-14-22 H Filed
|
| Companions: |
| HB 1627 |
Thompson, Senfronia |
(Refiled from 87R Session) |
| SB 1350 |
Miles, Borris |
(Refiled from 87R Session) |
|
| Bill History: |
11-14-22 H Filed
|
| Remarks: |
(AS FILED 11/14/22) Prohibits an employer from taking an adverse employment action or discriminating against an employee based on the nondisclosure by the employee of personal health information. Imposes a civil penalty of $50,000 on an employer for a violation, enforceable by the attorney general. |
| Bill History: |
11-14-22 H Filed
|
| Remarks: |
(AS FILED 11/14/22) Increases the size of the Texas Medical Disclosure Panel from 9 to 11 members, at least one of which must be a person board certified in personal injury trial law. Bars the appointment of a registered lobbyist, a health care provider or a provider’s spouse, or a person who works in a health-care related field, including insurance. |
| Bill History: |
11-14-22 H Filed
|
| Remarks: |
(AS FILED 11/14/22) Prohibits a claimant and an insurer that writes personal or commercial automobile insurance from entering into an oral release for claims arising out of property damage or injury for which the insurer may be liable under the policy. |
| Bill History: |
11-14-22 H Filed
|
| Companions: |
| HB 199 |
Ortega, Lina |
(Refiled from 87R Session) |
| SB 603 |
Blanco, Cesar (F) |
(Refiled from 87R Session) |
| SB 174 |
Blanco, Cesar |
(Identical) |
|
11-14-22 S Filed |
|
| Remarks: |
(AS FILED 11/14/22) Authorizes the governing board of a university system to establish a public law school in El Paso. |
| Bill History: |
11-14-22 H Filed
|
|
HB 163
|
Spiller, David(R) |
Relating to the applicability of lobbyist registration requirements to a person who provides legal services to a political subdivision. |
| Bill History: |
11-14-22 H Filed
|
|
HB 170
|
Spiller, David(R) |
Relating to certain requirements applicable to certain public entities that engage in lobbying. |
| Bill History: |
11-14-22 H Filed
|
|
HB 189
|
Toth, Steve(R) |
Relating to in-person visitation with hospital patients during certain periods of disaster. |
| Remarks: |
(AS FILED 11/14/22) Requires a hospital to allow visitation by a religious counselor of the patient’s choosing. Prohibits a hospital from limiting the number of visitors a patient may receive at any one time to not fewer than one. |
| Bill History: |
11-14-22 H Filed
|
| Remarks: |
(AS FILED 11/14/22) Establishes safety requirements for amusement ride operators. |
| Bill History: |
11-14-22 H Filed
|
|
HB 206
|
Johnson, Ann(D) |
Relating to elimination of limitations periods for suits for personal injury arising from certain offenses against a child. |
| Companions: |
| SB 751 |
Flores, Pete |
(Identical) |
|
2- 7-23 S Filed |
|
| Remarks: |
(AS FILED 11/14/22) Eliminates the limitations period (currently 30 years) for a personal injury suit arising from sexual offenses against a child. |
| Bill History: |
11-14-22 H Filed
|
|
HB 217
|
Murr, Andrew(R) |
Relating to the limitation on the amount of a subcontractor’s lien for labor or materials. |
| Companions: |
| HB 2621 |
Murr, Andrew |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 11/14/22) Amends § 53.024, Property Code, to provide that the amount of a subcontractor’s lien may be the contract price less previous payments received by the original contractor and the claimant on the subcontractor. |
| Bill History: |
11-14-22 H Filed
|
|
HB 233
|
Murr, Andrew(R) |
Relating to inservice training on identifying abuse, neglect, and illegal, unprofessional, and unethical conduct in certain health care facilities. |
| Companions: |
| SB 831 |
Flores, Pete |
(Identical) |
|
2-10-23 S Filed |
|
| Remarks: |
(AS FILED 11/14/22) Requires an inpatient mental health facility, treatment facility, or hospital that provides comprehensive medical rehabilitation services to provide four hours of continuing inservice training of employees regarding identification of patient abuse or neglect. |
| Bill History: |
11-14-22 H Filed
|
| Companions: |
| HB 1953 |
Howard, Donna |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 11/14/22) Provides immunity from civil liability for a person that donates a feminine hygiene product to a nonprofit organization for distribution to individuals in need of the product, provided the product meets quality and labeling standards imposed by law at the time of the donation. Applies also to the nonprofit organization that distributes the product. Does not apply to intentional action or gross negligence resulting in injury. |
| Bill History: |
11-14-22 H Filed
|
|
HB 248
|
Murr, Andrew(R) |
Relating to solicitation of patients and other prohibited marketing practices and the establishment of the task force on patient solicitation. |
| Remarks: |
(AS FILED 11/14/22) Establishes a task force on patient solicitation by mental health and chemical dependence facilities. Includes Internet solicitation in the regulated forms of media advertising. Prohibits a facility from contracting with a marketing provider who agrees to provide general referrals or leads to prospective patients through a call center or website, unless the terms of the contract are disclosed to the prospective patient. Prohibits false and misleading statements about a facility’s services or location in advertising media or on a website. Prohibits a person from receiving a commission or any benefit for securing or soliciting a patient for or from a person licensed, certified, or registered by a state health care regulatory agency. Increases criminal and civil penalties for violations. |
| Bill History: |
11-14-22 H Filed
|
|
HB 256
|
Bernal, Diego(D) |
Relating to the prohibition of certain discrimination based on sexual orientation or gender identity. |
| Remarks: |
(AS FILED 11/14/22) Adds Chapter 100B, Civil Practice & Remedies Code, to prohibit discrimination in public accommodations against a person because of sexual orientation or gender identity. Creates a cause of action for actual and punitive damages, attorney’s fees, court costs, and equitable relief. Also applies to a contractor or subcontractor that contracts with the state. Amends Chapter 21, Labor Code, to make it an unlawful employment practice to discriminate against a person because of sexual orientation or gender identity. Amends Chapter 301, Property Code, to prohibit a person from discriminating against a person because of sexual orientation or gender identity in the sale or rental of property. |
| Bill History: |
11-14-22 H Filed
|
|
HB 262
|
Swanson, Valoree(R) |
Relating to the identification of and prohibited cooperation by state and local entities with certain federal acts that violate the United States Constitution. |
| Remarks: |
(AS FILED 11/14/22) Prohibits a state agency or political subdivision from cooperating with a federal agency in implementing an agency rule that the attorney general finds violates the federal constitutional rights of a citizen or exceeds the power granted to the federal government by the constitution. |
| Bill History: |
11-14-22 H Filed
|
|
HB 265
|
Bernal, Diego(D) |
Relating to the prohibition of housing discrimination on the basis of sexual orientation or gender identity and to the enforcement of that prohibition. |
| Remarks: |
(AS FILED 11/14/22) Amends Chapter 301, Property Code, to prohibit housing discrimination based on sexual orientation or gender identity. |
| Bill History: |
11-14-22 H Filed
|
|
HB 287
|
Johnson, Julie(D) |
Relating to payment of the replacement cost of damaged property under a homeowner’s, renter’s, or condominium owner’s insurance policy. |
| Remarks: |
(AS FILED 11/14/22) Requires a residential property insurer in a policy that includes replacement cost coverage to pay at least 80% of the estimated cost or repair for a valid claim. Does not require the insurer to pay more than replacement cost for personal property of like kind and quality. |
| Bill History: |
11-14-22 H Filed
|
|
HB 291
|
Murr, Andrew(R) |
Relating to occupational driver’s licenses and to the renewal of driver’s licenses. |
| Remarks: |
(AS FILED 11/14/22) Amends Chapter 521, Transportation Code, to place new restrictions on the issuance or renewal of occupational driver’s licenses. Bars a person from applying for a license if: (1) DPS determines that the person is incapable of operating a motor vehicle under Ch. 524; (2) the person does not hold a driver’s license and is ineligible to obtain one because of a suspension order, including an order due to a conviction or under Chapters 524 or 724 (intoxication); (3) the person is ineligible because the person holds a driver’s license issued by another state or country that was revoked, suspended, or canceled for a cause other than physical or mental impairment. Provides that an occupational driver’s license does not authorize a person to operate a commercial motor vehicle to which Chapter 522 applies (moving offenses). Establishes a procedure for petitioning a court to accept applications for a license. |
| Bill History: |
11-14-22 H Filed
|
|
HB 292
|
Bernal, Diego(D) |
Relating to investigations and actions by district or county attorneys in connection with the deceptive trade practice of charging exorbitant or excessive prices for necessities during a declared disaster. |
| Remarks: |
(AS FILED 11/14/22) Grants authority to district and county attorneys to investigate price gouging under the DTPA. Splits recoveries between the county and the basic civil legal services fund. |
| Bill History: |
11-14-22 H Filed
|
| Companions: |
| HB 1298 |
Bernal, Diego |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 11/14/22) Adds Chapter 83, Labor Code, to require employers to provide paid sick leave annually. |
| Bill History: |
11-14-22 H Filed
|
|
HB 319
|
Oliverson, Tom(R) |
Relating to protection of persons from participation in a health care service for reasons of conscience. |
| Remarks: |
(AS FILED 11/14/22) Allows a person to decline to participate in a health care service for reasons of conscience. Exempts emergency care or, except as otherwise by Chapter 166, Health & Safety Code, life-sustaining treatment. Grants immunity from civil or criminal liability for a physician or health care provider who declines to participate in a health care service wholly or partly for reasons of conscience. Prohibits a person from taking adverse action against another person because the person declines to participate in a health care service for reasons of conscience, including licensure, certification, employment, staff appointments or privileges, and various other actions. Requires a health care facility to develop a written protocol for circumstances in which a person declines to participate in providing a health care service. Bars the protocol from requiring a health care facility, physician, or health care provider to counsel or refer a patient to another physician or facility. Establishes a complaint process at the appropriate licensing agency. Creates a private cause of action for injunctive relief, actual damages for “psychological, emotional, and physical injuries resulting from a violation of this law,” court costs, and attorney’s fees. |
| Bill History: |
11-14-22 H Filed
|
|
HB 325
|
Toth, Steve(R) |
Relating to a district or county attorney participating as counsel in certain proceedings in federal court. |
| Remarks: |
(AS FILED 11/14/22) Bars a county or district attorney from serving as of counsel in a federal court proceeding involving enforcement of a federal law regulating firearms, firearm accessories, or ammunition. |
| Bill History: |
11-14-22 H Filed
|
|
HB 326
|
Goodwin, Vikki(D) |
Relating to a health facility’s removal of medical equipment from a deceased individual’s body before transfer to a funeral director. |
| Remarks: |
(AS FILED 11/14/22) Requires a health facility to remove all medical equipment from a deceased individual’s body before transferring the body to a funeral director. Enforceable by an administrative penalty of $500 per violation. |
| Bill History: |
11-14-22 H Filed
|
| Bill History: |
11-14-22 H Filed
|
|
HB 351
|
Bell, Cecil(R) |
Relating to the provision of workers’ compensation insurance and group accident and health insurance together in a packaged plan. |
| Remarks: |
(AS FILED 11/14/22) Authorizes a workers’ compensation insurer to contract with an accident and health insurer to offer to employers a workers’ compensation and group accident and health insurance policy together in one packaged plan. Allows a workers’ compensation insurer that offers a packaged plan to allow for medical benefits (but not other compensable injuries under the comp law) under Chapter 408, Labor Code (comp benefits) to be provided to employees through the group accident and health plan. Requires employee contributions to the group health plan to exclude any portion of the premiums allocated to the provision of workers’ compensation medical benefits. Requires a packaged policy to pay for medical examinations required by Chapter 408 from the workers’ compensation policy. Does not affect the exclusive remedy. Bars a health care provider from pursuing a private claim against a workers’ compensation claimant covered by a package plan, except to the extent permitted by § 413.042, Labor Code. Grants rulemaking authority to the commissioner of insurance. |
| Bill History: |
11-14-22 H Filed
|
|
HB 356
|
Bell, Cecil(R) |
Relating to the civil liability of certain businesses in connection with allowing concealed handguns on the business premises. |
| Remarks: |
(AS FILED 11/14/22) Grants immunity from liability to a person with control over the premises of a business who gives permission to a concealed carry license holder to carry a concealed firearm on the premises solely on the basis of the permission. Provides that the lack of an oral or written communication indicating that concealed firearms are prohibited on the premises constitutes permission to carry on the premises. |
| Bill History: |
11-14-22 H Filed
|
|
HB 365
|
Bucy, John(D) |
Relating to the electronic transmission of a ballot to a voter voting early by mail on the ground of absence from the county of residence. |
| Bill History: |
11-14-22 H Filed
|
| Remarks: |
(AS FILED 11/14/22) Allows the Judicial Conduct Commission to accept complaints, conduct investigations, and take any other action with respect to a candidate for judicial office (subject to Chapter 253, Election Code) in the same manner as a judge. |
| Bill History: |
11-14-22 H Filed
|
|
HB 372
|
Johnson, Jarvis(D) |
Relating to a prohibition on the operation of concrete plants and crushing facilities at certain locations. |
| Bill History: |
11-14-22 H Filed
|
|
HB 376
|
Rogers, Glenn(R) |
Relating to a landowner’s bill of rights statement in connection with the acquisition of real property through eminent domain. |
| Remarks: |
(AS FILED 11/14/22) Amends § 402.031, Government Code, to require the landowner bill of rights to notify the property owner of the owner’s right to submit to the appraisal district a report of decreased value for the owner’s remaining property after the taking. Must include the comptroller’s decrease of value form. |
| Bill History: |
11-14-22 H Filed
|
| Companions: |
| HB 1215 |
Bell, Cecil |
(Refiled from 87R Session) |
| HB 2930 |
Schofield, Mike |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 11/14/22) Establishes a committee of six House members and six senators to review federal government action to determine whether the action is unconstitutional. Requires the committee to report a determination that an action is unconstitutional to the legislature. Requires the legislature to vote on the determination and, upon approval by a majority of each house, send the determination to the governor for approval or disapproval. Provides that if the governor approves, the action is deemed unconstitutional and the secretary of state must notify Congress. Bars implementation or enforcement of an unconstitutional action. Gives the attorney general prosecution authority. Grants original jurisdiction to any state court to determine in a declaratory judgment action whether a federal action is unconstitutional. |
| Bill History: |
11-14-22 H Filed
|
| Companions: |
| HB 1226 |
Metcalf, Will |
(Identical) |
|
1- 9-23 H Filed |
|
| Bill History: |
11-14-22 H Filed
|
| Companions: |
| HB 284 |
Collier, Nicole |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 11/14/22) Requires private employers to provide paid leave annually. Requires employers with 75 or fewer employees to provide paid leave after the second anniversary date of the date the employer hires its first employee. Provides that paid leave accrues at one hour for each 30 hours worked up to a maximum of 40 hours per calendar year. Entitles an employee to carry over 40 hours of unused leave to the next year, unless the employer pays the employee for the unused leave or offers the full amount of leave expected to accrue in the following year. Requires an employee to work at least 18 hours a week to use paid leave. Prohibits an employer from taking an adverse employment action against an employee who requests or uses paid leave or who files a complaint with the TEC. Imposes an administrative penalty of $500 for a violation involving retaliation against an employee, $100 for other violations. Imposes liability on an employer of employee who prevails in a civil action for lost wages, salary, benefits, or other compensation, as well as equitable relief, including reinstatement or promotion. Allows the court to award reasonable attorney’s fees, expert witness fees, and other costs to the employee. |
| Bill History: |
11-14-22 H Filed
|
|
HB 422
|
VanDeaver, Gary(R) |
Relating to remotely conducting depositions, hearings, and other proceedings in juvenile cases. |
| Companions: |
| HB 890 |
VanDeaver, Gary |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 11/14/22) Allows a juvenile court to conduct remote proceedings without the consent of the parties. Authorizes the court to conduct a detention proceeding remotely without consent of the parties. |
| Bill History: |
11-14-22 H Filed
|
|
HB 425
|
VanDeaver, Gary(R) |
Relating to the prohibition of certain employment discrimination regarding an employee who is a volunteer emergency responder. |
| Companions: |
| HB 318 |
VanDeaver, Gary |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 11/14/22) Prohibits an employer with 20 or more employees for discriminating against an employee who is a volunteer first responder and who misses work because the employee is responding to an emergency in the employee’s capacity as a volunteer first responder. Creates a civil cause of action against the employer for lost wages and benefits and equitable relief. |
| Bill History: |
11-14-22 H Filed
|
| Remarks: |
(AS FILED 11/14/22) Amends the definition of “child abuse” in §261.001, Family Code, to apply to a medical professional or mental health professional who provides gender transitioning or gender affirming care. |
| Bill History: |
11-14-22 H Filed
|
|
HB 437
|
Schofield, Mike(R) |
Relating to the annual base salaries of state judges and justices and the abolishment of the Judicial Compensation Commission. |
| Remarks: |
(AS FILED 11/14/22) Pegs the compensation of a district judge to 82.5% and an appellate justice to 91% of the salary of a Supreme Court justice other than the Chief Justice. Adds § 659.0121, Government Code, to require the Legislative Budget Board, by December 31 of each even-numbered year, to calculate the base salary of a justice of the Supreme Court other than the Chief Justice and the other members of the state judiciary. Requires the LBB to include those amounts in the General Appropriations Act. Sets the amount of the annual base salary at the amount the state paid a Supreme Court justice other than the Chief Justice in the current fiscal year indexed by the CPI for two years of the preceding two state fiscal years. Allows the Legislature to reduce these amounts pro rata in the event of a lack of sufficient revenue. |
| Bill History: |
11-14-22 H Filed
|
| Bill History: |
11-14-22 H Filed
|
|
HB 441
|
Lopez, Ray(D) |
Relating to providing notice to a state representative and senator of an administrative penalty assessed by the Texas Commission on Environmental Quality. |
| Companions: |
| HB 355 |
Lopez, Ray |
(Refiled from 87R Session) |
|
| Bill History: |
11-14-22 H Filed
|
|
HB 448
|
Schofield, Mike(R) |
Relating to compensation for damages caused by governmental actions that close or effectively close businesses. |
| Companions: |
| HB 3241 |
Schofield, Mike |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 11/14/22) Imposes liability on a political subdivision for losses to a business caused by a governmental action that closes the business temporarily or permanently or effectively closes the business by restricting its operations or ordering customers not to patronize it. |
| Bill History: |
11-14-22 H Filed
|
|
HB 450
|
Craddick, Tom(R) |
Relating to a cause of action for the bad faith washout of an overriding royalty interest in an oil and gas lease. |
| Companions: |
| SB 501 |
Hughes, Bryan |
(Identical) |
|
1-19-23 S Filed |
|
| Remarks: |
(AS FILED 11/14/22) Creates a cause of action for a bad faith of an overriding royalty interest in an oil and gas lease. “Washout” means the elimination or reduction of an overriding interest by the forfeiture or surrender and subsequent reacquisition of an oil and gas lease by the same lessee). The standard for “bad faith” is knowing or intentional conduct. Remedies include actual damages, a constructive trust on the oil and gas lease or mineral estate acquired to accomplish the washout, and costs and attorney’s fees. Two-year statute of limitations running from the time the claimant obtained actual knowledge of the washout. |
| Bill History: |
11-14-22 H Filed
|
|
HB 457
|
Smith, Reggie(R) |
Relating to the jurisdiction of the statutory county courts of Grayson County in family law matters. |
| Remarks: |
(AS FILED 11/14/22) Gives the county-courts-at-law in Grayson County concurrent jurisdiction with district courts over family law matters. |
| Bill History: |
11-14-22 H Filed
|
| Bill History: |
11-14-22 H Filed
|
|
HB 471
|
Patterson, Jared(R) |
Relating to benefits for certain first responders and other employees related to illness and injury. |
| Remarks: |
(AS FILED 11/14/22) Requires a municipality or county to provide to a firefighter, police officer, or EMS personnel a fully paid leave of absence for an illness or injury related to the person’s line of duty for up to one year. If after a year the person’s leave is not extended or the person’s salary falls below 60% of the person’s regular monthly salary, and the person is a member of a retirement system with disabilit y benefits, the person becomes eligible to receive disability retirement benefits until return to duty. Provides that a first responder temporarily disabled by an injury or illness not related to the person’s line of duty may use accumulated sick leave, vacation time, and other accrued benefits before the person may be placed on temporary leave or may have another first responder do the person’s job while the person is disabled. Allows a return to light duty for at least one year following a temporary disability and requires reinstatement to the same rank and seniority as the person had before the temporary disability. Further amends Chapter 408, Labor Code, to add the following to the conditions for which lifetime income benefits are paid to an injured employee: (1) permanent major neurocognitive disorder or psychotic disorder; (2) third degree burns the majority of both feet, one hand and one foot, one hand or one foot and the face; or (3) a serious bodily injury sustained by the employee in the course and scope of the person’s employment or volunteer service as a first responder that permanently prevents the employee from performing any gainful work. Amends §607.052(b), Government Code, to except from the presumption that certain diseases are occupational for first responders the responder’s or the responder’s spouse’s use of tobacco product an average of four or more times per week during any six-month period in the five years preceding the diagnosis of the disease or illness. Amends §607.056, Government Code, to expand the presumption that a heart attack or stroke suffered by a first responder during the course and scope of employment to no longer require the stressful or strenuous physical activity to be “nonroutine” (including a training exercise) or the heart attack or stroke to have occurred while the first responder were engaging in the stressful activity (now must be no later than 24 hours after the end of a shift in which the first responder engaged in the activity). Requires future collective bargaining agreements to incorporate these changes. |
| Bill History: |
11-14-22 H Filed
|
|
HB 493
|
Meza, Terry(D) |
Relating to a cost-of-living increase applicable to death benefits paid under the workers’ compensation system. |
| Companions: |
| HB 243 |
Meza, Terry |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 11/14/22) Amends § 408.181, Labor Code, to index death benefits paid under the workers’ compensation system to the CPI for urban wage earners and clerical workers. |
| Bill History: |
11-14-22 H Filed
|
| Companions: |
| HB 247 |
Meza, Terry |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 11/14/22) Entitles an employee who has worked for an employer for at least one year to up to 30 days of leave to attend to the employee’s own serious health condition or the serious health condition of the employee’s spouse, child, grandchild, sibling, parent, parent-in-law, grandparent, or grandparent-in-law. Also extends to the birth of a child or care or services necessary if the employee or member of the employee’s family are a victim of family violence, sexual assault or abuse, stalking, or trafficking. Does not require leave to be paid but entitles the employee to wage replacement benefits for leave taken. Provides that if the employer offers paid leave, an employee is entitled to the average amount that would have been paid to the employee during the pay period. Does not entitle an employee to accrual of seniority or other employment benefits during the leave period or any right, benefit, or position the employee was not previously entitled to. Creates a wage replacement benefit fund funded by employee contributions of .25% of the employee’s monthly pay. Makes violations of this chapter unlawful employment practices. |
| Bill History: |
11-14-22 H Filed
|
|
HB 495
|
Meza, Terry(D) |
Relating to rest breaks for employees of certain contractors with a governmental entity. |
| Companions: |
| HB 263 |
Meza, Terry |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 11/14/22) Mandates a governmental entity that contracts with a construction contractor to require in the contract at least a 10-minute paid rest break for every four hours worked. Authorizes a governmental entity to impose an administrative penalty of not less than $100 or more than $500 for each day an employee is not give a required rest break. |
| Bill History: |
11-14-22 H Filed
|
|
HB 511
|
Wu, Gene(D) |
Relating to the confidentiality of residential eviction case information. |
| Bill History: |
11-14-22 H Filed
|
|
HB 515
|
Meza, Terry(D) |
Relating to the diagnosis, maintenance, and repair of electronics-enabled heavy equipment. |
| Companions: |
| HB 4063 |
Meza, Terry |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 11/14/22) Adds Chapter 121, Business & Commerce Code, to require an original manufacturer of electronics-enabled heavy equipment, including parts for the equipment, sold or used in this state to make available on fair and reasonable terms to any independent repair provider or owner of such equipment; (1) documentation, replacement parts, and tools; and (2) documentation, replacement part, or tool necessary to disable and reset a lock when disabled in the course of diagnosis, maintenance, or repair of the equipment. Bars a provision in an agreement between an authorized repair provider and original equipment manufacturer purporting to waive or otherwise limit the original manufacturer’s obligation under the act. Does not require an authorized repair provider to make documentation, parts, and tools available for a fair and reasonable terms. Makes a violation a deceptive trade practice under Chapter 17, Business & Commerce Code. |
| Bill History: |
11-14-22 H Filed
|
|
HB 521
|
Cain, Briscoe(R) |
Relating to the use of a high occupancy vehicle lane by an operator of a motor vehicle who is pregnant. |
| Companions: |
| HB 1744 |
Leach, Jeff |
(Identical) |
|
1-26-23 H Filed |
|
| Remarks: |
(AS FILED 11/14/22) Allows a motor vehicle operator who is pregnant to use a high occupancy vehicle lane. |
| Bill History: |
11-14-22 H Filed
|
| Remarks: |
(AS FILED 11/14/22) Creates “Celebration of Life Day” as a state holiday on June 24, the date of the Dobbs decision. |
| Bill History: |
11-14-22 H Filed
|
|
HB 527
|
Wu, Gene(D) |
Relating to exemption of certain civil actions from being subject to a motion to dismiss on the basis of involving the exercise of certain constitutional rights. |
| Remarks: |
(AS FILED 11/14/22) Amends the Texas Citizens Participation Act (Ch. 27, CPRC) to exempt from the application of the Act a legal malpractice claim. |
| Bill History: |
11-14-22 H Filed
|
|
HB 528
|
Wu, Gene(D) |
Relating to the right of an employee to time off from work if the employee or the employee’s child is a victim of family violence or a violent felony offense. |
| Remarks: |
(AS FILED 11/14/22) Requires an employer to allow an employee time off for injuries suffered by the employee or employee’s child as a result of family violence or a violent felony offense. Allows 30 working days of leave for in any 12-month period. Requires an employee to certify to the employer within a reasonable time of the employee’s initial absence from work. Requires an employee with existing leave time, personal leave time, sick leave time, or compensatory leave time to use that leave time for a planned absence. Does not require the employer to compensate the employee for leave unless the employee is otherwise entitled to compensation for other leave used. Entitles an employee who returns from leave reinstatement to the employee’s former or a comparable position and any benefits accrued before the employee took time off. Prohibits employer retaliation. |
| Bill History: |
11-14-22 H Filed
|
| Remarks: |
(AS FILED 11/14/22) Amends § 74.301, CPRC, to index the $250,000 cap on noneconomic damages in health care liability cases by the CPI from September 1, 2003 to the time when damages are awarded in a judgment or settlement. Indexes both liability limits and financial responsibility amounts. |
| Bill History: |
11-14-22 H Filed
|
| Companions: |
| SB 220 |
Bettencourt, Paul |
(Identical) |
|
11-14-22 S Filed |
|
| Bill History: |
11-14-22 H Filed
|
| Companions: |
| HB 4550 |
Toth, Steve |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 11/14/22) Bars a political subdivision from enacting an ordinance, order, or other measure providing for a universal basic income. |
| Bill History: |
11-14-22 H Filed
|
|
HB 556
|
Vasut, Cody(R) |
Relating to the sealing of certain documents alleged to contain trade secrets. |
| Remarks: |
(AS FILED 11/14/22) Directs the supreme court to adopt rules allowing for documents containing alleged trade secrets to be filed under seal. Requires the rules to require the document to be filed with an affidavit describing the document and the basis for claiming trade secret privilege. Makes the affidavit open to public inspection. Requires the rules to provide for the unsealing of the documents on a motion by any person on a showing of a specific, serious, and substantial interest that clearly outweighs a presumption in favor of preserving the secrecy of trade secrets or a determination by the court that the document does not contain a trade secret. Requires adoption of the rule by January 1, 2024. |
| Bill History: |
11-14-22 H Filed
|
|
HB 558
|
Raymond, Richard(D) |
Relating to prohibiting certain limitations on the operation of certain organizations that benefit veterans during a declared state of disaster. |
| Companions: |
| HB 4215 |
Raymond, Richard |
(Refiled from 87R Session) |
| SB 1493 |
Springer, Drew (F) |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 11/14/22) Prohibits an executive order issued by the governor in a declared emergency restricting the operation or hours of operation of a business that sells alcoholic beverages from including a federally tax exempt organization that benefits veterans of the US armed forces. |
| Bill History: |
11-14-22 H Filed
|
|
HB 567
|
Bowers, Rhetta(D) |
Relating to discrimination on the basis of hair texture or protective hairstyle associated with race. |
| Companions: |
| HB 392 |
Bowers, Rhetta |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 11/14/22) Prohibits a student dress or grooming policy adopted by a school district or institution of higher education from discriminating against a hair texture or protective hair style commonly or historically associated with race. Prohibits an employer, labor union, or employment agency from doing the same. Prohibits a seller or lessor of residential real property from doing the same. |
| Bill History: |
11-14-22 H Filed
|
|
HB 569
|
Bowers, Rhetta(D) |
Relating to activities the tolerance of which may constitute maintenance of a common nuisance. |
| Bill History: |
11-14-22 H Filed
|
|
HB 592
|
Shaheen, Matt(R) |
Relating to the provision of telehealth and telemedicine medical services by certain health professionals located outside of this state. |
| Remarks: |
(AS FILED 11/14/22) Requires a telemedicine or telehealth provider licensed or certified in another state to register with the appropriate Texas licensing agency. Requires the provider to comply with the laws of Texas, maintain liability insurance as required by Texas law, consent to the jurisdiction of state courts, and be subject to disciplinary action by the appropriate Texas licensing agency. |
| Bill History: |
11-14-22 H Filed
|
|
HB 597
|
Jetton, Jacey(R) |
Relating to an appraisal procedure for disputed losses under certain property and casualty insurance policies. |
| Remarks: |
(AS FILED 11/14/22) Adds Chapter 1813, Insurance Code, to require property and casualty insurance policies to conform to the appraisal procedure established by statute. Establishes an appraisal process that allows either the policyholder or insurer to demand appraisal by written notice if they fail to agree on the amount of loss. Requires the parties to select a competent appraiser not later than the 20th day after the appraisal demand. Requires the appraisers to appraise the loss not later than 30 days after selection, subject to a 60-day extension by agreement of the parties and the appraisers. Provides that if the appraisers agree, that amount is set as the amount of the loss. Provides that if the appraisers disagree, the appraisers shall select a competent umpire. Requires a judge to select the umpire if the appraisers cannot agree. Requires the umpire to determine the loss not later than 30 days after receiving notice of appointment by selecting one of the amounts submitted by the appraisers. Does not prevent a party from pursuing its rights under the policy or law. Requires the parties to pay their own appraiser and split the expense of an umpire. Requires the insurer to refund the policyholder’s expenses if the appraisal process determines that the amount of loss is $1 dollar or more than the insurer’s proposed undisputed loss statement. Provides that this process does not affect policy terms or deductibles and the use of the procedure is not a condition precedent to bringing an action for a violation of the code, breach of contract, or for any other common law or statutory remedy. |
| Bill History: |
11-14-22 H Filed
|
| Remarks: |
(AS FILED 11/14/22) Amends § 542.003(b), Insurance Code, to make it an unfair claims settlement practice to compel a policyholder to retain a public adjuster to recover an amount due under the policy by offering substantially less than the amount ultimately recovered in a settlement with the policyholder. Amends §4102.104, Insurance Code, to require an insurer to pay a commission of a license holder for services provided to the insured as a result of the insurer’s violation of Chapter 541 or § 542.003(b), in addition to any other payment required by law. |
| Bill History: |
11-14-22 H Filed
|
|
HB 602
|
Shaheen, Matt(R) |
Relating to requiring political subdivisions of this state to participate in the federal electronic verification of employment authorization program, or E-verify. |
| Remarks: |
(AS FILED 11/14/22) Requires a political subdivision to participate in the E-Verify program to verify information of all new employees. |
| Bill History: |
11-14-22 H Filed
|
|
HB 603
|
Shaheen, Matt(R) |
Relating to a limitation on civil suits against persons reporting suspicious activity in good faith. |
| Companions: |
| HB 459 |
Shaheen, Matt |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 11/14/22) Adds Chapter 128A, CPRC, to bar a civil action against a person who reports suspicious activity to law enforcement if the person acted as a reasonable person would in the same or similar circumstances and with a reasonable belief that the suspicious activity constituted or was in furtherance of a crime, including an act of terrorism. |
| Bill History: |
11-14-22 H Filed
|
|
HB 605
|
Shaheen, Matt(R) |
Relating to the disclosure of negotiated rates requested by members of the legislature from certain health care vendors that contract with this state. |
| Bill History: |
11-14-22 H Filed
|
|
HB 609
|
Vasut, Cody(R) |
Relating to the liability of a business owner or operator arising from the exposure of an individual to a pandemic disease. |
| Remarks: |
(AS FILED 11/14/22) Amends § 148.003, CPRC, to exempt from liability for injury or death a business owner or operator that does not require employees or contractors of the business to be vaccinated against a pandemic disease, if the injury or death results from exposure to the disease by an employee or contractor of the business. |
| Bill History: |
11-14-22 H Filed
|
|
HB 616
|
Vasut, Cody(R) |
Relating to continuing education of county and district clerks regarding the proper selection of petit and grand juries. |
| Remarks: |
(AS FILED 11/14/22) Requires at least one hour of the 20 hours of required continuing education for court clerks to concern the proper selection of grand and petit juries. |
| Bill History: |
11-14-22 H Filed
|
|
HB 618
|
Darby, Drew(R) |
Relating to the treatment, recycling for beneficial use, or disposal of drill cuttings. |
| Companions: |
| SB 502 |
Hughes, Bryan |
(Identical) |
|
1-19-23 S Filed |
|
| Bill History: |
11-14-22 H Filed
|
| Companions: |
| HB 708 |
Shaheen, Matt |
(Identical) |
|
11-15-22 H Filed |
| HB 1266 |
Schatzline, Nate (F) |
(Identical) |
|
1-11-23 H Filed |
| SB 476 |
Hughes, Bryan |
(Identical) |
|
1-17-23 S Filed |
|
| Remarks: |
(AS FILED 11/14/22) Defines a “drag performance” as “a performance in which a performer exhibits a gender identity that is different than the performer’s gender assigned at birth using clothing, makeup, or other physical markers and sings, lip syncs, dances, or otherwise performs before an audience.” Deems businesses that show a drag performance as sexually-oriented businesses for purpose of local regulation. |
| Bill History: |
11-14-22 H Filed
|
|
HB 645
|
Toth, Steve(R) |
Relating to prohibiting financial institutions and other businesses from using value-based criteria. |
| Remarks: |
(AS FILED 11/14/22) Bars a financial institution or business from using value-based criteria to discriminate against, advocate for, or give disparate treatment to a person, including the person’s social media activities, membership or participation in a group or organization, political affiliation or beliefs, current or former employer, or any other social credit, environmental, social governance, or similar value-based standards. Notwithstanding the above, allows a financial institution or business to uses value-based criteria if it discloses the criteria to a potential customer. Creates a no-injury cause of action against a financial institution or business and imposes liability for injunctive relief, $100,000 in statutory damages, and costs and attorney’s fees. |
| Bill History: |
11-14-22 H Filed
|
|
HB 672
|
Hefner, Cole(R) |
Relating to the definition of child abuse and the prosecution of the criminal offense of abandoning or endangering a child. |
| Remarks: |
(AS FILED 11/14/22) Defines “abuse” to include administering or consenting to the administration of treatment for gender transitioning or gender reassignment, except in the case of intersex children. Includes the parent of the child. |
| Bill History: |
11-14-22 H Filed
|
| Bill History: |
11-14-22 H Filed
|
|
HB 678
|
Bell, Keith(R) |
Relating to the appointment by the attorney general of a special prosecutor to prosecute certain election offenses that are committed in an adjacent county. |
| Bill History: |
11-15-22 H Filed
|
|
HB 679
|
Bell, Keith(R) |
Relating to limitations on the use of workers’ compensation insurance experience modifier values in soliciting and awarding public and private construction contracts. |
| Remarks: |
(AS FILED 11/15/22) Adds § 272.003, Business & Commerce Code, to make voidable an offer to contract that requires a person to have a specified experience modifier in order to accept the offer, as well as a contract solicitation that requires a person to have a specified experience modifier in order to submit a response to the solicitation. |
| Bill History: |
11-15-22 H Filed
|
|
HB 689
|
Rosenthal, Jon(D) |
Relating to civil liability for discriminatory false reports to law enforcement agencies or emergency service providers. |
| Remarks: |
(AS FILED 11/15/22) Adds Chapter 100B, CPRC, to impose liability on a person who makes a false report to a law enforcement agency or emergency services provider with the intent that the agency or provider take action against the falsely accused person. Limits liability to $250 if the report was submitted due to bias or prejudice against the falsely accused person’s race, color, disability religion, national origin or ancestry, age, gender, sexual orientation, or gender identity. Allows a prevailing falsely accused person to recover costs and attorney’s fees. |
| Bill History: |
11-15-22 H Filed
|
|
HB 695
|
Rogers, Glenn(R) |
Relating to the exercise of the power of eminent domain to acquire property for wind power facilities. |
| Remarks: |
(AS FILED 11/15/22) Bars a governmental or private entity from taking private property through the use of eminent domain for development of a wind project. |
| Bill History: |
11-15-22 H Filed
|
| Bill History: |
11-15-22 H Filed
|
|
HB 698
|
Neave Criado, Victoria(D) |
Relating to the remote participation of certain persons in a proceeding for the issuance or modification of a protective order. |
| Companions: |
| SB 243 |
Johnson, Nathan |
(Identical) |
|
11-21-22 S Filed |
|
| Remarks: |
(AS FILED 11/15/22) Provides that on written request by an applicant or witness who is to be protected by a proposed protective order, the court shall provide a method by which the applicant or witness may appear remotely, unless the court finds good cause to deny the request. |
| Bill History: |
11-15-22 H Filed
|
| Bill History: |
11-15-22 H Filed
|
| Companions: |
| HB 643 |
Patterson, Jared |
(Identical) |
|
11-14-22 H Filed |
| HB 1266 |
Schatzline, Nate (F) |
(Identical) |
|
1-11-23 H Filed |
| SB 476 |
Hughes, Bryan |
(Identical) |
|
1-17-23 S Filed |
|
| Remarks: |
(AS FILED 11/15/22) Defines a “drag performance” as “a performance in which a performer exhibits a gender identity that is different than the performer’s gender assigned at birth using clothing, makeup, or other physical markers and sings, lip syncs, dances, or otherwise performs before an audience.” Deems businesses that show a drag performance as sexually-oriented businesses for purpose of local regulation. |
| Bill History: |
11-15-22 H Filed
|
|
HB 709
|
Harris, Cody(R) |
Relating to prohibiting the use of certain credit scores, including environmental, social, or governance scores and social credit scores, by certain financial institutions and other lenders in this state. |
| Remarks: |
(AS FILED 11/15/22) Prohibits a financial institution or other lender from discriminating against the customer in the price or rate for making a loan or extension of credit by basing the price or rate, wholly or partly, on a credit score, including a social credit score or an environmental, social, or governance score that is derived from “subjective or arbitrary” standards, including the customer’s social media posts, participation in the membership of an organization, political affiliation, or employer. Permits a lender to use a credit score if the lender discloses it and the customer agrees to it. Contains an exception for discontinuation or refusal of credit if it is necessary for the physical safety of employees. Imposes a civil penalty of $50,000 for the first violation and $250,000 for each subsequent violation, along with costs and attorney’s fees. Enforceable by the attorney general. |
| Bill History: |
11-15-22 H Filed
|
|
HB 711
|
Frank, James(R) |
Relating to certain contract provisions and conduct affecting health care provider networks. |
| Bill History: |
11-15-22 H Filed
|
|
HB 722
|
Rosenthal, Jon(D) |
Relating to a prohibition of employment discrimination on the basis of reproductive decisions and certain employment agreements limiting reproductive decisions. |
| Companions: |
| HB 698 |
Rosenthal, Jon |
(Refiled from 87R Session) |
| SB 578 |
Eckhardt, Sarah (F) |
(Refiled from 87R Session) |
| SB 204 |
Eckhardt, Sarah |
(Identical) |
|
11-14-22 S Filed |
|
| Remarks: |
(AS FILED 11/16/22) Amends Chapter 21, Labor Code, to prohibit employment discrimination against a person on the basis of the person’s marital status, the use of assisted reproduction to become pregnant, the use of contraception or a specific form of contraception, or the obtainment or use of any other health care drug, device, or service relating to reproductive health. Includes discrimination against the employee, the employee’s spouse or partner, the employee’s dependent, and any other member of the employee’s family or household. Declares void an unenforceable a mandatory arbitration provision that limits the reproductive decisions of an employee, employee’s spouse or partner, employee’s dependent, or any other member of the employee’s family or household. Applies to labor organizations and employment agencies. Adds discrimination based on reproductive decisions everywhere in Chapter 21 that bars discrimination based on race, color, sex, national origin, religion, age, or disability. |
| Bill History: |
11-16-22 H Filed
|
| Companions: |
| SB 108 |
Menendez, Jose |
(Identical) |
|
11-14-22 S Filed |
|
| Remarks: |
(AS FILED 11/16/22) Adds § 21.202(a-2) to provide that an unlawful employment practice occurs each time a discriminatory compensation decision or other discriminatory practice affecting compensation is adopted, an individual becomes subject to the decision or practice, or an individual is adversely affected by application of the decision or practice. Amends § 21.258, Labor Code, to provide that liability may accrue, and an aggrieved individual may obtain relief (including back pay), if the unlawful practices that occurred during the period for filing a complaint are similar or related to discrimination in compensation that occurred outside the period. Makes it an unlawful employment practice for an employer to inquire into an applicant’s wage history information from the applicant or a previous employer or requires disclosure of the information as a condition of employment. Provides for enforcement by the commission in accordance with Chapter 21. |
| Bill History: |
11-16-22 H Filed
|
|
HB 725
|
Rose, Toni(D) |
Relating to prohibiting certain discrimination based on sexual orientation or gender identity or expression. |
| Remarks: |
(AS FILED 11/16/22) Bars an insurer from refusing to insure or provide coverage, limit the amount, extent, or kind of coverage, or charge a different rate based on the individuals’ sexual orientation or gender identity or expression. Amends Chapter 21, Labor Code, to prohibit an employer from discriminating against an individual based on sexual orientation or gender identity or expression. |
| Bill History: |
11-16-22 H Filed
|
|
HB 744
|
Dean, Jay(R) |
Relating to the authority of a political subdivision to regulate the use or sale of gasoline-powered landscaping equipment. |
| Companions: |
| HB 764 |
Cain, Briscoe |
(Identical) |
|
11-18-22 H Filed |
|
| Remarks: |
(AS FILED 11/17/22) Bars a political subdivision from prohibiting or restricting the use or sale of gasoline-powered landscaping equipment. |
| Bill History: |
11-17-22 H Filed
|
|
HB 755
|
Johnson, Julie(D) |
Relating to prior authorization for prescription drug benefits related to the treatment of chronic and autoimmune diseases. |
| Bill History: |
11-17-22 H Filed
|
|
HB 758
|
Walle, Armando(D) |
Relating to the deadline to request a contested case hearing on an authorization to use a standard permit for a concrete plant. |
| Companions: |
| SB 817 |
Alvarado, Carol |
(Identical) |
|
2- 9-23 S Filed |
|
| Bill History: |
11-17-22 H Filed
|
|
HB 759
|
Walle, Armando(D) |
Relating to a motion to overturn an executive director decision on an authorization to use a standard permit for certain concrete plants. |
| Companions: |
| SB 816 |
Alvarado, Carol |
(Identical) |
|
2- 9-23 S Filed |
|
| Bill History: |
11-17-22 H Filed
|
|
HB 764
|
Cain, Briscoe(R) |
Relating to the authority of a political subdivision to regulate the use or sale of gasoline-powered landscaping equipment. |
| Companions: |
| HB 744 |
Dean, Jay |
(Identical) |
|
11-17-22 H Filed |
|
| Remarks: |
(AS FILED 11/18/22) Bars a political subdivision from prohibiting or restricting the use or sale of gasoline-powered landscaping equipment. |
| Bill History: |
11-18-22 H Filed
|
|
HB 766
|
Allen, Alma(D) |
Relating to the location of certain public meetings for certain permits issued by the Texas Commission on Environmental Quality. |
| Companions: |
| HB 960 |
Allen, Alma |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 11/18/22) Amends § 5.554, Water Code, to require a public meeting on a permit application requested by a member of the legislature who represents the general area in which the facility is located or proposed to be located to be held in the house district in which the facility is located or proposed to be located. |
| Bill History: |
11-18-22 H Filed
|
| Remarks: |
(AS FILED 11/18/22) Prohibits a physician from treating gender dysphoria in minors. |
| Bill History: |
11-18-22 H Filed
|
|
HB 778
|
Walle, Armando(D) |
Relating to required provision of workers’ compensation insurance coverage for employees of building and construction contractors and subcontractors. |
| Companions: |
| HB 776 |
Walle, Armando |
(Refiled from 87R Session) |
| SB 305 |
Eckhardt, Sarah (F) |
(Refiled from 87R Session) |
| SB 283 |
Eckhardt, Sarah |
(Identical) |
|
12-14-22 S Filed |
|
| Remarks: |
(AS FILED 11/21/22) Requires contractors and subcontractors to provide workers’ compensation insurance for their employees. |
| Bill History: |
11-21-22 H Filed
|
|
HB 787
|
Patterson, Jared(R) |
Relating to a prohibition on the receipt of tax incentives by business entities that assist employees to obtain abortions. |
| Remarks: |
(AS FILED 11/22/22) Amends Chapters 1, 101, and 301, Tax Code, to bar a business that assists an employee to obtain an abortion, including paying all or part of the costs associated with the procedure or traveling to the location of the service, from receiving a state or local tax incentive. Defines “tax incentive” as an “abatement, credit, discount, exclusion, exemption, limitation on appraised value, refund, special valuation, special accounting treatment, special appraisal method or provision, special rate, or special method of reporting authorized by state law or the state constitution.” |
| Bill History: |
11-22-22 H Filed
|
|
HB 788
|
Meza, Terry(D) |
Relating to a task force to study access to legal services for persons with disabilities. |
| Companions: |
| HB 2514 |
Meza, Terry |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 11/22/22) Establishes a task force under the Health and Human Services Commission to study access to legal services for persons with disabilities. Requires the task force to report to the legislature by December 1, 2024. |
| Bill History: |
11-22-22 H Filed
|
|
HB 789
|
Rogers, Glenn(R) |
Relating to eligibility to be a candidate for, or elected or appointed to, a public elective office in this state. |
| Companions: |
| HB 2764 |
Rogers, Glenn (F) |
(Refiled from 87R Session) |
| HB 1160 |
Rogers, Glenn |
(Identical) |
|
1- 3-23 H Filed |
|
| Bill History: |
11-22-22 H Filed
|
|
HB 790
|
Patterson, Jared(R) |
Relating to certain claims for benefits, compensation, or assistance by certain public safety employees and survivors of certain public safety employees. |
| Remarks: |
(AS FILED 11/22/22) Amends § 408.0041, Labor Code, to require the first request of the carrier, injured employee, or DWC for an examination by a designated doctor to include a request to the designated doctor to provide an opinion of the extent of the compensable injury. Amends § 409.021, Labor Code, to require the carrier contesting a claim to notify the injured employee and DWC of the specific reasons for the contest, including any disputes in the cause of the injury, the extent of the injury, or the treatment. Amends § 409.021, Labor Code, to provide that the carrier waives its right to contest or deny the extent of the specific injury claimed by the injured worker or reasonably reflected in a review of the worker’s medical records if it does not comply with the 15-day written notice of injury requirement (applies only to first responders and custodial officers under § 607.051, Government Code). Amends § 409.021, Labor Code, to provide that the carrier waives its right to contest or deny the extent of the specific injury claimed by the injured worker or reasonably reflected in a review of the worker’s medical records if it does not contest or deny the extent of a compensable injury in writing by the 60th day after which the carrier had notice of the claimed injury (applies to all injured workers). Adds § 417.005, Labor Code, to make the carrier liable for the injured worker’s reasonable and necessary medical expenses if the carrier denies a claim that is later found to be compensable in an administrative hearing. Amends § 410.156, Labor Code, to allow a party or witness to appear at an administrative hearing remotely if good cause exists and to allow an attorney who represents a party in a contested case hearing to appear remotely (no good cause requirement). |
| Bill History: |
11-22-22 H Filed
|
| Remarks: |
(AS FILED 11/22/22) Amends § 2001.039, Government Code, to require a state agency’s review of a rule to assess the costs imposed on a regulated person if the rule is subject to § 2001.0045 (providing that a state agency that adopts certain rules that imposes a cost on regulated persons must be offset by the repeal or amendment to another rule to reduce costs to regulated persons by the same amount). Requires the agency to post on its website the data, working papers, and other materials used by the agency to make the assessment. Terminates a rule for which the agency failed to complete a timely rule review on the day following the statutory deadline for the review. Allows a person “potentially injured” by the continued enforcement of a terminated rule to bring a civil action for a declaratory judgment against and injunctive relief from the rule’s continued enforcement. Awards a prevailing plaintiff reasonable costs and attorney’s fees from the agency. |
| Bill History: |
11-22-22 H Filed
|
| Remarks: |
(AS FILED 11/29/22) Repeals criminal and civil statutes limiting or prohibiting abortion, including the old criminal statute, Chapter 170A and Subchapter H, Health and Safety Code (restrictions on abortions), § 30.22, CPRC (joint and several liability for attorney’s fees in suit challenging an abortion restriction), and § 311.036, Government Code (construction of abortion statutes). Contingent on voter approval of HJR 56. |
| Bill History: |
11-29-22 H Filed
|
| Companions: |
| HB 1111 |
Johnson, Julie |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 11/30/22) Amends § 544.002, Insurance Code, to prohibit an insurer from refusing to provide coverage or continue providing coverage to an individual because of the individual’s sexual orientation or gender identity or expression. |
| Bill History: |
11-30-22 H Filed
|
|
HB 832
|
Johnson, Julie(D) |
Relating to the protection of the rights of conscience for child welfare services providers. |
| Companions: |
| HB 730 |
Gonzalez, Jessica |
(Refiled from 87R Session) |
| HB 1149 |
Johnson, Julie |
(Refiled from 87R Session) |
|
| Bill History: |
11-30-22 H Filed
|
|
HB 838
|
Gonzalez, Jessica(D) |
Relating to conditions applicable to health benefit plan coverage of in vitro fertilization procedures. |
| Companions: |
| HB 2310 |
Gonzalez, Jessica |
(Refiled from 87R Session) |
| SB 676 |
Johnson, Nathan |
(Identical) |
|
2- 3-23 S Filed |
|
| Bill History: |
12-01-22 H Filed
|
| Remarks: |
(AS FILED 12/1/22) Requires the Office of Court Administration to include case-level information on the amount and character of the business transacted by courts in its judicial statistics and other information about the courts. |
| Bill History: |
12-01-22 H Filed
|
| Companions: |
| HB 2689 |
Reynolds, Ron |
(Refiled from 87R Session) |
|
| Bill History: |
12-01-22 H Filed
|
|
HB 850
|
Reynolds, Ron(D) |
Relating to the prohibition of certain discrimination based on sexual orientation or gender identity or expression. |
| Companions: |
| HB 2524 |
Reynolds, Ron |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 12/1/22) Adds Chapter 100B, CPRC, to create a private cause of action against a business or other entity for discrimination against an individual because of the individual’s sexual orientation or gender identity or expression. Allows a court to award actual and punitive damages, attorney’s fees, costs, and injunctive relief. Prohibits a contractor for the state from discriminating against an individual based on sexual orientation or gender identity or expression. Authorizes administrative penalties for violators. |
| Bill History: |
12-01-22 H Filed
|
| Remarks: |
(AS FILED 12/2/22) Directs the executive commissioner of the Texas Health and Human Services Commission to adopt a rule requiring a manufacturer that sells a lip gloss or lipstick cosmetic to disclose a list of each ingredient and any toxic metal no matter the concentration. |
| Bill History: |
12-02-22 H Filed
|
|
HB 888
|
Slawson, Shelby(R) |
Relating to the statute of limitations on a health care liability claim involving certain gender modification drugs provided to and procedures performed on a minor. |
| Remarks: |
(AS FILED 12/7/22) Adds § 74.252, CPRC, to extend the statute of limitations for a claim by a minor based on the administration of a puberty suppressing drug or cross-sex hormone to or the performance of surgery or another medical procedure on the minor for the purpose of gender transitioning or gender reassignment. Provides that such that a claim must be brought by the minor’s 25th birthday, rather than the 14th birthday for all other health care liability claims. |
| Bill History: |
12-07-22 H Filed
|
| Companions: |
| HB 87 |
Reynolds, Ron |
(Refiled from 87R Session) |
|
| Bill History: |
12-07-22 H Filed
|
| Remarks: |
(AS FILED 12/7/22) Adds Subchapter C-1, Chapter 120, Business & Commerce Code, to prohibit a person aged 13 to 18 from using a social media platform. Requires social media providers to verify that accounts are held by persons older than 18 and to remove an account if requested by a parent. Makes violations of the subchapter a DTPA violation and authorizes the AG consumer protection division to bring enforcement actions. |
| Bill History: |
12-07-22 H Filed
|
|
HB 911
|
Harrison, Brian(R) |
Relating to the authority of the legislature, courts, the governor, and other state and local officials regarding declared states of disaster. |
| Remarks: |
(AS FILED 12/8/22) Requires an order of the governor or local official during a declared state of emergency that affects individual rights to be narrowly tailored to serve a compelling public interest for health and safety purposes and limited in duration, applicability, and scope. Gives state courts jurisdiction to hear challenges to emergency orders. Provides that only the governor may issue an emergency order that infringes on protected constitutional rights. Limits the duration of such an order to 30 days. Requires legislative authority to extend such an order. Requires the legislature to renew a state of disaster beyond 30 days. Limits the governor’s authority to suspend state law only to state agency rules. |
| Bill History: |
12-08-22 H Filed
|
| Companions: |
| HB 2651 |
Gonzalez, Jessica |
(Refiled from 87R Session) |
| SB 807 |
Paxton, Angela |
(Identical) |
|
2- 9-23 S Filed |
|
| Bill History: |
12-08-22 H Filed
|
| Remarks: |
(AS FILED 12/8/22) Creates a no-injury private cause of action in which any person may sue any other person for the manufacture, sale, transportation, distribution, importation, loan, or transfer of certain firearms and precursor parts. Applies both to direct violators and those who aid and abet a violation. Provides for equitable relief, statutory damages of $10,000 for each violation, and attorney’s fees and costs. Bars the award of attorney’s fees and costs to a defendant. Denies standing to a defendant from asserting the right of another to bear arms under the Second Amendment as a defense to liability. (Follows SB 8 to the letter.) |
| Bill History: |
12-08-22 H Filed
|
|
HB 926
|
Dutton, Harold(D) |
Relating to the persons entitled to request a public hearing from the Texas Commission on Environmental Quality related to the construction of a concrete plant. |
| Bill History: |
12-08-22 H Filed
|
|
HB 933
|
Dutton, Harold(D) |
Relating to the notice of intent to obtain a permit from the Texas Commission on Environmental Quality. |
| Companions: |
| HB 975 |
Dutton, Harold |
(Refiled from 87R Session) |
|
| Bill History: |
12-08-22 H Filed
|
|
HB 934
|
Dutton, Harold(D) |
Relating to the definition of “affected person” for purposes of a contested case hearing held by or for the Texas Commission on Environmental Quality regarding certain environmental permit applications. |
| Companions: |
| HB 969 |
Dutton, Harold |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 12/8/22) Makes the state senator and representative who represent the district in which a facility to which a permit application related is located an “affected person” for purposes of administrative hearings. |
| Bill History: |
12-08-22 H Filed
|
|
HB 935
|
Dutton, Harold(D) |
Relating to public comments on matters subject to a hearing under the jurisdiction of the Texas Commission on Environmental Quality. |
| Companions: |
| HB 968 |
Dutton, Harold |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 12/8/22) Amends § 5.555, Water Code, to require the executive director to respond to all public comments on a permit application, not just that are “relevant and material.” Requires the commission to consider all public comments when deciding whether to approve a permit. |
| Bill History: |
12-08-22 H Filed
|
|
HB 952
|
Dutton, Harold(D) |
Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks. |
| Companions: |
| HB 858 |
Dutton, Harold |
(Refiled from 87R Session) |
| SB 1981 |
Miles, Borris |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 12/8/22) Adds § 361.042, Health and Safety Code (Solid Waste Disposal Act), to require TCEQ to set each carcinogenic risk level used by the commission at a rate not greater than one in a million. |
| Bill History: |
12-08-22 H Filed
|
| Companions: |
| HB 2925 |
Dutton, Harold |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 12/8/22) Amends § 18.001, CPRC, to exempt a medical bill or other itemized statement of a medical or health care service charging $50,000 or less, an expense affidavit is not required to support a finding of fact that the amount charged was reasonable and necessary. |
| Bill History: |
12-08-22 H Filed
|
| Remarks: |
(AS FILED 12/9/22) Requires a justice of the peace to file an annual report of the total income received from performing marriage services, notary public services, and as registrar for the Bureau of Vital Statistics. |
| Bill History: |
12-09-22 H Filed
|
|
HB 970
|
Zwiener, Erin(D) |
Relating to the repeal of statutes regarding the criminality or unacceptability of homosexual conduct and to the recognition of certain same-sex relationship statuses. |
| Companions: |
| SB 82 |
Johnson, Nathan |
(Identical) |
|
11-14-22 S Filed |
| SB 111 |
Menendez, Jose |
(Identical) |
|
11-14-22 S Filed |
|
| Remarks: |
(AS FILED 12/9/22) Repeals statutes that criminalize or negatively represent homosexual conduct. |
| Bill History: |
12-09-22 H Filed
|
| Companions: |
| HB 2000 |
Johnson, Julie |
(Identical) |
|
2- 7-23 H Filed |
| SB 122 |
Alvarado, Carol |
(Identical) |
|
11-14-22 S Filed |
|
| Remarks: |
(AS FILED 12/12/22) Creates an exception to the abortion ban if the pregnancy results from a sexual assault, an aggravated sexual assault, or incest. Repeals the old Texas criminal abortion statute, Title 71, Chapter 6 ½, Vernon’s Statutes. |
| Bill History: |
12-12-22 H Filed
|
|
HB 980
|
Cook, David(R) |
Relating to the privilege against disclosure of certain collaborative family law communications. |
| Bill History: |
12-12-22 H Filed
|
|
HB 981
|
Lopez, Ray(D) |
Relating to providing notice to a state representative and senator of certain administrative actions of the Texas Commission on Environmental Quality. |
| Companions: |
| SB 813 |
Miles, Borris |
(Identical) |
|
2- 9-23 S Filed |
|
| Remarks: |
(AS FILED 12/12/22) Amends § 7.060, Water Code, to require TCEQ to send notice of a penalty to the state representative and senator representing the location where the violation occurred. Amends § 7.075(a), Water Code, to require TCEQ to send notice of a proposed administrative order or agreement to settle an enforcement action to the state representative and senator representing the location where the violation occurred. |
| Bill History: |
12-12-22 H Filed
|
|
HB 982
|
Toth, Steve(R) |
Relating to a prohibition on contracts with certain companies that use certain environmental, social, and governance criteria. |
| Remarks: |
(AS FILED 12/12/22) Mandates a contract between a governmental entity and an entity (except a sole proprietorship) with 10 or more full-time employees with a value of $100,000 or more payable wholly or partly from public funds to require the contractor to verify in writing that it does not and will not during the term of the contract use prohibited ESG criteria to evaluate a business or investment strategy. Defines “prohibited ESG criteria” as environmental, social, and governance criteria that “furthers political policy at the expense of the Texas economy and company shareholders.” |
| Bill History: |
12-12-22 H Filed
|
|
HB 998
|
Paul, Dennis(R) |
Relating to the provision of property owners’ association insurance by the FAIR Plan Association in certain areas. |
| Companions: |
| SB 741 |
Middleton, Mayes (F) |
(Identical) |
|
2- 7-23 S Filed |
|
| Remarks: |
(AS FILED 12/13/22) Amends § 544.002, Insurance Code, to prohibit an insurer from refusing to provide coverage or continue providing coverage to an individual because of the individual’s sexual orientation or gender identity or expression. |
| Bill History: |
12-13-22 H Filed
|
|
HB 1006
|
Tepper, Carl (F)(R) |
Relating to protected expression, intellectual freedom, and viewpoint diversity at public institutions of higher education. |
| Remarks: |
(AS FILED 12/13/22) Prohibits an institution of higher education from funding or promoting diversity, equity, and inclusion. Authorizes an action for injunctive relief plus attorney’s fees and costs. |
| Bill History: |
12-13-22 H Filed
|
| Companions: |
| HB 3860 |
Gonzalez, Jessica |
(Refiled from 87R Session) |
| SB 1540 |
Menendez, Jose |
(Refiled from 87R Session) |
| SB 110 |
Menendez, Jose |
(Identical) |
|
11-14-22 S Filed |
|
| Remarks: |
(AS FILED 12/14/22) Adds Chapter 113, Business & Commerce Code, to prohibit a person from discriminating against any person because of race, color, disability, religion, sex, national origin, age, sexual orientation, or gender identity (or status as a military veteran) to full and equal accommodation in any place of public accommodation in the state. Establishes a complaint procedure at the Texas Workforce Commission. Allows a complainant to file a civil suit if the commission denies a complaint. Authorizes compensatory and punitive damages. Authorizes award of attorney’s fees to a prevailing party other than the commission. Provides trial de novo for a judicial proceeding. Provides for enforcement by the attorney general. Adds discrimination based on sexual orientation, gender identity, and status as a military veteran to unlawful employment practices parts of the Labor Code. |
| Bill History: |
12-14-22 H Filed
|
|
HB 1023
|
Harrison, Brian(R) |
Relating to the regulation of laboratory developed tests during a federally declared public health emergency. |
| Remarks: |
(AS FILED 12/15/22) Prohibits the U.S. Food and Drug Administration from regulating a clinical laboratory when the lab is performing a lab-developed test on a pathogen or agent that is the basis for a federal emergency declaration or to diagnose the health condition that is the basis for the emergency declaration. Defines the lab as a state agency but bars a state agency from regulating the lab if it did not possess that authority prior to the declared emergency. Does not relieve a lab of any state or federal liability. |
| Bill History: |
12-15-22 H Filed
|
| Remarks: |
(AS FILED 12/16/22) Prohibits state funds from being used for gender reassignment. |
| Bill History: |
12-16-22 H Filed
|
|
HB 1031
|
Slaton, Bryan(R) |
Relating to remote vehicle disabling technology capable of being activated or engaged by a motor vehicle manufacturer or governmental entity. |
| Remarks: |
(AS FILED 12/19/22) Imposes criminal liability on a manufacturer or distributor of a remote vehicle disabling technology that is capable of being activated or engaged by a motor vehicle manufacturer or governmental entity and installed on a light truck or passenger car. Violation is a state jail felony. Provides for license revocation of a person who violates the law. |
| Bill History: |
12-19-22 H Filed
|
|
HB 1032
|
Noble, Candy(R) |
Relating to prohibited vaccination status discrimination and requirements for COVID-19 vaccines. |
| Remarks: |
(AS FILED 12/19/22) Adds Subchapter N, Insurance Code, to prohibit a group health benefit plan issuer or a life insurance company from using an individual’s COVID-19 vaccination status to discriminate against the individual in providing coverage. Purports to preempt any other law. Amends Chapter 21, Labor Code, to prohibit an employer from discriminating against a person who has not received a COVID-19 vaccination. Immunizes an employer from suit arising from a failure to mandate a COVID-19 vaccine. Prohibits an elementary or secondary school or institution of higher education from discriminating against a student who has not received a COVID vaccination. Blocks HHSC from adding COVID-19 to the list of mandatory vaccinations. |
| Bill History: |
12-19-22 H Filed
|
|
HB 1033
|
Tepper, Carl (F)(R) |
Relating to prohibiting the use of political tests by governmental entities and certain government contracts. |
| Remarks: |
(AS FILED 12/19/22) Prohibits the state or a local government from requiring diversity training. Prohibits the state or a local government from entering into a contract with a company or organization that requires diversity training or any other training that may be “partisan, political, or ideological.” |
| Bill History: |
12-19-22 H Filed
|
|
HB 1039
|
Thompson, Ed(R) |
Relating to coverage of additional living expenses under a residential property insurance policy. |
| Remarks: |
(AS FILED 12/19/22) Requires an insurer who writes residential property insurance in Texas to cover additional living expenses incurred by the insured if the insured property is uninhabitable due to a stoppage caused by a covered loss of water, electricity, sewer, or natural gas services for a period of at least 24 hours (if the policy includes such coverage in any amount). |
| Bill History: |
12-19-22 H Filed
|
| Companions: |
| HB 4290 |
Hinojosa, Gina |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 12/19/22) Prohibits a private employer to require an employee whose compensation is the greater of the federal minimum-wage employee or $15/hour from signing a covenant not to compete. Makes such an agreement void and unenforceable. |
| Bill History: |
12-19-22 H Filed
|
| Remarks: |
(AS FILED 12/19/22) Prohibits an institution of higher education from requiring an employee or student “to identify a commitment to or make a statement of personal belief supporting any specific partisan, political, or ideological set of beliefs,” including diversity, equity, and inclusion. Likely creates an implied cause of action. |
| Bill History: |
12-19-22 H Filed
|
|
HB 1047
|
Hinojosa, Gina(D) |
Relating to the submission of certain reports to the legislature by the governor regarding a declared state of disaster. |
| Remarks: |
(AS FILED 12/19/22) Requires the governor to submit to the Legislature, not later than 30 days after declaring or renewing a state of disaster, a report detailing contracts entered into without competitive bidding, federal money received, expenditures or expenditure plans for federal money, and each state agency or program receiving federal money or state matching funds. |
| Bill History: |
12-19-22 H Filed
|
| Bill History: |
12-19-22 H Filed
|
|
HB 1049
|
Hinojosa, Gina(D) |
Relating to prohibiting a prospective residential landlord from increasing the amount of rent during the rental application process. |
| Bill History: |
12-19-22 H Filed
|
|
HB 1050
|
Hinojosa, Gina(D) |
Relating to the authority of pharmacists to dispense self-administered hormonal contraceptives. |
| Remarks: |
(AS FILED 12/19/22) Authorizes a physician to issue a written protocol authorizing the dispensing of a self-administered hormonal contraceptive that is approved by the FDA to prevent pregnancy and a pharmacist to dispense the contraceptive to a patient 18 years of age and older under the written protocol without any other patient-specific prescription drug order. Grants immunity from damages to a physician or pharmacist acting reasonably and good faith. Provides that health plan coverage for the contraceptive applies the same way as it does to a patient-specific prescription drug order. |
| Bill History: |
12-19-22 H Filed
|
|
HB 1054
|
Turner, Chris(D) |
Relating to the classification of certain construction workers and the eligibility of those workers for unemployment benefits. |
| Remarks: |
(AS FILED 12/20/22) Adds Subchapter L, Chapter 301, Labor Code, to require a contractor to “properly classify each individual providing construction services as either an employee or an independent contractor in accordance with” TWC rules. Provides that an individual may not be considered an employee solely on the basis the individual must submit to a criminal background check or preemployment drug screening or possess a certain license or certification relating to the work the individual will perform. Provides that the contractor is not required to report an individual as an employee if the contractor shows that the individual is an independent contractor, provides a 1099 or equivalent form, and files the form with the IRS. Exempts governmental entities and religious organizations. Establishes a complaint procedure. Imposes administrative penalties on contractors for misclassifying employees. Requires TWC to report violations to a government entity that the commission reasonably believes has received construction services provided by the contractor. Requires TWC to compile an annual report detailing violations. |
| Bill History: |
12-20-22 H Filed
|
|
HB 1056
|
Hinojosa, Gina(D) |
Relating to the registration of financial institutions and investment firms that lease residential real property. |
| Remarks: |
(AS FILED 12/20/22) Requires an investment firm or financial institution that owns and offers for lease a dwelling in this state to register with the comptroller. Requires the comptroller to compile and maintain the information in a publicly accessible registry. |
| Bill History: |
12-20-22 H Filed
|
| Remarks: |
(AS FILED 12/20/22) Bars an investment firm from entering into an executory contract to purchase a single-family home that is listed for sale before the 30th day after the date the home is listed. Makes a contract entered into before that date voidable by the seller. |
| Bill History: |
12-20-22 H Filed
|
|
HB 1074
|
Hull, Lacey(R) |
Relating to construction of certain laws prohibiting discrimination, distinctions, inducements, rebates, and certain other conduct related to property and casualty insurance. |
| Remarks: |
(AS FILED 12/21/22) Amends § 1806.002, Insurance Code, to authorize an insurer or insurer’s agent to offer or give an insured or applicant, for free or at a discounted price in a manner that is not unfairly discriminatory to insureds or applicants of the same class and of essentially the same hazard, services or other offerings not specified in the insurance policy that relate to loss control of the risks covered under the policy. Clarifies that various non-discrimination provisions in Chapter 1806 do not permit an unfair method of competition or a false, misleading, or deceptive act or practice under the DTPA. Requires the cost to the insurer or insurer’s agent of offering the product or service to be reasonable in comparison to that customer’s premiums or insurance coverage for the policy class. |
| Bill History: |
12-21-22 H Filed
|
| Remarks: |
(AS FILED 12/21/22) ): Prohibits a foreign government, company directly or indirectly controlled by a foreign government, or company or entity owned by or the majority of stock or other ownership interest of which is held or controlled by a foreign government or foreign government controlled entity, from acquiring an interest in agricultural land. |
| Bill History: |
12-21-22 H Filed
|
| Companions: |
| HB 695 |
Martinez, Armando |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 12/21/22) Authorizes the governing board of a university system to establish a public law school in Cameron County or Hidalgo County. |
| Bill History: |
12-21-22 H Filed
|
|
HB 1079
|
Martinez, Armando(D) |
Relating to warning signs posted by certain food service establishments that prepare food items containing peanut products. |
| Remarks: |
(AS FILED 12/21/22) Requires food service establishments that prepares food items containing peanuts or a peanut product to conspicuously post a warning sign in the area where food is consumed or on the menu. |
| Bill History: |
12-21-22 H Filed
|
| Companions: |
| HB 1536 |
Martinez, Armando |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 12/21/22) Permits a food service establishment to require each employee whose position requires regular interaction with customers consuming food on the premises to hold a certification in cardiopulmonary resuscitation. |
| Bill History: |
12-21-22 H Filed
|
| Remarks: |
(AS FILED 12/21/22) Repeals Chapter 2271, Government Code, which prohibits a governmental entity from contracting with a company that boycotts Israel. Repeals Chapter 2274, Government Code, which bars a governmental entity from contracting with a company that boycotts an energy company and requires the state to divest investments from such companies. |
| Bill History: |
12-21-22 H Filed
|
| Remarks: |
(AS FILED 12/21/22) Repeals Chapter 2271, Government Code, which prohibits a governmental entity from contracting with a company that boycotts Israel. |
| Bill History: |
12-21-22 H Filed
|
| Remarks: |
(AS FILED 12/21/22) ): Repeals Chapter 2274, Government Code, which bars a governmental entity from contracting with a company that boycotts an energy company and requires the state to divest investments from such companies. |
| Bill History: |
12-21-22 H Filed
|
|
HB 1092
|
Rosenthal, Jon(D) |
Relating to contracting with companies that discriminate against the firearm or ammunition industries. |
| Remarks: |
(AS FILED 12/21/22) Repeals Chapter 2274, Government Code, which bars governmental entities from contracting with companies that boycott businesses that manufactures firearms or ammunition. |
| Bill History: |
12-21-22 H Filed
|
| Companions: |
| SB 611 |
Johnson, Nathan |
(Identical) |
|
1-26-23 S Filed |
|
| Remarks: |
Requires a senior living facility to conduct criminal background checks on employees and to require contractors to conduct background checks on their employees who will have access to the facility. Requires the facility to report all criminal activity to law enforcement. Prohibits the facility from preventing or inhibiting a resident from communicating with law enforcement, family member, social worker, or other interested person regarding the safety or security of the facility. Prohibits the facility from preventing a law enforcement officer from entering a common area of the facility to conduct a voluntary interview with a resident as part of an investigation of criminal activity at the facility. Prohibits a lease, rental, or purchase agreement with a resident from waiving liability, requiring arbitration, or controlling the content or execution of the resident’s advance directive or testamentary documents. Imposes civil liability for damages to a resident for violations or failure to implement a safety policy or procedure and exempts actions from Chapter 74, CPRC. |
| Bill History: |
12-22-22 H Filed
|
| Companions: |
| HB 1529 |
Martinez Fischer, Trey |
(Refiled from 87R Session) |
|
| Bill History: |
12-29-22 H Filed
|
|
HB 1158
|
Darby, Drew(R) |
Relating to advanced clean energy projects and certain other projects that reduce or eliminate carbon dioxide emissions. |
| Bill History: |
01-03-23 H Filed
|
|
HB 1160
|
Rogers, Glenn(R) |
Relating to eligibility to be a candidate for, or elected or appointed to, a public elective office in this state. |
| Companions: |
| HB 2764 |
Rogers, Glenn (F) |
(Refiled from 87R Session) |
| HB 789 |
Rogers, Glenn |
(Identical) |
|
11-22-22 H Filed |
|
| Bill History: |
01-03-23 H Filed
|
| Bill History: |
01-03-23 H Filed
|
|
HB 1215
|
Cook, David(R) |
Relating to consideration of criminal history of applicants for public employment. |
| Bill History: |
01-09-23 H Filed
|
| Companions: |
| HB 391 |
Goldman, Craig |
(Identical) |
|
11-14-22 H Filed |
|
| Bill History: |
01-09-23 H Filed
|
|
HB 1234
|
Thompson, Ed(R) |
Relating to residential property insurance coverage of cosmetic damage to a metal roof. |
| Remarks: |
(AS FILED 1/9/23) Prohibits an insurer from issuing or renewing a residential property insurance policy unless the insurer provides coverage for damage to a metal roof regardless of whether the damage impedes the function of the roof. |
| Bill History: |
01-09-23 H Filed
|
|
HB 1235
|
Thompson, Ed(R) |
Relating to the inclusion of diminished value in the minimum motor vehicle liability insurance coverage requirement. |
| Companions: |
| HB 552 |
Thompson, Ed |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 1/9/23) Amends § 601.072(a-1), Transportation Code, to require the $25,000 minimum amount of motor vehicle liability coverage for damage to or destruction of property of others in one accident to include any diminution of value as a result of the accident. Effective January 1, 2024. |
| Bill History: |
01-09-23 H Filed
|
| Companions: |
| SB 833 |
King, Phil (F) |
(Identical) |
|
2-10-23 S Filed |
|
| Remarks: |
(AS FILED 1/9/23) Prohibits an insurer from considering a customer’s ESG score or consideration of diversity, equity, and inclusion factors. |
| Bill History: |
01-09-23 H Filed
|
| Companions: |
| HB 3333 |
Smithee, John |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 1/10/23) Adds § 16.073, CPRC, to provide that a party may not assert a claim in an arbitration proceeding that the party could not assert in court because the applicable limitations period had expired. Allows a party to assert such a claim if the party brough suit for the claim in court before the expiration of limitations, or the parties either agreed to arbitrate the claim or the court ordered the parties to arbitrate the claim. |
| Bill History: |
01-10-23 H Filed
|
| Companions: |
| HB 643 |
Patterson, Jared |
(Identical) |
|
11-14-22 H Filed |
| HB 708 |
Shaheen, Matt |
(Identical) |
|
11-15-22 H Filed |
| SB 476 |
Hughes, Bryan |
(Identical) |
|
1-17-23 S Filed |
|
| Remarks: |
(AS FILED 1/11/23) Defines a “drag performance” as “a performance in which a performer exhibits a gender identity that is different than the performer’s gender assigned at birth using clothing, makeup, or other physical markers and sings, lip syncs, dances, or otherwise performs before an audience.” Deems businesses that show a drag performance as sexually-oriented businesses for purpose of local regulation. |
| Bill History: |
01-11-23 H Filed
|
|
HB 1268
|
Walle, Armando(D) |
Relating to a landlord’s liability to a tenant for a casualty loss to residential rental premises caused by the landlord. |
| Companions: |
| HB 4490 |
Walle, Armando |
(Refiled from 87R Session) |
|
| Remarks: |
Imposes a duty on a residential landlord, in the event of a casualty loss caused by the negligence or fault of the landlord, to relocate the tenant in comparable rental property either owned by the landlord or by a third party. Makes the landlord liable to the tenant for rent exceeding the amount the tenant pays under the current lease. |
| Bill History: |
01-11-23 H Filed
|
|
HB 1280
|
Oliverson, Tom(R) |
Relating to the determination of compensation and reporting requirements for the franchise tax. |
| Remarks: |
(AS FILED 1/11/23) Bars a taxable entity that provides health care coverage to its officers, directors, owners, partners, or employees for abortions, including travel, or sick leave for the purpose of procuring or recovering from an abortion from subtracting the cost of the health care in calculating its taxable margin. Requires the taxable entity to certify whether its health care benefits include that coverage. |
| Bill History: |
01-11-23 H Filed
|
|
HB 1302
|
Geren, Charlie(R) |
Relating to inspections and examinations by the Railroad Commission of Texas of certain sites and facilities conducted using unmanned aircraft. |
| Companions: |
| HB 2957 |
Geren, Charlie |
(Refiled from 87R Session) |
| SB 1583 |
Hughes, Bryan |
(Refiled from 87R Session) |
|
| Bill History: |
01-12-23 H Filed
|
| Companions: |
| HB 2549 |
Dutton, Harold |
(Refiled from 87R Session) |
|
| Remarks: |
Amends § 101.106 CPRC (Tort Claims Act) to allow a plaintiff to sue a governmental employee for assault, battery, false imprisonment, or any other intentional tort, including a tort involving disciplinary action by school authorities. |
| Bill History: |
01-12-23 H Filed
|
|
HB 1313
|
Burrows, Dustin(R) |
Relating to a study on the side effects, adverse reactions, including death, and the effectiveness of vaccines against the SARS-CoV-2 virus (COVID-19) or its variants. |
| Companions: |
| SB 403 |
Springer, Drew |
(Identical) |
|
1-12-23 S Filed |
|
| Remarks: |
Requires the Health and Human Services Commission to conduct a study of adverse effects of COVID vaccines and report to the Governor and Legislature on January 1, 2024. |
| Bill History: |
01-12-23 H Filed
|
| Companions: |
| HB 359 |
Geren, Charlie |
(Refiled from 87R Session) |
| SB 1935 |
Hughes, Bryan |
(Refiled from 87R Session) |
|
| Bill History: |
01-12-23 H Filed
|
| Remarks: |
(AS FILED 1/12/23) Amends § 1952.301, Insurance Code, to prohibit an insurer from requiring that: (1) a vehicle be repaired with the least expensive part or product available; (2) a vehicle owner buy a part or product from any vendor on the basis that the part or product is the least expensive. Prohibits an insurer from considering a specified part or product to be of like kind or quality as an OEM part or product for any purpose unless the insurer or manufacturer conclusively prove that the part or product meets the fit, finish, and quality criteria established by the original equipment manufacturer, is the same weight and metal hardness as the OEM part, and has been tested using the same crash and safety test criteria used by the original equipment manufacturer. Bars an insurer or adjuster from limiting the policy beneficiary from selecting a body shop to repair the vehicle “to the vehicle’s condition before the damage occurred” without owing any out-of-pocket cost other than the deductible, coercing a beneficiary from using a particular repair facility, or offering an incentive or inducement to use a particular repair facility, other than a warranty issued by the facility. Prohibits an insurer or adjuster from requiring a beneficiary or third-party claimant to travel an inconvenient distance for vehicle repair, offer, communicate, or suggest that a particular repair facility will do the job faster or more efficiently handle the claim, or disregard a repair operation or cost identified by an objective estimation system. |
| Bill History: |
01-12-23 H Filed
|
| Companions: |
| HB 2485 |
Herrero, Abel |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 1/13/23) Exempts firefighters and police officers from jury duty. |
| Bill History: |
01-13-23 H Filed
|
|
HB 1336
|
Darby, Drew(R) |
Relating to the ownership by a landowner of the geothermal energy and associated resources below the surface of the landowner’s land. |
| Companions: |
| SB 785 |
Birdwell, Brian |
(Identical) |
|
2- 8-23 S Filed |
|
| Bill History: |
01-13-23 H Filed
|
|
HB 1337
|
Hull, Lacey(R) |
Relating to step therapy protocols required by health benefit plans for coverage of prescription drugs for serious mental illnesses. |
| Companions: |
| SB 452 |
Menendez, Jose |
(Identical) |
|
1-12-23 S Filed |
|
| Remarks: |
(AS FILED 1/13/23) Prohibits a health benefit plan from requiring step therapy before providing coverage of an FDA-approved prescription drug for treating serious mental illness. Allows a step therapy protocol to require a trial of a generic or pharmaceutical equivalent of a prescribed prescription drug only once in a plan year and if the equivalent drug is added to the plan’s drug formulary. |
| Bill History: |
01-13-23 H Filed
|
|
HB 1350
|
Cook, David(R) |
Relating to the enforcement of criminal offenses by district attorneys, criminal district attorneys, and county attorneys. |
| Companions: |
| SB 378 |
Parker, Tan (F) |
(Identical) |
|
1-10-23 S Filed |
|
| Remarks: |
(AS FILED 1/10/23) Imposes a civil penalty on district and county attorneys who, either by formal policy or pattern or practice, prohibit or materially limit the enforcement of a criminal offense. Gives the attorney general enforcement authority and recovery of costs and attorney’s fees. |
| Bill History: |
01-17-23 H Filed
|
|
HB 1352
|
Hernandez, Ana(D) |
Relating to the provision of uninsured or underinsured motorist coverage in automobile liability insurance policies. |
| Remarks: |
(AS FILED 1/17/23) Subjects county mutual insurers to the requirements of Subchapter C, Chapter 1952, Insurance Code, which requires automobile liability insurers to provide uninsured/underinsured coverage. |
| Bill History: |
01-17-23 H Filed
|
| Remarks: |
(AS FILED 1/17/23) Adds Chapter 100C, CPRC, to limit the cause of action for public nuisance. Excludes the following claims, actions, or conditions from giving rise to a public nuisance cause of action: (1) an action or condition authorized, approved, or mandated by a court order; (2) an action or condition authorized, approved, or mandated by a statute, ordinance, regulation, permit, order, rule, or other measure issued, adopted, promulgated, or approved by the federal government, a federal agency, a state, a state agency, or a political subdivision; (3) a claim based on the manufacturing, distribution, selling, labeling, or marketing of a product, regardless of whether the product is defective; or (5) any other claim, action, or condition determined by common law not to constitute or give rise to a cause of action for public nuisance. Prohibits a governmental entity from recovering economic, noneconomic, or exemplary damages in a public nuisance action. Provides that a financial expenditure made by a governmental entity related to the remediation, abatement, or injunction of an unlawful condition does not constitute an injury sufficient to confer standing to file or maintain a public nuisance action. Allows an individual to bring a public nuisance action only for compensatory damages for an injury caused to the individual that is different in kind, not just in degree, from an injury suffered by the public. Bars a public nuisance action for interference with the use or damage to public land, air, or water with only personal, spiritual, cultural, or emotional significance to the individual. Bars the aggregation of private nuisance claims to produce a violation of established public rights. |
| Bill History: |
01-17-23 H Filed
|
|
HB 1387
|
Walle, Armando(D) |
Relating to the persons entitled to request a public hearing from the Texas Commission on Environmental Quality related to the construction of a concrete plant. |
| Bill History: |
01-18-23 H Filed
|
|
HB 1414
|
Toth, Steve(R) |
Relating to the enforcement of certain federal laws regulating gas stove usage within the State of Texas. |
| Remarks: |
(AS FILED 1/18/23) Bars the state or a state agency from assisting the federal government in the regulation of gas stoves. |
| Bill History: |
01-18-23 H Filed
|
|
HB 1419
|
Cain, Briscoe(R) |
Relating to the repeal of certain limitations on bacterial meningitis vaccination exemptions for students at institutions of higher education. |
| Remarks: |
Repeals vaccine requirement for bacterial meningitis for new college students. |
| Bill History: |
01-18-23 H Filed
|
|
HB 1436
|
Metcalf, Will(R) |
Relating to the redesignation of County Court at Law No. 2 of Montgomery County as Probate Court No. 1 of Montgomery County, the jurisdiction and authority of statutory probate courts. |
| Remarks: |
(AS FILED 1/18/23) Redesignates Montgomery County Court at Law No. 2 as a statutory probate court. Gives the statutory probate court concurrent jurisdiction with a district court in disputes relating to the creation of a constructive trust, declaratory judgment actions, actions in which the only relief sought is a writ of injunction, and actions to appoint a receiver. Gives the statutory probate court jurisdiction over eminent domain, regardless of amount in controversy. Allows the court to conduct remote proceedings without the consent of the parties. |
| Bill History: |
01-18-23 H Filed
|
|
HB 1437
|
Clardy, Travis(R) |
Relating to an appraisal procedure for disputed losses under personal automobile insurance policies. |
| Companions: |
| HB 2534 |
Clardy, Travis |
(Refiled from 87R Session) |
| SB 1706 |
Blanco, Cesar (F) |
(Refiled from 87R Session) |
| SB 554 |
Hughes, Bryan |
(Identical) |
|
1-23-23 S Filed |
|
| Remarks: |
(AS FILED 1/18/23) Adds Subchapter I, Chapter 1952, Insurance Code, to require a personal automobile insurance policy to contain an appraisal procedure. Establishes an appraisal procedure whereby: (1) the insured or insurer may demand an appraisal up to 90 days after proof of loss, (2) each party shall appoint a competent appraiser to determine the loss, and (3) in the event of a disagreement the appraisers shall appoint an umpire (or the court if the appraisers can’t agree. Provides that if the appraisal ends up $1 more than the insurer’s proposed undisputed loss statement, the insurer shall refund to the insured appraisal costs. |
| Bill History: |
01-18-23 H Filed
|
| Remarks: |
Creates a cause of action for damages, attorney’s fees, and costs if a person other than the landlord, credit reporting agency, or person who seels eviction information discloses the existence of certain eviction cases which result in no relief for the landlord or uses eviction case information as a factor in determining a score or recommendation in a tenant screening report regarding the defendant tenant. |
| Bill History: |
01-19-23 H Filed
|
| Remarks: |
Requires a health benefit plan or other policy with a death benefit that pays burial costs to cover the cost of disposition of embryonic or fetal tissue remains with a post-fertilization age of 20 weeks or more. |
| Bill History: |
01-19-23 H Filed
|
|
HB 1459
|
Rosenthal, Jon(D) |
Relating to the establishment by the Railroad Commission of Texas of a policy to eliminate the routine flaring of natural gas from wells or other facilities regulated by the commission. |
| Companions: |
| HB 1452 |
Rosenthal, Jon |
(Refiled from 87R Session) |
|
| Bill History: |
01-19-23 H Filed
|
|
HB 1467
|
Bucy, John(D) |
Relating to drug testing and prescription drug policies and certain legal protections for employees and independent contractors of state agencies and political subdivisions. |
| Remarks: |
Prohibits a state agency or political subdivision from requiring employees or independent contractors to submit to drug testing for cannabinoids or from obtaining or writing a prescription for low-THC cannabis or using a consumable hemp product. Prohibits a state agency or political subdivision from asking an employee about the employee’s use of low-THC cannabis or consumable hemp products. Imposes liability on a state agency or political subdivision for threatened or actual violations of the law in a judicial or administrative proceeding. Entitles a prevailing claimant compensatory damages, injunctive relief, declaratory relief, and other relief, including attorney’s fees. Waives sovereign or governmental immunity. Shields users of medical marijuana from arrest, prosecution, or penalty, or denial of any right or privilege, including administrative or civil penalty or disciplinary action by a court or state licensing board. |
| Bill History: |
01-19-23 H Filed
|
| Remarks: |
Requires the executive commissioner of HHSC to prescribe minimum standards for pregnancy resource centers equivalent to standards for ambulatory surgical centers. |
| Bill History: |
01-19-23 H Filed
|
| Remarks: |
(AS FILED 1/19/23) Amends § 2001.0045(c), Government Code (the Administrative Procedures Act), to require a rule that is necessary to protect the health, safety, and welfare of Texas residents to comply with the mandate that an agency cannot adopt a rule that increases costs to the regulated people or entities unless it repeals or amends another rule to offset that cost. Makes anuy rule adopted in violation of that mandate voidable. |
| Bill History: |
01-19-23 H Filed
|
| Companions: |
| SB 203 |
Eckhardt, Sarah |
(Identical) |
|
11-14-22 S Filed |
|
| Remarks: |
(AS FILED 11/14/22) Requires a physician or health care practitioner to prioritize the health of a pregnant patient over the health of the fetus when recommending a health care treatment for the patient, regardless of whether the treatment poses a risk of injury or death to the fetus. Provides that the pregnant patient may refuse such treatment and treatment can only be given with the patient’s informed consent. Provides for an administrative penalty against a physician or practitioner for violations. |
| Bill History: |
01-20-23 H Filed
|
| Remarks: |
Requires the deportation of foreign entrants to the state during the pending COVID state of emergency and the period in which the federal government requires entrants to have a COVID vaccination if the entrant does not enter through a port of entry for a health review. Requires deportation of person who have illegally entered the US in the past year from countries with US State Department travel warnings for COVID. |
| Bill History: |
01-20-23 H Filed
|
| Bill History: |
01-20-23 H Filed
|
| Companions: |
| HB 565 |
Lopez, Ray |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 1/20/23) Requires judicial training programs related to family violence, human trafficking, sexual assault, and child abuse to include childhood trauma and adverse childhood experiences. |
| Bill History: |
01-20-23 H Filed
|
|
HB 1527
|
Oliverson, Tom(R) |
Relating to the relationship between dentists and certain employee benefit plans and health insurers. |
| Remarks: |
(AS FILED 1/23/23) Prohibits an employee benefit plan or health insurance policy provider from recovering an overpayment from a dentist unless it follows certain procedures and gives the dentist the opportunity to object within a specified time. Prohibits a plan or policy from allowing the insurer to deny payment for a covered service and from barring the dentist from balance billing. Limits the ability of a plan or policy provider to grant third-party access to a provider network and allows a dentist to opt out of participating in third party access to the network. |
| Bill History: |
01-23-23 H Filed
|
|
HB 1532
|
Schatzline, Nate (F)(R) |
Relating to professional liability insurance coverage for and prohibitions on the provision to certain children of procedures and treatments for gender transitioning. |
| Remarks: |
(AS FILED 1/23/23) Defines medical treatment for gender transitioning as child abuse. Prohibits a professional liability insurer from covering treatment for gender transitioning. Subjects health care providers who violate the prohibition to disciplinary action. |
| Bill History: |
01-23-23 H Filed
|
| Remarks: |
(AS FILED 1/24/23) Provides immunity to the commissioner or chief medical executive of HHSC for consequences arising from a general standing order prescribing an opioid antagonist. |
| Bill History: |
01-24-23 H Filed
|
|
HB 1549
|
Romero, Ramon(D) |
Relating to administrative penalties assessed by the Texas Workforce Commission against certain employers for failure to pay wages. |
| Companions: |
| HB 2614 |
Romero, Ramon |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 1/24/23) Amends § 61.053, Labor Code, to require the Workforce Commission to assess administrative penalties against an employer who in bad faith fails to pay wages to an employee (current law makes this discretionary). Defines “bad faith” as a history of previous violations, discriminatory or retaliatory action, failure to pay to multiple employees at one time, failure to pay when the employer knows it’s against state law, failure to pay due to the employer’s reckless disregard for the employee. |
| Bill History: |
01-24-23 H Filed
|
|
HB 1553
|
Ashby, Trent(R) |
Relating to the definition of amusement ride for purposes of amusement ride regulation. |
| Companions: |
| HB 1268 |
Ashby, Trent |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 1/24/23) Amends § 2151.002(1), Occupations Code, to exclude from the definition of “amusement ride” certain challenge courses and waterslides. |
| Bill History: |
01-24-23 H Filed
|
|
HB 1561
|
Smithee, John(R) |
Relating to the decision of a court of appeals not to accept certain interlocutory appeals. |
| Remarks: |
(AS FILED 1/24/23) Amends § 51.014, CPRC, to require a court of appeals to state the specific reason for declining to accept a permissive appeal. Provides that the supreme court may review a court’s decision not to accept the appeal under an abuse of discretion standard. |
| Bill History: |
01-24-23 H Filed
|
| Companions: |
| SB 765 |
Zaffirini, Judith |
(Identical) |
|
2- 7-23 S Filed |
|
| Remarks: |
(AS FILED 1/24/23) Requires licensing and regulation of an operator that provides swim instruction to children six years of age or younger in groups of at least 3. Establishes minimum standards and a complaint and investigation process. Imposes administrative penalties for violations. |
| Bill History: |
01-24-23 H Filed
|
|
HB 1592
|
Oliverson, Tom(R) |
Relating to the application of balance billing prohibitions and out-of-network dispute resolution procedures to certain self-insured or self-funded employee welfare benefit plans. |
| Remarks: |
(AS FILED 1/25/23) Allows the plan sponsor of an ERISA employer health benefit plan to elect to apply the balance billing and out-of-network provider dispute resolution requirements of Chapter 1275, Insurance Code, to the plan for the relevant plan year. |
| Bill History: |
01-25-23 H Filed
|
|
HB 1593
|
Campos, Liz(D) |
Relating to infection prevention and control programs and other measures for communicable diseases at certain long-term care facilities. |
| Remarks: |
(AS FILED 1/25/23) Requires long-term care facilities to designate a quality assurance committee to conduct an annual review of the facility’s infection prevention and control program and to present its findings to facility residents and personnel at a meeting that is open to the public. Requires a facility to designate a primary and secondary infection preventionist responsible for reporting, investigation, record maintenance, and implementation of such programs. Authorizes the commission to assess administrative penalties for failure to comply. |
| Bill History: |
01-25-23 H Filed
|
|
HB 1594
|
Campos, Liz(D) |
Relating to the duties of social media companies regarding prostitution and trafficking of persons. |
| Remarks: |
(AS FILED 1/25/23) Requires a social media company that discovers a person using the site to promote prostitution or human trafficking to preserve the content, notify appropriate law enforcement, remove the content, and either suspend the account or issue a warning to the account holder. Creates a Class A misdemeanor for violations. |
| Bill History: |
01-25-23 H Filed
|
|
HB 1607
|
Harris, Cody(R) |
Relating to prohibiting certain instruction as part of a course at a public institution of higher education. |
| Remarks: |
(AS FILED 1/25/23) Prohibits a institution of higher education from requiring or making part of a course elements of so-called “critical race theory” or that American slavery was “anything other than deviating from, betrayals of, or failures to live up to the authentic founding principles of the US, including liberty and equality. Bars an institution from receiving state funds for violations. |
| Bill History: |
01-25-23 H Filed
|
|
HB 1627
|
Hernandez, Ana(D) |
Relating to implicit bias training for justices and judges of state courts, judicial officers, certain court personnel, and attorneys licensed to practice law in this state. |
| Companions: |
| HB 2714 |
Hernandez, Ana |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 1/25/23) Requires judicial officers and court personnel to have implicit bias training. Requires the court of criminal appeals to approve courses. Requires attorneys to take state bar-approved CLE courses on implicit bias. |
| Bill History: |
01-25-23 H Filed
|
| Remarks: |
(AS FILED 1/26/23) Amends § 27.02, Business & Commerce Code, to apply the prohibition on waiving, absorbing, or declining to collect a deductible in a transaction for good or service for $1,000 or more payable from the proceeds of a property insurance policy to automobile policies as well. |
| Bill History: |
01-26-23 H Filed
|
|
HB 1679
|
Hernandez, Ana(D) |
Relating to unprofessional conduct by mental health providers who attempt to change the sexual orientation of a child. |
| Companions: |
| HB 407 |
Hernandez, Ana |
(Refiled from 87R Session) |
| HB 560 |
Israel, Celia |
(Refiled from 87R Session) |
| SB 439 |
Menendez, Jose |
(Identical) |
|
1-12-23 S Filed |
|
| Remarks: |
(AS FILED 1/26/23) Bars a mental health professional, in the course of providing services to a child, from attempting to change the child’s sexual orientation or gender expression or identity or to reduce the child’s attraction to a member of the same sex. |
| Bill History: |
01-26-23 H Filed
|
| Remarks: |
(AS FILED 1/26/23) Makes conforming changes to the Family Code to reflect same-sex marriages. |
| Bill History: |
01-26-23 H Filed
|
|
HB 1686
|
Oliverson, Tom(R) |
Relating to prohibitions on the provision to certain children of procedures and treatments for gender transitioning, gender reassignment, or gender dysphoria. |
| Companions: |
| SB 625 |
Campbell, Donna |
(Identical) |
|
1-26-23 S Filed |
|
| Remarks: |
(AS FILED 1/26/23) Prohibits a health plan from covering and a physician from performing a gender transitioning or gender reassignment treatment on a child. Enforcement by the attorney general and license revocation by the Texas Medical Board. |
| Bill History: |
01-26-23 H Filed
|
| Remarks: |
(AS FILED 1/26/23) Bars a health care provider from charging a facility fee. Enforcement by administrative penalty assessed by HHSC. |
| Bill History: |
01-26-23 H Filed
|
|
HB 1696
|
Buckley, Brad(R) |
Relating to the relationship between managed care plans and optometrists, therapeutic optometrists, and ophthalmologists. |
| Remarks: |
(AS FILED 1/26/23) Establishes any willing provider requirements for managed health plans, including vision benefit plan issuers and administrators, that contract with optometrists, therapeutic optometrists, and ophthalmologists. |
| Bill History: |
01-26-23 H Filed
|
|
HB 1698
|
Jones, Jolanda (F)(D) |
Relating to prospective jurors summoned for jury service in the justice courts of a county with a population of one million or more. |
| Remarks: |
(AS FILED 1/26/23) Requires, in a county with a million people or more, the county to summon jurors directly to a justice court, which shall hear excuses from jury duty and command a sheriff or constable to summon additional jurors if needed. |
| Bill History: |
01-26-23 H Filed
|
| Remarks: |
(AS FILED 1/26/23) Adds § 541.060(c), Insurance Code, to apply the unfair settlement practices statute to workers’ compensation policies. |
| Bill History: |
01-26-23 H Filed
|
| Remarks: |
(AS FILED 1/26/23) Bars an insurance policy from prohibiting an insured to contract with a public adjuster. |
| Bill History: |
01-26-23 H Filed
|
|
HB 1716
|
Guillen, Ryan(R) |
Relating to the minimum motor vehicle liability insurance coverage requirement for damage to or destruction of property of others. |
| Companions: |
| SB 474 |
Springer, Drew |
(Identical) |
|
1-17-23 S Filed |
|
| Remarks: |
(AS FILED 1/26/23) Raises the minimum auto liability coverage for damage to or destruction of property of others from $25,000 to $50,000, effective January 1, 2024. |
| Bill History: |
01-26-23 H Filed
|
|
HB 1726
|
Hernandez, Ana(D) |
Relating to the reimbursement and payment of claims by certain health benefit plan issuers for telemedicine medical services, teledentistry dental services, and telehealth services. |
| Companions: |
| SB 724 |
Lamantia, Morgan (F) |
(Identical) |
|
2- 6-23 S Filed |
|
| Remarks: |
(AS FILED 1/26/23) Requires a health benefit plan issuer to reimburse a preferred or contracted professional for providing a covered health care service or procedure to a covered patient as a telemedicine medical service, teledentistry dental service, or telehealth service on the same basis and at least the same rate that the issuer reimburses that provider for in-person service. Adds credentialed mental health professionals to the list of covered providers. |
| Bill History: |
01-26-23 H Filed
|
|
HB 1727
|
Hernandez, Ana(D) |
Relating to the placement and use of video recording equipment in certain child-care facilities. |
| Companions: |
| HB 1073 |
Hernandez, Ana |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 1/26/23) Requires day care centers to place video recording equipment in areas where children are present, record when children are present, and retain the video for thirty days. Limits those who may view the video to an employee who is involved in an alleged incident documented by the video and reported to the commission, a parent of a child involved in an alleged incident, and appropriate commission, department, or law enforcement personnel. |
| Bill History: |
01-26-23 H Filed
|
|
HB 1741
|
Leach, Jeff(R) |
Relating to creating a criminal offense for the unauthorized disclosure of non-public judicial opinions and judicial work product. |
| Companions: |
| SB 372 |
Huffman, Joan |
(Identical) |
|
1-10-23 S Filed |
|
| Remarks: |
(AS FILED 1/26/23) Creates a criminal offense (Class A misdemeanor) if a person knowingly discloses the contents of any non-public judicial work product to a person who is not a justice, judge, court staff attorney, court clerk, law clerk, or other court staff routinely involved in crafting an opinion or decision for an adjudicatory proceeding. |
| Bill History: |
01-26-23 H Filed
|
|
HB 1744
|
Leach, Jeff(R) |
Relating to the use of a high occupancy vehicle lane by an operator of a motor vehicle who is pregnant. |
| Companions: |
| HB 521 |
Cain, Briscoe |
(Identical) |
|
11-14-22 H Filed |
|
| Remarks: |
(AS FILED 1/26/23) Allows a motor vehicle operator who is pregnant to use a high occupancy vehicle lane. |
| Bill History: |
01-26-23 H Filed
|
|
HB 1745
|
Leach, Jeff(R) |
Relating to civil actions or arbitrations involving transportation network companies. |
| Remarks: |
(AS FILED 1/26/23) Adds Chapter 150E, CPRC, to require a claimant bringing a personal injury action against a transportation network company to file with the petition (or at the initiation of arbitration) an affidavit by claimant’s counsel setting forth specifically for each theory of recovery (1) the negligence, if any, or other action, error, or omission of the company; and (2) the factual basis for each claim. Further requires a third-party expert affidavit attesting that the damages exceed the applicable insurance coverage. Requires a court or arbitration tribunal to dismiss the action for failure to file the affidavits. Makes an order granting or denying a motion to dismiss immediately appealable as an interlocutory appeal or grounds to file an application to a court to review the order of the arbitration tribunal. Provides that the transportation network company may not be held vicariously liable if the company did not commit a state or federal crime and has fulfilled its obligations with respect to the company driver under Chapter 2402, Occupations Code. |
| Bill History: |
01-26-23 H Filed
|
|
HB 1746
|
Hernandez, Ana(D) |
Relating to prohibited nonconsensual medical procedures and treatment on certain minors with intersex traits. |
| Remarks: |
(AS FILED 1/26/23) Establishes informed consent requirements and a judicial process for the treatment of foster children for intersex traits. |
| Bill History: |
01-26-23 H Filed
|
|
HB 1752
|
Toth, Steve(R) |
Relating to liability for the provision to certain children of procedures and treatments for gender transitioning, gender reassignment, or gender dysphoria. |
| Remarks: |
(AS FILED 1/26/23) Creates a cause of action for damages, statutory punitive damages of $10 million, and costs and reasonable fees for knowingly treating or aiding or abetting the treatment of a minor for gender dysphoria or gender transitioning. Establishes a 20-year statute of limitations. Bars affirmative defenses. Eliminates jurisdictional or venue requirements. Provides that Texas law governs procedures in other states. Bars declaratory judgment actions challenging the constitutionality of the statute. Creates a cause of action against a state or local official, including a judge, who issues an order preventing or delaying a claimant from bringing a civil action under the statute. Waives governmental immunity. Provides mandatory attorney’s fees. |
| Bill History: |
01-26-23 H Filed
|
|
HB 1753
|
Goodwin, Vikki(D) |
Relating to the right to assistive reproductive technology treatments and procedures, including in vitro fertilization. |
| Remarks: |
(AS FILED 1/26/23) Bars the state, local governments, and state and local officials from prohibiting or unreasonably limiting an individual from accessing an assistive reproductive technology treatment or proceeding, continuing or completing such treatment under a written plan or agreement with a health care provider, or retaining all rights regarding the use of the individual’s reproductive genetic material, including gametes. Further bars prohibiting or limiting a health care provider from providing treatment or providing evidence-based information about procedures. Bars prohibiting a health benefit plan issuer from covering an assistive reproductive technology treatment or procedure. Establishes a cause of action for injunctive relief against the state or local government or official for violations, which may be brought by the attorney general, a person adversely affected by the violation, or a health care provider on the provider’s behalf or the on behalf of the person adversely affected by the violation. Requires a court to award a claimant costs and attorney’s fees. |
| Bill History: |
01-26-23 H Filed
|
|
HB 1754
|
Smithee, John(R) |
Relating to the disclosure of certain prescription drug information by a health benefit plan. |
| Companions: |
| SB 622 |
Parker, Tan (F) |
(Identical) |
|
1-26-23 S Filed |
|
| Remarks: |
(AS FILED 1/26/23) Requires a health benefit plan issuer that covers prescription drugs and uses a drug formulary to disclose the formulary and up-to-date cost sharing information (as well as other information) to the enrollee or the enrollee’s prescribing provider upon request. Prohibits the issuer from delaying a response to a request, restricting communication between the provider and patient about the cash price of the drug, or interfere with or discourage access to the information (i.e., charging a fee or penalizing a provider for requesting the information.) |
| Bill History: |
01-26-23 H Filed
|
| Bill History: |
01-27-23 H Filed
|
| Companions: |
| HB 2406 |
Davis, Yvonne |
(Refiled from 87R Session) |
| SB 1106 |
Hughes, Bryan |
(Refiled from 87R Session) |
|
| Bill History: |
01-27-23 H Filed
|
|
HB 1806
|
Morales Shaw, Penny(D) |
Relating to the prohibition of employment discrimination based on sexual orientation or gender identity or expression. |
| Companions: |
| HB 3796 |
Morales Shaw, Penny (F) |
(Refiled from 87R Session) |
|
| Bill History: |
01-30-23 H Filed
|
|
HB 1808
|
Jones, Jolanda (F)(D) |
Relating to liability insurance obtained by certain peace officers for damages resulting from misconduct committed by those officers. |
| Bill History: |
01-30-23 H Filed
|
|
HB 1810
|
Cain, Briscoe(R) |
Relating to protection from employment retaliation for reporting the existence of certain policies, patterns, or practices of a local entity or institution of higher education related to immigration. |
| Bill History: |
01-30-23 H Filed
|
|
HB 1819
|
Cook, David(R) |
Relating to the repeal of the authority of political subdivisions to adopt or enforce juvenile curfews. |
| Companions: |
| HB 561 |
Israel, Celia |
(Refiled from 87R Session) |
| SB 603 |
Hughes, Bryan |
(Identical) |
|
1-25-23 S Filed |
|
| Bill History: |
02-03-23 H Filed
|
| Bill History: |
02-03-23 H Filed
|
|
HB 1823
|
Sherman, Carl(D) |
Relating to certain documents or instruments purporting to convey real or personal property. |
| Bill History: |
02-03-23 H Filed
|
|
HB 1839
|
Collier, Nicole(D) |
Relating to medical causation narrative reports created under the Texas Workers’ Compensation Act. |
| Bill History: |
02-03-23 H Filed
|
|
HB 1844
|
Capriglione, Giovanni(R) |
Relating to the regulation of the collection, use, processing, and treatment of consumers’ personal data by certain business entities. |
| Bill History: |
02-03-23 H Filed
|
| Companions: |
| HB 1900 |
Smithee, John |
(Identical) |
|
2- 3-23 H Filed |
|
| Bill History: |
02-03-23 H Filed
|
|
HB 1868
|
Campos, Liz(D) |
Relating to minimum staffing standards for assisted living facilities that provide care to persons with Alzheimer’s disease or related disorders. |
| Bill History: |
02-03-23 H Filed
|
|
HB 1873
|
Campos, Liz(D) |
Relating to patients’ rights, consumer protection, and directives for the provision of health care services. |
| Bill History: |
02-03-23 H Filed
|
| Bill History: |
02-03-23 H Filed
|
| Bill History: |
02-03-23 H Filed
|
|
HB 1880
|
Howard, Donna(D) |
Relating to the applicability of certain laws on the provision of money to organizations that support access to health care services and the repeal of certain laws prohibiting abortion. |
| Bill History: |
02-03-23 H Filed
|
|
HB 1881
|
Schatzline, Nate (F)(R) |
Relating to agreements between counties and United States Immigration and Customs Enforcement to enforce federal immigration law. |
| Bill History: |
02-03-23 H Filed
|
|
HB 1896
|
Guillen, Ryan(R) |
Relating to civil and criminal liability for the unlawful disclosure or promotion of intimate visual material. |
| Bill History: |
02-03-23 H Filed
|
|
HB 1899
|
Meyer, Morgan(R) |
Relating to increasing the criminal penalties for insider trading and other misuse of official information. |
| Companions: |
| HB 1595 |
Meyer, Morgan |
(Refiled from 87R Session) |
|
| Bill History: |
02-03-23 H Filed
|
| Companions: |
| HB 1861 |
Guillen, Ryan |
(Identical) |
|
2- 3-23 H Filed |
|
| Bill History: |
02-03-23 H Filed
|
|
HB 1902
|
Smithee, John(R) |
Relating to disclosure requirements for health care provider directories maintained by certain health benefit plan issuers. |
| Bill History: |
02-03-23 H Filed
|
| Companions: |
| SB 604 |
King, Phil (F) |
(Identical) |
|
1-25-23 S Filed |
|
| Bill History: |
02-03-23 H Filed
|
|
HB 1918
|
Lopez, Janie (F)(R) |
Relating to publication by the attorney general of a contingent fee contract for legal services for political subdivisions and related information. |
| Bill History: |
02-03-23 H Filed
|
| Companions: |
| SB 417 |
Paxton, Angela |
(Identical) |
|
1-12-23 S Filed |
|
| Bill History: |
02-06-23 H Filed
|
| Bill History: |
02-06-23 H Filed
|
| Bill History: |
02-06-23 H Filed
|
|
HB 1947
|
Harrison, Brian(R) |
Relating to de novo review and interpretation of state laws and state agency rules by reviewing court judges and administrative law judges. |
| Bill History: |
02-06-23 H Filed
|
|
HB 1948
|
Harrison, Brian(R) |
Relating to a requirement that certain rules proposed by state agencies in the executive branch of state government be approved by certain elected state officials. |
| Bill History: |
02-06-23 H Filed
|
| Bill History: |
02-06-23 H Filed
|
| Bill History: |
02-06-23 H Filed
|
|
HB 1971
|
Ashby, Trent(R) |
Relating to the procedures for acting on a permit or permit amendment application by a groundwater conservation district and the disqualification of board members of groundwater conservation districts. |
| Bill History: |
02-07-23 H Filed
|
| Companions: |
| SB 490 |
Hughes, Bryan |
(Identical) |
|
1-18-23 S Filed |
|
| Bill History: |
02-07-23 H Filed
|
|
HB 1985
|
Vasut, Cody(R) |
Relating to the service credit used in calculating longevity pay for certain judges and justices with prior full-time service as an associate judge. |
| Bill History: |
02-07-23 H Filed
|
|
HB 1989
|
Cook, David(R) |
Relating to the fees assessed by a district clerk for copies of certain court documents. |
| Bill History: |
02-07-23 H Filed
|
|
HB 1995
|
Goodwin, Vikki(D) |
Relating to requiring a licensed firearms dealer to report certain sales or transfers of multiple semiautomatic rifles to law enforcement. |
| Bill History: |
02-07-23 H Filed
|
|
HB 1997
|
Ortega, Lina(D) |
Relating to a study regarding establishing a public law school as a professional school of The University of Texas at El Paso. |
| Bill History: |
02-07-23 H Filed
|
|
HB 1999
|
Johnson, Julie(D) |
Relating to unlawful employment practices based on sexual harassment, including complaints and civil actions arising from those practices. |
| Bill History: |
02-07-23 H Filed
|
| Companions: |
| HB 979 |
Howard, Donna |
(Identical) |
|
12-12-22 H Filed |
| SB 122 |
Alvarado, Carol |
(Identical) |
|
11-14-22 S Filed |
|
| Bill History: |
02-07-23 H Filed
|
|
HB 2007
|
Martinez, Armando(D) |
Relating to a certificate of merit in certain actions against certain licensed or registered professionals. |
| Bill History: |
02-07-23 H Filed
|
| Bill History: |
02-07-23 H Filed
|
| Bill History: |
02-07-23 H Filed
|
| Bill History: |
02-08-23 H Filed
|
| Bill History: |
02-08-23 H Filed
|
|
HB 2023
|
Munoz, Sergio(D) |
Relating to the award of court costs and attorney’s fees in certain actions challenging certain local laws, local regulatory actions, or the failure of an officer of certain political subdivisions to perform certain actions. |
| Bill History: |
02-08-23 H Filed
|
|
HB 2024
|
Leach, Jeff(R) |
Relating to statutes of limitation and repose for certain claims arising out of residential construction. |
| Bill History: |
02-08-23 H Filed
|
| Bill History: |
02-08-23 H Filed
|
| Bill History: |
02-08-23 H Filed
|
|
HB 2045
|
Bowers, Rhetta(D) |
Relating to an exemption from court reporter transcript fees for a county that provides and maintains court reporting equipment. |
| Companions: |
| SB 556 |
West, Royce |
(Identical) |
|
1-23-23 S Filed |
|
| Bill History: |
02-08-23 H Filed
|
|
HB 2049
|
Zwiener, Erin(D) |
Relating to the issuance of a permit by the Public Utility Commission of Texas for the routing of certain oil or gas pipelines. |
| Bill History: |
02-08-23 H Filed
|
|
HB 2050
|
Zwiener, Erin(D) |
Relating to local government prohibitions or restrictions on the sale or use of a container or package. |
| Companions: |
| HB 176 |
Zwiener, Erin |
(Refiled from 87R Session) |
|
| Bill History: |
02-08-23 H Filed
|
|
HB 2065
|
Thompson, Ed(R) |
Relating to nonrenewal of certain private passenger automobile insurance policies for the insured’s failure to cooperate in a third-party liability claim or action. |
| Bill History: |
02-08-23 H Filed
|
|
HB 2068
|
Paul, Dennis(R) |
Relating to the fiduciary responsibility of governmental entities and the investment agents, plan administrators, or qualified vendors acting on behalf of those entities. |
| Bill History: |
02-08-23 H Filed
|
| Bill History: |
02-09-23 H Filed
|
| Bill History: |
02-09-23 H Filed
|
| Bill History: |
02-09-23 H Filed
|
| Companions: |
| SB 814 |
Creighton, Brandon |
(Identical) |
|
2- 9-23 S Filed |
|
| Bill History: |
02-09-23 H Filed
|
|
HB 2128
|
Bailes, Ernest(R) |
Relating to the charging of exorbitant or excessive prices for natural gas during a declared disaster. |
| Bill History: |
02-09-23 H Filed
|
| Bill History: |
02-09-23 H Filed
|
|
HB 2155
|
Patterson, Jared(R) |
Relating to prohibiting social media platforms from using certain social media algorithms to target minors. |
| Bill History: |
02-10-23 H Filed
|
|
HB 2161
|
Dutton, Harold(D) |
Relating to reports to the legislature on administrative hearings conducted by the State Office of Administrative Hearings. |
| Bill History: |
02-10-23 H Filed
|
|
HB 2180
|
Harris, Cody(R) |
Relating to the application of prescription drug price rebates to reduce health benefit plan enrollee cost sharing. |
| Bill History: |
02-10-23 H Filed
|
|
HJR 26
|
Schofield, Mike(R) |
Proposing a constitutional amendment concerning the right to repurchase real property acquired through eminent domain. |
| Remarks: |
(AS FILED 11/14/22) Amends Art. III, § 52j, Texas Constitution, to require an entity, including a private entity, with eminent domain authority to offer to sell property acquired by eminent domain to the owner or owner’s heirs, successors, or assigns, for the price the entity paid at the time the property was acquired by eminent domain. |
| Bill History: |
11-14-22 H Filed
|
|
HJR 39
|
Vasut, Cody(R) |
Proposing a constitutional amendment to repeal the mandatory age of retirement for state justices and judges. |
| Companions: |
| HJR 66 |
Vasut, Cody (F) |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 11/14/22) Amends Art. V, § 1-a(1), Texas Constitution, to repeal the mandatory retirement age for judges. |
| Bill History: |
11-14-22 H Filed
|
|
HJR 54
|
Rogers, Glenn(R) |
Proposing a constitutional amendment requiring payment of child support to be eligible to hold certain public elective offices. |
| Companions: |
| HJR 117 |
Rogers, Glenn (F) |
(Refiled from 87R Session) |
|
| Bill History: |
11-22-22 H Filed
|
|
HJR 56
|
Talarico, James(D) |
Proposing a constitutional amendment to limit the legislature’s ability to pass laws prohibiting access to abortion care. |
| Remarks: |
(AS FILED 11/29/22) Prohibits the legislature from passing a law that abridges an individual’s access to abortion care if the individual’s decision to access abortion care is made in consultation with a licensed physician. |
| Bill History: |
11-29-22 H Filed
|
|
HJR 58
|
Frank, James(R) |
Proposing a constitutional amendment protecting the fundamental right of parents to raise their children. |
| Companions: |
| HJR 85 |
Burrows, Dustin |
(Identical) |
|
1-20-23 H Filed |
|
| Bill History: |
12-06-22 H Filed
|
|
HJR 61
|
Johnson, Julie(D) |
Proposing a constitutional amendment to repeal the constitutional provision providing that marriage in this state consists only of the union of one man and one woman. |
| Companions: |
| HJR 58 |
Beckley, Michelle |
(Refiled from 87R Session) |
| SJR 15 |
Johnson, Nathan |
(Identical) |
|
11-14-22 S Filed |
|
| Remarks: |
(AS FILED 12/9/22) Repeals Art. I, § 32, Texas Constitution, which provides that marriage consists only of the union between one man and one woman. |
| Bill History: |
12-09-22 H Filed
|
|
HJR 62
|
Goodwin, Vikki(D) |
Proposing a constitutional amendment establishing an individual’s right to personal reproductive autonomy. |
| Companions: |
| SJR 21 |
Eckhardt, Sarah |
(Identical) |
|
11-14-22 S Filed |
|
| Remarks: |
(AS FILED 12/9/22) Proposes an amendment to Art. I, Texas Constitution, to recognize an individual’s reproductive choice. |
| Bill History: |
12-09-22 H Filed
|
|
HJR 63
|
Allen, Alma(D) |
Proposing a constitutional amendment prohibiting slavery and involuntary servitude. |
| Companions: |
| HJR 51 |
Allen, Alma |
(Refiled from 87R Session) |
| SJR 66 |
Miles, Borris |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 12/13/22) Adds Art. I, § 36, to prohibit any person from being held in slavery or involuntary servitude for any reason, including as punishment for a crime (the Texas Constitution does not currently ban slavery). |
| Bill History: |
12-13-22 H Filed
|
|
HJR 81
|
Schofield, Mike(R) |
Proposing a constitutional amendment prohibiting the taking of property by eminent domain for the purpose of transferring the property to a private entity. |
| Companions: |
| HJR 93 |
Schofield, Mike |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 1/18/23) Amends Art. I, § 17(b), Texas Constitution, to exclude from the definition of “public use” the taking of property by a public entity for transfer to a private entity for any purpose. |
| Bill History: |
01-18-23 H Filed
|
|
HJR 85
|
Burrows, Dustin(R) |
Proposing a constitutional amendment protecting the fundamental right of parents to raise their children. |
| Companions: |
| HJR 58 |
Frank, James |
(Identical) |
|
12- 6-22 H Filed |
|
| Remarks: |
(AS FILED 1/20/23) Adds Art. I, § 36, to enshrine the liberty of a parent to direct the upbringing of the parent’s child as a fundamental right, including the right to direct the care, custody, control, education, moral and religious training, and medical care of the child. Requires a compelling governmental interest and narrowly tailored remedy to interfere with the right. |
| Bill History: |
01-20-23 H Filed
|
|
HJR 98
|
Tinderholt, Tony(R) |
Proposing a constitutional amendment specifying the authority of the attorney general to prosecute a criminal offense prescribed by the election laws of this state. |
| Companions: |
| HJR 110 |
Isaac, Carrie (F) |
(Identical) |
|
2-10-23 H Filed |
|
| Bill History: |
02-03-23 H Filed
|
|
HJR 106
|
Schaefer, Matt(R) |
Proposing a constitutional amendment recognizing the right of a person to travel in a vehicle using human decision-making to operate the vehicle. |
| Bill History: |
02-08-23 H Filed
|
|
HJR 107
|
Price, Four(R) |
Proposing a constitutional amendment to increase the mandatory age of retirement for state justices and judges. |
| Companions: |
| SJR 40 |
Hinojosa, Chuy |
(Identical) |
|
2- 7-23 S Filed |
|
| Bill History: |
02-08-23 H Filed
|
|
HJR 110
|
Isaac, Carrie (F)(R) |
Proposing a constitutional amendment specifying the authority of the attorney general to prosecute a criminal offense prescribed by the election laws of this state. |
| Companions: |
| HJR 98 |
Tinderholt, Tony |
(Identical) |
|
2- 3-23 H Filed |
|
| Bill History: |
02-10-23 H Filed
|
| Remarks: |
(AS FILED 11/14/22) Adds Chapter 328, Business & Commerce Code, to prohibit the sale or use of any technology, device, or software in the sale of a good on an Internet website that: (1) functions as a bypass in the purchasing process; (2) disguises the identity of the purchaser; (3) permits the purchase of a quantity of goods exceeding the maximum number that may be sold to one purchaser as specified by the seller or operator on the website; (4) allows for the unauthorized access to or identification of gift card information; or (5) circumvents a security measure, access control system, or other control, authorization, or measure in the purchasing process. Enforcement by the attorney general, who may recover court costs, attorney’s fees, and investigation fees. |
| Bill History: |
11-14-22 S Filed
|
|
SB 67
|
Zaffirini, Judith(D) |
Relating to a database of and the barring from state contracts of certain employers for wage theft. |
| Bill History: |
11-14-22 S Filed
|
| Remarks: |
(AS FILED 11/14/22) Amends § 171.063(c), Health and Safety Code, to extend the period in which a physician may provide an abortion-inducing drug from 49 to 70 days of gestational age. Pre-empts any other law or local ordinance. |
| Bill History: |
11-14-22 S Filed
|
|
SB 79
|
Johnson, Nathan(D) |
Relating to the repeal of certain laws prohibiting abortion and the construction of abortion laws imposing penalties or liability on pregnant individuals. |
| Remarks: |
(AS FILED 11/14/22) Repeals the old criminal abortion statute, Chapter 6 ½, Title 71, Revised Statutes. |
| Bill History: |
11-14-22 S Filed
|
|
SB 81
|
Johnson, Nathan(D) |
Relating to certain statutory changes to reflect and address same-sex marriages and parenting relationships and to the removal of provisions regarding the criminality or unacceptability of homosexual conduct. |
| Remarks: |
(AS FILED 11/14/22) Changes applicable statutes to reflect the legality of same-sex marriage. |
| Bill History: |
11-14-22 S Filed
|
|
SB 82
|
Johnson, Nathan(D) |
Relating to the repeal of statutes regarding the criminality or unacceptability of homosexual conduct and to the recognition of certain same-sex relationship statuses. |
| Companions: |
| HB 970 |
Zwiener, Erin |
(Identical) |
|
12- 9-22 H Filed |
| SB 111 |
Menendez, Jose |
(Identical) |
|
11-14-22 S Filed |
|
| Remarks: |
(AS FILED 11/14/22) Repeals statutes that criminalize or negatively represent homosexual conduct. |
| Bill History: |
11-14-22 S Filed
|
|
SB 97
|
Johnson, Nathan(D) |
Relating to the scope and publication of certain actions by the governor during a state of disaster. |
| Remarks: |
(AS FILED 11/14/22) Requires the governor to limit an emergency order to the specific conditions or requirements of the disaster that is the subject of the order. Requires the governor to publish a weekly list, in chronological order, of all emergency orders issued in the prior seven-day period. |
| Bill History: |
11-14-22 S Filed
|
| Remarks: |
(AS FILED 11/14/22) Provides that if the legislature is in regular or called session during a state of disaster, only the legislature may renew the state of disaster. Bars the governor from declaring a new state of emergency based on the same or a substantially similar finding as a prior state of disaster if the legislature has terminated or not renewed a state of disaster. |
| Bill History: |
11-14-22 S Filed
|
|
SB 99
|
Johnson, Nathan(D) |
Relating to the authority of the governor and the legislature regarding renewal of certain declared states of disaster. |
| Remarks: |
(AS FILED 11/14/22) Requires the governor who determines that a declared state of disaster should be extended beyond 90 days of the date of the disaster if the joint disaster oversight committee holds a public hearing, the legislature in regular or called session approves the renewal by law and states the maximum number of days the renewal can continue, and the governor’s renewal expires not later than the date of expiration determined by the legislature. Provides for the appointment of the oversight committee (four House members, four Senators). Bars the governor from declaring a new state of emergency based on the same or a substantially similar finding as a prior state of disaster if the legislature has terminated or not renewed a state of disaster. |
| Bill History: |
11-14-22 S Filed
|
|
SB 100
|
Johnson, Nathan(D) |
Relating to the governor’s authority during the recovery period following a state of disaster declaration. |
| Remarks: |
(AS FILED 11/14/22) Restricts the governor’s emergency powers to the state of disaster itself (eliminates the extension of power to the recovery period after the disaster). |
| Bill History: |
11-14-22 S Filed
|
| Companions: |
| HB 723 |
Thompson, Senfronia |
(Identical) |
|
11-16-22 H Filed |
|
| Bill History: |
11-14-22 S Filed
|
| Companions: |
| HB 3860 |
Gonzalez, Jessica |
(Refiled from 87R Session) |
| SB 1540 |
Menendez, Jose |
(Refiled from 87R Session) |
| HB 1012 |
Gonzalez, Jessica |
(Identical) |
|
12-14-22 H Filed |
|
| Remarks: |
(AS FILED 11/14/22) Adds Chapter 113, Business & Commerce Code, to prohibit a person from discriminating against any person because of race, color, disability, religion, sex, national origin, age, sexual orientation, or gender identity (or status as a military veteran) to full and equal accommodation in any place of public accommodation in the state. Establishes a complaint procedure at the Texas Workforce Commission. Allows a complainant to file a civil suit if the commission denies a complaint. Authorizes compensatory and punitive damages. Authorizes award of attorney’s fees to a prevailing party other than the commission. Provides trial de novo for a judicial proceeding. Provides for enforcement by the attorney general. Adds discrimination based on sexual orientation, gender identity, and status as a military veteran to unlawful employment practices parts of the Labor Code. |
| Bill History: |
11-14-22 S Filed
|
|
SB 111
|
Menendez, Jose(D) |
Relating to the repeal of statutes regarding the criminality or unacceptability of homosexual conduct and to the recognition of certain same-sex relationship statuses. |
| Companions: |
| HB 970 |
Zwiener, Erin |
(Identical) |
|
12- 9-22 H Filed |
| SB 82 |
Johnson, Nathan |
(Identical) |
|
11-14-22 S Filed |
|
| Remarks: |
(AS FILED 11/14/22) Repeals statutes that criminalize or negatively represent homosexual conduct. |
| Bill History: |
11-14-22 S Filed
|
| Companions: |
| HB 979 |
Howard, Donna |
(Identical) |
|
12-12-22 H Filed |
| HB 2000 |
Johnson, Julie |
(Identical) |
|
2- 7-23 H Filed |
|
| Remarks: |
(AS FILED 11/14/22) Creates an exception to the abortion ban if the pregnancy results from a sexual assault, an aggravated sexual assault, or incest. Repeals the old Texas criminal abortion statute, Title 71, Chapter 6 ½, Vernon’s Statutes. |
| Bill History: |
11-14-22 S Filed
|
| Remarks: |
(AS FILED 11/14/22) Amends § 170A.001(3), Health and Safety Code, to change the definition of “pregnant” to refer to an embryo or fetus in the human body, as opposed to the current “living unborn child” within “the female’s body.” Creates exceptions to the abortion ban for abortions performed, in the physician’s best judgment (as opposed to “reasonable medical judgment”) to preserve the pregnant patient’s life or physical or mental health, at the request of the pregnant patient because of a lethal fetal anomaly or diagnosis, of requested because of a life-limiting diagnosis that indicates the existence of the fetus outside the womb is incompatible with life absent extraordinary medical intervention. Requires that an abortion under these conditions be considered independently by the pregnant patient and physician. Bars a medical review committee from overriding a determination by the patient and physician. |
| Bill History: |
11-14-22 S Filed
|
| Companions: |
| SB 551 |
Campbell, Donna |
(Refiled from 87R Session) |
|
| Remarks: |
(11/14/22) Prohibits a city or county from regulating employment benefits. |
| Bill History: |
11-14-22 S Filed
|
|
SB 131
|
Campbell, Donna(R) |
Relating to who may request a public hearing from the Texas Commission on Environmental Quality related to the construction of a concrete plant. |
| Bill History: |
11-14-22 S Filed
|
|
SB 147
|
Kolkhorst, Lois(R) |
Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities. |
| Remarks: |
(AS FILED 11/14/22) Adds § 5.0051, Property Code, to prohibit China, Russia, Iran, and North Korea and any businesses directly or indirectly owned by their governments or individual citizens of those countries from acquiring title to real property in Texas. |
| Bill History: |
11-14-22 S Filed
|
| Companions: |
| HB 3790 |
Shaheen, Matt |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 11/14/22) Bars a city from regulating commercial activity. Does not apply to a uniquely local concern, local land use, protection of citizens’ physical safety, regulation explicitly authorized by statute, or a measure that requires nondiscrimination in the provision of employment or service to any person on the basis of any state or federally protected class. |
| Bill History: |
11-14-22 S Filed
|
|
SB 155
|
Huffman, Joan(R) |
Relating to benefits for certain members of the Texas military forces and survivors of members of the Texas military forces. |
| Companions: |
| HB 90 |
Patterson, Jared |
(Identical) |
|
11-14-22 H Filed |
|
| Bill History: |
11-14-22 S Filed
|
|
SB 162
|
Perry, Charles(R) |
Relating to the required inclusion of a person’s sex on a birth certificate and prohibited change of sex on the birth certificate of certain minors. |
| Remarks: |
(AS FILED 11/14/22) Requires birth certificates to list the biological sex of the child. |
| Bill History: |
11-14-22 S Filed
|
|
SB 167
|
Springer, Drew(R) |
Relating to a pool for certain individuals with claims against persons excluded from coverage by certain automobile insurance policies. |
| Remarks: |
(AS FILED 11/14/22) Directs the Commissioner of Insurance to establish a pool for paying the deductible incurred by a person with a valid claim against an individual who is excluded from coverage in a named insured policy. Permits TDI to assess insurers to fund the pool. |
| Bill History: |
11-14-22 S Filed
|
| Companions: |
| HB 199 |
Ortega, Lina |
(Refiled from 87R Session) |
| HB 157 |
Ortega, Lina |
(Identical) |
|
11-14-22 H Filed |
|
| Remarks: |
(AS FILED 11/14/22) Authorizes the governing board of a university system to establish a public law school in El Paso. |
| Bill History: |
11-14-22 S Filed
|
| Companions: |
| HB 81 |
Harrison, Brian |
(Identical) |
|
11-14-22 H Filed |
|
| Remarks: |
(AS FILED 11/14/22) Prohibits a person from compelling or coercing an individual lawfully residing in the state into obtaining a COVID-19 vaccination contrary to the individual’s vaccination preference. Requires a health care provider to obtain an informed consent for a COVID vaccine. Prohibits a person from taking an adverse action based on the person’s refusal to obtain a COVID vaccine. Authorizes the attorney general to obtain injunctive relief against a person to prevent a violation of this act. Imposes civil liability against a health care provider of $5,000 and allows recovery of all costs and reasonable attorney’s fees. |
| Bill History: |
11-14-22 S Filed
|
|
SB 179
|
Miles, Borris(D) |
Relating to the consideration of the cumulative effects of air contaminant emissions in the emissions permitting process. |
| Companions: |
| SB 87 |
Miles, Borris |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 11/14/22) Requires TCEQ to consider the effect of cumulative emissions from a facility or proposed facility and from other facilities located less than three miles from the facility or proposed facility. |
| Bill History: |
11-14-22 S Filed
|
|
SB 201
|
Eckhardt, Sarah(D) |
Relating to the assessment of damages resulting from the condemnation of property that is subject to a conservation easement. |
| Remarks: |
(AS FILED 11/14/22) Amends § 21.041, Property Code, to require special commissioners to admit evidence of the market value of the property’s highest and best use without consideration of the property’s conservation easement status. Provides that if the entire tract or parcel that is subject to a conservation easement is condemned, the damage to the property is the market value of the property’s highest and best use without consideration of the easement. Provides that if part of a tract subject to a conservation easement is condemned, the commissioners shall determine damage by estimating the extent of the injury and benefit to the owner based on the property’s highest and best use without the easement status and including the effect of the taking on the owner’s remaining property, based on the remainder’s highest and best use without consideration of the easement. |
| Bill History: |
11-14-22 S Filed
|
|
SB 202
|
Eckhardt, Sarah(D) |
Relating to prohibiting an increase in the rent before the end of a lease term of a tenant residing in a development supported with a low income housing tax credit allocation. |
| Bill History: |
11-14-22 S Filed
|
|
SB 203
|
Eckhardt, Sarah(D) |
Relating to prioritization of a pregnant individual’s health when providing health care treatments. |
| Companions: |
| HB 1490 |
Plesa, Mihaela (F) |
(Identical) |
|
1-20-23 H Filed |
|
| Remarks: |
(AS FILED 11/14/22) Requires a physician or health care practitioner to prioritize the health of a pregnant patient over the health of the fetus when recommending a health care treatment for the patient, regardless of whether the treatment poses a risk of injury or death to the fetus. Provides that the pregnant patient may refuse such treatment and treatment can only be given with the patient’s informed consent. Provides for an administrative penalty against a physician or practitioner for violations. |
| Bill History: |
11-14-22 S Filed
|
|
SB 204
|
Eckhardt, Sarah(D) |
Relating to a prohibition of employment discrimination on the basis of reproductive decisions and certain employment agreements limiting reproductive decisions. |
| Companions: |
| HB 698 |
Rosenthal, Jon |
(Refiled from 87R Session) |
| SB 578 |
Eckhardt, Sarah (F) |
(Refiled from 87R Session) |
| HB 722 |
Rosenthal, Jon |
(Identical) |
|
11-16-22 H Filed |
|
| Remarks: |
(AS FILED 11/14/22) Amends Chapter 21, Labor Code, to prohibit employment discrimination against a person on the basis of the person’s marital status, the use of assisted reproduction to become pregnant, the use of contraception or a specific form of contraception, or the obtainment or use of any other health care drug, device, or service relating to reproductive health. Includes discrimination against the employee, the employee’s spouse or partner, the employee’s dependent, and any other member of the employee’s family or household. Declares void an unenforceable a mandatory arbitration provision that limits the reproductive decisions of an employee, employee’s spouse or partner, employee’s dependent, or any other member of the employee’s family or household. Applies to labor organizations and employment agencies. Adds discrimination based on reproductive decisions everywhere in Chapter 21 that bars discrimination based on race, color, sex, national origin, religion, age, or disability. |
| Bill History: |
11-14-22 S Filed
|
| Companions: |
| HB 549 |
Swanson, Valoree |
(Identical) |
|
11-14-22 H Filed |
|
| Bill History: |
11-14-22 S Filed
|
| Remarks: |
(AS FILED 11/14/22) Repeals the old criminal abortion statute, Chapter 6 ½, Title 71, Revised Statutes. |
| Bill History: |
11-14-22 S Filed
|
|
SB 230
|
Hinojosa, Chuy(D) |
Relating to the recusal from a vote of a member of the board of directors or a subcommittee of the board of the Texas Windstorm Insurance Association based on the member’s financial interest. |
| Remarks: |
(AS FILED 11/15/22) Requires a member of the board of directors or a subcommittee of the board of TWIA to recuse himself or herself from a vote on a matter, if the member is employed by an entity that may benefit from the outcome of the vote or holds a financial or personal interest in an entity that may financially benefit from the outcome of the vote. |
| Bill History: |
11-15-22 S Filed
|
| Companions: |
| HB 112 |
Howard, Donna |
(Identical) |
|
11-14-22 H Filed |
|
| Bill History: |
11-16-22 S Filed
|
|
SB 242
|
Middleton, Mayes (F)(R) |
Relating to the identification of and prohibited cooperation by state and local entities with certain federal acts that violate the United States Constitution. |
| Remarks: |
(AS FILED 11/17/22) Bars a state agency or political subdivision from cooperating with a federal government agency to implement an agency rule that the attorney general has identified as violating a citizen’s federal constitutional rights. |
| Bill History: |
11-17-22 S Filed
|
|
SB 243
|
Johnson, Nathan(D) |
Relating to the remote participation of certain persons in a proceeding for the issuance or modification of a protective order. |
| Companions: |
| HB 698 |
Neave Criado, Victoria |
(Identical) |
|
11-15-22 H Filed |
|
| Bill History: |
11-21-22 S Filed
|
|
SB 250
|
Hall, Bob(R) |
Relating to the provision of and professional liability insurance coverage for gender transitioning or gender reassignment medical procedures and treatments for certain children. |
| Companions: |
| HB 2693 |
Toth, Steve |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 11/28/22) Prohibits a physician or health care provider from providing care for the purpose of transitioning a child’s biological sex. Prohibits a professional liability insurance policy issued to a physician or health care provider from covering damages arising from the provision of such care. Makes the provision of such care a prohibited practice under § 164.052, Occupations Code. |
| Bill History: |
11-28-22 S Filed
|
| Companions: |
| HB 2359 |
Reynolds, Ron |
(Refiled from 87R Session) |
| HB 4556 |
Anchia, Rafael |
(Refiled from 87R Session) |
| SB 243 |
Eckhardt, Sarah (F) |
(Refiled from 87R Session) |
|
| Bill History: |
12-01-22 S Filed
|
|
SB 265
|
Perry, Charles(R) |
Relating to required reports of certain vaccine-related or drug-related injuries and adverse events. |
| Bill History: |
12-06-22 S Filed
|
|
SB 274
|
Blanco, Cesar(D) |
Relating to the prohibition of certain discrimination based on sexual orientation or gender identity or expression. |
| Companions: |
| SB 1309 |
Blanco, Cesar (F) |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 12/8/22) Adds Chapter 100B, Civil Practice & Remedies Code, to prohibit discrimination in public accommodations against a person because of sexual orientation or gender identity. Creates a cause of action for actual and punitive damages, attorney’s fees, court costs, and equitable relief. Also applies to a contractor or subcontractor that contracts with the state. Amends Chapter 21, Labor Code, to make it an unlawful employment practice to discriminate against a person because of sexual orientation or gender identity. Amends Chapter 301, Property Code, to prohibit a person from discriminating against a person because of sexual orientation or gender identity in the sale or rental of property. |
| Bill History: |
12-08-22 S Filed
|
|
SB 277
|
Huffman, Joan(R) |
Relating to the service credit used in calculating longevity pay for certain judges and prosecutors. |
| Bill History: |
12-08-22 S Filed
|
|
SB 283
|
Eckhardt, Sarah(D) |
Relating to required provision of workers’ compensation insurance coverage for employees of building and construction contractors and subcontractors. |
| Companions: |
| HB 776 |
Walle, Armando |
(Refiled from 87R Session) |
| SB 305 |
Eckhardt, Sarah (F) |
(Refiled from 87R Session) |
| HB 778 |
Walle, Armando |
(Identical) |
|
11-21-22 H Filed |
|
| Remarks: |
(AS FILED 12/14/22) Requires contractors and subcontractors to provide workers’ compensation insurance for their employees. |
| Bill History: |
12-14-22 S Filed
|
|
SB 291
|
Johnson, Nathan(D) |
Relating to the applicability of certain laws to assistance provided to an individual in obtaining an abortion outside of this state. |
| Remarks: |
(AS FILED 12/16/22) Amends § 170A.002, Health and Safety Code, to provide that direct or indirect assistance provided to an individual for traveling outside the state to obtain an abortion does not constitute a prohibited abortion. Amends § 171. 208, Health and Safety Code, to grant immunity from a suit to a person who provides or intends to provide direct or indirect assistance to an individual for traveling outside the state to obtain an abortion. |
| Bill History: |
12-16-22 S Filed
|
|
SB 297
|
Hall, Bob(R) |
Relating to hospital patients’ rights and hospital policies and procedures. |
| Remarks: |
(AS FILED 12/19/22) Requires hospitals to adopt and enforce a “patient’s bill of rights” with enumerated responsibilities and duties. Authorizes HHSC to assess an administrative penalty of $1,000 for each violation and allows the attorney general to sue to collect the penalty. Establishes multiple bases for civil liability against hospitals and associated health care providers. |
| Bill History: |
12-19-22 S Filed
|
|
SB 298
|
Hall, Bob(R) |
Relating to informed consent to immunizations for children and civil liability for failure to obtain the consent. |
| Remarks: |
(AS FILED 12/19/22) Creates a private right of action against a health care provider for failing to obtain an informed consent before immunizing a child. Allows recovery of attorney’s fees, court costs, investigation costs, witness fees, and deposition expenses. Provides that the cap on punitive damages does not apply to the action. |
| Bill History: |
12-19-22 S Filed
|
|
SB 299
|
Hall, Bob(R) |
Relating to health care services provided at a hospital by a physician who is not a member of the hospital’s medical staff and the hospital’s liability for health care services provided by such a physician. |
| Remarks: |
(AS FILED 12/19/22) Requires a hospital to allow a physician who is not a member of the hospital’s medical staff to provide care or treatment to a patient at the hospital at the patient’s request. Provides that a hospital is not liable for damages resulting from treatment provided by a non-staff physician. Does not provide immunity for other hospital providers acting under the direction of a non-staff physician. |
| Bill History: |
12-19-22 S Filed
|
| Remarks: |
(AS FILED 12/19/22) Allows a pharmacist to refuse to dispense an abortion-inducing drug or a Schedule II-V controlled substance. |
| Bill History: |
12-19-22 S Filed
|
|
SB 301
|
Hall, Bob(R) |
Relating to prescribing, dispensing, administering, or otherwise providing ivermectin or hydroxychloroquine sulfate. |
| Remarks: |
(AS FILED 12/19/22) Prohibits a health care licensing agency from taking adverse action against a health care provider or pharmacist that prescribes, dispenses, administers, or otherwise provides ivermectin or hydroxychloroquine to a patient. Prohibits a pharmacist from contacting a provider to dispute the efficacy of those drugs. Provides immunity to providers for negligence. |
| Bill History: |
12-19-22 S Filed
|
|
SB 302
|
Hall, Bob(R) |
Relating to employer civil liability for a vaccine requirement imposed on the employer’s employees. |
| Remarks: |
(AS FILED 12/19/22) Creates a private cause of action by an employee or the employee’s legal representative against an employer for damages arising from adverse health events resulting from the employer’s vaccine requirement for employees. Allows recovery of attorney’s fees and costs. Provides that the exclusive remedy of workers’ compensation does not apply to the action. |
| Bill History: |
12-19-22 S Filed
|
|
SB 303
|
Hall, Bob(R) |
Relating to discrimination by a provider participating in Medicaid or the child health plan program against an individual based on immunization status. |
| Remarks: |
(AS FILED 12/19/22) Prohibits a health care provider who participates in Medicaid or CHIP from refusing services to an individual based on failure to obtain a vaccination for a particular infectious or communicable disease. Requires the commission to disenroll a provider who does so. |
| Bill History: |
12-19-22 S Filed
|
|
SB 304
|
Hall, Bob(R) |
Relating to prohibited immunization status discrimination and vaccine mandates. |
| Remarks: |
(AS FILED 12/19/22) Prohibits a person from discriminating against or refusing to provide a public accommodation based on the person’s vaccination history or immunity status for a communicable disease. Enforceable by the attorney general in a suit for equitable relief. Prohibits such discrimination by a long-term care facility, health care provider, health care facility. Punishes violations by defunding, disciplinary action, and administrative penalties. Prohibits a health benefit plan from discriminating against an individual based on vaccination status. Prohibits a health benefit plan from using an individual’s vaccination status in rating. Prohibits a health benefit pl an from discriminating against a provider based on the vaccination status of the provider’s patients. Prohibits an employer from discriminating against an individual based on vaccination status. Prohibits a licensing agency from discriminating against a licenseholder or applicant based on vaccination status. Prohibits an educational institution, hospital, or health care facility from requiring as a condition of employment to be vaccinated or to participate in vaccine administration. Creates a private right of action for equitable relief, reinstatement, back pay, and interest. Prohibits TXDOT from discriminating against a driver’s license applicant based on vaccination status. Abolishes vaccination requirements for schools and institutions of higher education. Eliminates emergency authorization for a physician to administer a vaccination. Bars disciplinary action against child care providers or foster parents for declining to immunize a child. Bars the state or a local government from requiring vaccines. Bars a health care provider from disclosing a person’s vaccination history. Abolishes all child vaccine requirements. |
| Bill History: |
12-19-22 S Filed
|
|
SB 305
|
Hall, Bob(R) |
Relating to vaccine administration requirements and protection of immunization exemptions for health reasons. |
| Remarks: |
(AS FILED 12/19/22) Imposing new reporting requirements on a person who administers a vaccine. Subjects a person who violates the reporting requirements to disciplinary action by the appropriate licensing agency. Creates a no-injury cause of action for injunctive relief with recovery of attorney’s fees and costs. Requires a school, institution of higher education, child care facility, state public health official, medical service, long-term care provider, and employer to accept a health exemption from a vaccine requirement without question. Provides for disciplinary action against a license holder and a no-injury cause of action for injunctive relief with recovery of attorney’s fees and costs. |
| Bill History: |
12-19-22 S Filed
|
|
SB 307
|
Hall, Bob(R) |
Relating to the enforcement within this state of certain federal laws for federally declared public health emergencies. |
| Remarks: |
(AS FILED 12/19/22) Prohibits the state or a local government from enforcing or providing assistance to a federal official or agency with respect to enforcing federal law responding to a federally declared public health emergency and imposing a prohibition, restriction, or other regulation that does not exist under Texas law. Cuts state money to a political subdivision that enforces a federal law. Provides a complaint procedure and enforcement by the attorney general with cost and attorney’s fee recovery. |
| Bill History: |
12-19-22 S Filed
|
|
SB 308
|
Hall, Bob(R) |
Relating to prohibited vaccination status discrimination and requirements for COVID-19 vaccines. |
| Remarks: |
(AS FILED 12/19/22) Prohibits a person from discriminating against or refusing to provide a public accommodation based on the person’s COVID-19 vaccination history or immunity status for a communicable disease. Enforceable by the attorney general in a suit for equitable relief. Prohibits such discrimination by a long-term care facility, health care provider, health care facility. Punishes violations by defunding, disciplinary action, and administrative penalties. Prohibits a health benefit plan from discriminating against an individual based on COVID vaccination status. Prohibits a health benefit plan from using an individual’s vaccination status in rating. Prohibits a health benefit plan from discriminating against a provider based on the COVID vaccination status of the provider’s patients. Prohibits an employer from discriminating against an individual based on COVID vaccination status. Prohibits a licensing agency from discriminating against a licenseholder or applicant based on COVID vaccination status. Prohibits an educational institution, hospital, or health care facility from requiring as a condition of employment to be vaccinated for COVID or to participate in vaccine administration. Creates a private right of action for equitable relief, reinstatement, back pay, and interest. Prohibits TXDOT from discriminating against a driver’s license applicant based on COVID vaccination status. Abolishes vaccination requirements for schools and institutions of higher education. Eliminates emergency authorization for a physician to administer a COVID vaccination. Bars disciplinary action against child care providers or foster parents for declining to immunize a child for COVID. Bars the state or a local government from requiring COVID vaccines. Bars a health care provider from disclosing a person’s COVID vaccination history. |
| Bill History: |
12-19-22 S Filed
|
|
SB 309
|
Hall, Bob(R) |
Relating to COVID-19 prevention and treatment information provided to individuals receiving a COVID-19 viral test. |
| Remarks: |
(AS FILED 12/19/22) Requires a health care provider who performs a viral COVID-19 test on an individual to, at the time of the test, provided a printed or electronic copy of a brochure published by the State Department of Health Services. |
| Bill History: |
12-19-22 S Filed
|
|
SB 310
|
Hall, Bob(R) |
Relating to limitations on public health directives issued during a state of disaster or outbreak of a communicable disease. |
| Companions: |
| HB 4197 |
Slaton, Bryan (F) |
(Refiled from 87R Session) |
| SB 1673 |
Hall, Bob |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 12/19/22) Prohibits the governor or state agency from issuing a health directive in a declared public health emergency that is more stringent than public health directives for undocumented immigrants. |
| Bill History: |
12-19-22 S Filed
|
| Remarks: |
(AS FILED 12/19/22) Establishes a committee of six House members and six senators to review federal government action to determine whether the action is unconstitutional. Requires the committee to report a determination that an action is unconstitutional to the legislature. Requires the legislature to vote on the determination and, upon approval by a majority of each house, send the determination to the governor for approval or disapproval. Provides that if the governor approves, the action is deemed unconstitutional and the secretary of state must notify Congress. Bars implementation or enforcement of an unconstitutional action. Gives the attorney general prosecution authority. Grants original jurisdiction to any state court to determine in a declaratory judgment action whether a federal action is unconstitutional. |
| Bill History: |
12-19-22 S Filed
|
|
SB 314
|
Hall, Bob(R) |
Relating to required labeling of certain products that contain or are derived from aborted human fetal tissue. |
| Remarks: |
(AS FILED 12/19/22) Prohibits a person from selling a fetal tissue food product, medical product, or cosmetic product (including a product “derived from research using fetal human tissue”) without a clear and conspicuous label prescribed by HHSC. |
| Bill History: |
12-19-22 S Filed
|
|
SB 372
|
Huffman, Joan(R) |
Relating to creating a criminal offense for the unauthorized disclosure of non-public judicial opinions and judicial work product. |
| Companions: |
| HB 1741 |
Leach, Jeff |
(Identical) |
|
1-26-23 H Filed |
|
| Bill History: |
01-10-23 S Filed
|
|
SB 373
|
Huffman, Joan(R) |
Relating to creation of an additional county court at law in Waller County and the redesignation of the County Court at Law of Waller County as County Court at Law No. 1 of Waller County. |
| Bill History: |
01-10-23 S Filed
|
|
SB 378
|
Parker, Tan (F)(R) |
Relating to the enforcement of criminal offenses by district attorneys, criminal district attorneys, and county attorneys. |
| Companions: |
| HB 1350 |
Cook, David |
(Identical) |
|
1-17-23 H Filed |
|
| Remarks: |
(AS FILED 1/10/23) Imposes a civil penalty on district and county attorneys who, either by formal policy or pattern or practice, prohibit or materially limit the enforcement of a criminal offense. Gives the attorney general enforcement authority and recovery of costs and attorney’s fees. |
| Bill History: |
01-10-23 S Filed
|
| Bill History: |
01-11-23 S Filed
|
|
SB 390
|
Hall, Bob(R) |
Relating to the repeal of the authority to exclude certain students without certain required immunizations from attending public school in times of emergency or epidemic. |
| Remarks: |
Repeals mandatory immunizations for schools. |
| Bill History: |
01-12-23 S Filed
|
|
SB 392
|
Hall, Bob(R) |
Relating to transparency in certain legal proceedings and contracts involving a school district and a limit on legal fees that may be spent by a school district in certain legal proceedings. |
| Bill History: |
01-12-23 S Filed
|
|
SB 393
|
Hall, Bob(R) |
Relating to parental rights in public education and prohibiting instruction regarding sexual orientation or gender identity for public school students. |
| Remarks: |
Creates a cause of action for damages, costs, and attorney’s fees by a parent against a school district if the district’s grievance procedure fails to resolve an issue. |
| Bill History: |
01-12-23 S Filed
|
|
SB 401
|
Kolkhorst, Lois(R) |
Relating to prices charged by medical staffing services angency during a declared state of disaster. |
| Remarks: |
Prohibits price gouging by medical staffing services during a declared state of emergency. Imposes civil penalties for violations recoverable in an action brought by the attorney general. Authorizes recovery of attorney’s fees, costs, and expenses. |
| Bill History: |
01-12-23 S Filed
|
|
SB 403
|
Springer, Drew(R) |
Relating to a study on the side effects, adverse reactions, including death, and the effectiveness of vaccines against the SARS-CoV-2 virus (COVID-19) or its variants. |
| Companions: |
| HB 1313 |
Burrows, Dustin |
(Identical) |
|
1-12-23 H Filed |
|
| Remarks: |
Requires the Health and Human Services Commission to conduct a study of adverse effects of COVID vaccines and report to the Governor and Legislature on January 1, 2024. |
| Bill History: |
01-12-23 S Filed
|
| Companions: |
| HB 1936 |
Lozano, Jose |
(Identical) |
|
2- 6-23 H Filed |
|
| Bill History: |
01-12-23 S Filed
|
|
SB 439
|
Menendez, Jose(D) |
Relating to unprofessional conduct by mental health providers who attempt to change the sexual orientation of a child. |
| Companions: |
| HB 407 |
Hernandez, Ana |
(Refiled from 87R Session) |
| HB 560 |
Israel, Celia |
(Refiled from 87R Session) |
| HB 1679 |
Hernandez, Ana |
(Identical) |
|
1-26-23 H Filed |
|
| Remarks: |
(AS FILED 1/12/23) Bars a mental health professional, in the course of providing services to a child, from attempting to change the child’s sexual orientation or gender expression or identity or to reduce the child’s attraction to a member of the same sex. |
| Bill History: |
01-12-23 S Filed
|
|
SB 452
|
Menendez, Jose(D) |
Relating to step therapy protocols required by health benefit plans for coverage of prescription drugs for serious mental illnesses. |
| Companions: |
| HB 1337 |
Hull, Lacey |
(Identical) |
|
1-13-23 H Filed |
|
| Bill History: |
01-12-23 S Filed
|
|
SB 470
|
Springer, Drew(R) |
Relating to the enforcement of certain federal laws regulating oil and gas operations within the State of Texas. |
| Companions: |
| HB 33 |
Landgraf, Brooks |
(Identical) |
|
11-14-22 H Filed |
|
| Remarks: |
(AS FILED 1/13/23) Bars a state agency or employee from contracting with or assisting a federal agency or official in the enforcement of a federal statute or regulation pertaining to oil and gas operations. Gives the attorney general enforcement authority. |
| Bill History: |
01-13-23 S Filed
|
|
SB 474
|
Springer, Drew(R) |
Relating to the minimum motor vehicle liability insurance coverage requirement for damage to or destruction of property of others. |
| Companions: |
| HB 1716 |
Guillen, Ryan |
(Identical) |
|
1-26-23 H Filed |
|
| Remarks: |
(AS FILED 1/17/23) Raises the minimum auto liability coverage for damage to or destruction of property of others from $25,000 to $50,000, effective January 1, 2024. |
| Bill History: |
01-17-23 S Filed
|
| Companions: |
| HB 643 |
Patterson, Jared |
(Identical) |
|
11-14-22 H Filed |
| HB 708 |
Shaheen, Matt |
(Identical) |
|
11-15-22 H Filed |
| HB 1266 |
Schatzline, Nate (F) |
(Identical) |
|
1-11-23 H Filed |
|
| Remarks: |
(AS FILED 1/17/23) Defines a “drag performance” as “a performance in which a performer exhibits a gender identity that is different than the performer’s gender assigned at birth using clothing, makeup, or other physical markers and sings, lip syncs, dances, or otherwise performs before an audience.” Deems businesses that show a drag performance as sexually-oriented businesses for purpose of local regulation. |
| Bill History: |
01-17-23 S Filed
|
|
SB 490
|
Hughes, Bryan(R) |
Relating to itemized billing for health care services and supplies provided by health care provider. |
| Companions: |
| HB 1973 |
Harris, Caroline (F) |
(Identical) |
|
2- 7-23 H Filed |
|
| Remarks: |
(AS FILED 1/18/23) Requires a health care provider to provide an itemized billing statement if the provider requests payment from a patient for a health care service or related supply. Prohibits a provider from pursuing debt collection if the provider did not provide the itemized statement. |
| Bill History: |
01-18-23 S Filed
|
|
SB 501
|
Hughes, Bryan(R) |
Relating to a cause of action for the bad faith washout of an overriding royalty interest in an oil and gas lease. |
| Companions: |
| HB 450 |
Craddick, Tom |
(Identical) |
|
11-14-22 H Filed |
|
| Remarks: |
Creates a cause of action for a bad faith of an overriding royalty interest in an oil and gas lease. “Washout” means the elimination or reduction of an overriding interest by the forfeiture or surrender and subsequent reacquisition of an oil and gas lease by the same lessee). The standard for “bad faith” is knowing or intentional conduct. Remedies include actual damages, a constructive trust on the oil and gas lease or mineral estate acquired to accomplish the washout, and costs and attorney’s fees. Two-year statute of limitations running from the time the claimant obtained actual knowledge of the washout. |
| Bill History: |
01-19-23 S Filed
|
|
SB 502
|
Hughes, Bryan(R) |
Relating to the treatment, recycling for beneficial use, or disposal of drill cuttings. |
| Companions: |
| HB 618 |
Darby, Drew |
(Identical) |
|
11-14-22 H Filed |
|
| Remarks: |
(AS FILED 1/19/23) Amends § 123.003, Natural Resources Code, to expand tort immunity for a producer of drill cuttings if: (1) the producer has a legal or contractual right to transfer the drill cuttings to an unaffiliated third-party permit holder in an arm’s length transaction, (2) the method and location of the use or disposal are not prohibited by law, contract, or other written agreement, and (3) the consequence was caused solely by the permit holder. Expands the definition ot permit holder to include a commercial oil and gas waste disposal facility. |
| Bill History: |
01-19-23 S Filed
|
|
SB 506
|
Perry, Charles(R) |
Relating to a limitation on the authority of state agencies to adopt rules that require persons to pay certain fees or taxes. |
| Remarks: |
(AS FILED 1/19/23) Adds § 2001.008, Government Code, to bar a state agency from adopting a rule that imposes a fee or a tax on items, services, privilege, or transaction without explicit authority granted by the legislature. |
| Bill History: |
01-19-23 S Filed
|
|
SB 511
|
Hall, Bob(R) |
Relating to prohibiting the disbursement of certain economic and tax incentives to entities that assist, refer, or otherwise encourage a woman to obtain an abortion. |
| Remarks: |
(AS FILED 1/20/23) Bars all economic and tax incentive programs authorized by the state from providing a grant or incentive to an entity that assists, refers, or otherwise encourages a woman to obtain an abortion. |
| Bill History: |
01-20-23 S Filed
|
|
SB 513
|
Hall, Bob(R) |
Relating to the verification of the accuracy of an application for a license to practice medicine in this state. |
| Remarks: |
Holds the executive director of the Texas Medical Board civilly liable to a claimant, including a decedent’s estate, allegedly injured by a physician for failing to verify that the physician was eligible for a license, provided that the alleged conduct constitutes grounds for a health care liability claim under Chapter 74, CPRC, and involved the same type of conduct for which the physician was ineligible for the license. Requires the executive director to have committed gross negligence or intentional misconduct in failing to verify and that the physician was issued the license as a result of the failure to verify. Requires the executive director to review the National Practitioner Data Bank or Healthcare Integrity and Protection Data Bank and information from other state medical licensing agencies before verifying the accuracy of the information in the application. |
| Bill History: |
01-20-23 S Filed
|
|
SB 514
|
Hall, Bob(R) |
Relating to investigations and disciplinary action by the Texas Medical Board regarding certain treatments or practices during the COVID-19 pandemic. |
| Bill History: |
01-20-23 S Filed
|
|
SB 520
|
West, Royce(D) |
Relating to the confidentiality of and discovery procedures relating to certain material regarding the protection or security of a witness; creating a criminal offense. |
| Companions: |
| HB 1814 |
Gonzalez, Jessica |
(Refiled from 87R Session) |
| SB 508 |
West, Royce |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 1/20/23) Adds § 30.0065, CPRC, to bar a party in a civil case from producing or releasing material (1) received, made, or kept by an agency or program with the primary purpose of protecting, securing, or relocating witnesses, or (2) in the possession of the state and relating to the protecting, securing, or relocating a witness by an agency or program. Requires the trial court to place any material reviewed in camera under seal of the court to preserve the material for appellate review. Given a prosecutor or other attorney representing an agency or program standing in any civil action to oppose the disclosure of such information. Creates a Class A misdemeanor for unlawful disclosure of the material. |
| Bill History: |
01-20-23 S Filed
|
|
SB 541
|
Campbell, Donna(R) |
Relating to the barring of certain vendors from participation in certain contracts with the state or a political subdivision. |
| Bill History: |
01-20-23 S Filed
|
|
SB 552
|
Campbell, Donna(R) |
Relating to prohibiting contracts or other agreements with certain foreign-owned companies in connection with agricultural land. |
| Remarks: |
(AS FILED 1/23/23) Bars a person from entering into an agreement related to agricultural land with a citizen of China, North Korea, Iran, Russia or other country designated by the governor. |
| Bill History: |
01-23-23 S Filed
|
|
SB 554
|
Hughes, Bryan(R) |
Relating to an appraisal procedure for disputed losses under personal automobile insurance policies. |
| Companions: |
| HB 2534 |
Clardy, Travis |
(Refiled from 87R Session) |
| SB 1706 |
Blanco, Cesar (F) |
(Refiled from 87R Session) |
| HB 1437 |
Clardy, Travis |
(Identical) |
|
1-18-23 H Filed |
|
| Bill History: |
01-23-23 S Filed
|
| Remarks: |
(AS FILED 1/23/23) Requires a person who owns 50 or more licensed pharmacies to ensure that each location is open to the public for at least six hours on a weekend, exluding a weekend including a federal holiday. Imposes administrative penalties for violations. |
| Bill History: |
01-23-23 S Filed
|
|
SB 559
|
Hughes, Bryan(R) |
Relating to discrimination against or burdening certain constitutional rights of an applicant for or holder of a license to practice law in this state. |
| Remarks: |
(AS FILED 1/23/23) Creates a cause of action for injunctive relief against the State Bar of Texas for adopting a rule or imposing a penalty in violation of a licensee’s or applicant’s free exercise of religion, political or ideological views, social views, or other expressive speech. |
| Bill History: |
01-23-23 S Filed
|
| Companions: |
| SB 14 |
Creighton, Brandon |
(Refiled from 87R Session) |
| HB 121 |
Vasut, Cody |
(Identical) |
|
11-14-22 H Filed |
|
| Remarks: |
(AS FILED 11/14/22) Prohibits a city or county from adopting or enforcing an ordinance or other rule or policy that exceed or conflict with federal or state law relating to employment issues, including leave, hiring practices, benefits, scheduling practices, or other terms of employment. |
| Bill History: |
01-23-23 S Filed
|
|
SB 570
|
West, Royce(D) |
Relating to the prohibition of housing discrimination on the basis of a person’s source of income and to the enforcement of that prohibition. |
| Companions: |
| HB 1470 |
Rodriguez, Eddie |
(Refiled from 87R Session) |
| SB 265 |
West, Royce |
(Refiled from 87R Session) |
|
| Remarks: |
(AS FILED 1/24/23) Prohibits housing discrimination based on source of income. |
| Bill History: |
01-24-23 S Filed
|
| Bill History: |
01-24-23 S Filed
|
|
SB 603
|
Hughes, Bryan(R) |
Relating to the repeal of the authority of political subdivisions to adopt or enforce juvenile curfews. |
| Companions: |
| HB 561 |
Israel, Celia |
(Refiled from 87R Session) |
| HB 1819 |
Cook, David |
(Identical) |
|
2- 3-23 H Filed |
|
| Bill History: |
01-25-23 S Filed
|
| Companions: |
| HB 1915 |
Hefner, Cole |
(Identical) |
|
2- 3-23 H Filed |
|
| Bill History: |
01-25-23 S Filed
|
| Companions: |
| HB 1100 |
Johnson, Julie |
(Identical) |
|
12-22-22 H Filed |
|
| Remarks: |
(AS FILED 1/26/23) Requires a senior living facility to conduct criminal background checks on employees and to require contractors to conduct background checks on their employees who will have access to the facility. Requires the facility to report all criminal activity to law enforcement. Prohibits the facility from preventing or inhibiting a resident from communicating with law enforcement, family member, social worker, or other interested person regarding the safety or security of the facility. Prohibits the facility from preventing a law enforcement officer from entering a common area of the facility to conduct a voluntary interview with a resident as part of an investigation of criminal activity at the facility. Prohibits a lease, rental, or purchase agreement with a resident from waiving liability, requiring arbitration, or controlling the content or execution of the resident’s advance directive or testamentary documents. Imposes civil liability for damages to a resident for violations or failure to implement a safety policy or procedure and exempts actions from Chapter 74, CPRC. |
| Bill History: |
01-26-23 S Filed
|
|
SB 620
|
Campbell, Donna(R) |
Relating to prohiting the investment of state funds in certain companies doing business with significant foreign narcotics traffickers. |
| Remarks: |
(AS FILED 1/26/23) Prohibits state investment in entities that engage in scrutinized business operations with a designated significant foreign narcotics trafficker, defined as having a contract with or providing supplies to a trafficker, owning an equity share in a trafficker, being involved in a consortium or project commissioned by a trafficker, or do business with a company involved in such a consortium or project. Requires the comptroller to maintain a list of designated significant foreign narcotics traffickers and other related persons designated by the president or secretary of the treasury. |
| Bill History: |
01-26-23 S Filed
|
| Companions: |
| HB 1754 |
Smithee, John |
(Identical) |
|
1-26-23 H Filed |
|
| Remarks: |
(AS FILED 1/26/23) Requires a health benefit plan issuer that covers prescription drugs and uses a drug formulary to disclose the formulary and up-to-date cost sharing information (as well as other information) to the enrollee or the enrollee’s prescribing provider upon request. Prohibits the issuer from delaying a response to a request, restricting communication between the provider and patient about the cash price of the drug, or interfere with or discourage access to the information (i.e., charging a fee or penalizing a provider for requesting the information.) |
| Bill History: |
01-26-23 S Filed
|
|
SB 625
|
Campbell, Donna(R) |
Relating to prohibitions on the provision to certain children of procedures and treatments for gender transitioning, gender reassignment, or gender dysphoria. |
| Companions: |
| HB 1686 |
Oliverson, Tom |
(Identical) |
|
1-26-23 H Filed |
|
| Remarks: |
(AS FILED 1/26/23) Prohibits a health plan from covering and a physician from performing a gender transitioning or gender reassignment treatment on a child. Enforcement by the attorney general and license revocation by the Texas Medical Board. |
| Bill History: |
01-26-23 S Filed
|
|
SB 626
|
Hall, Bob(R) |
Relating to the affidavit form provided by the Department of State Health Services for certain immunization exemptions. |
| Remarks: |
(AS FILED 1/26/23) Prohibits universities, schools, and day care centers from denying admission to a person if the person presents documentation that he or she has applied to the DHS for a vaccine exemption. |
| Bill History: |
01-26-23 S Filed
|
|
SB 634
|
Menendez, Jose(D) |
Relating to prior authorization for prescription drug benefits related to the treatment of chronic and autoimmune diseases. |
| Remarks: |
(AS FILED 1/26/23) Prohibits a health plan from requiring prior authorization of a prescription drug benefit or a prescription drug prescribed to treat a chronic or autoimmune disease. |
| Bill History: |
01-26-23 S Filed
|
|
SB 666
|
Hall, Bob(R) |
Relating to complaint information and disciplinary procedures of the Texas Medical Board. |
| Bill History: |
01-30-23 S Filed
|
|
SB 676
|
Johnson, Nathan(D) |
Relating to conditions applicable to health benefit plan coverage of in vitro fertilization procedures. |
| Companions: |
| HB 2310 |
Gonzalez, Jessica |
(Refiled from 87R Session) |
| HB 838 |
Gonzalez, Jessica |
(Identical) |
|
12- 1-22 H Filed |
|
| Bill History: |
02-03-23 S Filed
|
|
SB 680
|
Johnson, Nathan(D) |
Relating to the disclosure of certain contracting information under the public information law. |
| Bill History: |
02-03-23 S Filed
|
|
SB 690
|
Middleton, Mayes (F)(R) |
Relating to the appointment of an inspector general for education and the creation of a division of inspector general for education in the governor’s office to investigate the administration of public education. |
| Bill History: |
02-03-23 S Filed
|
|
SB 694
|
Hughes, Bryan(R) |
Relating to liability of a religious organization or an employee or volunteer of a religious organization for security services provided to the organization. |
| Bill History: |
02-03-23 S Filed
|
|
SB 700
|
Eckhardt, Sarah(D) |
Relating to the implementation by public schools of certain communicable disease public health orders issued by a health authority. |
| Bill History: |
02-03-23 S Filed
|
|
SB 704
|
Paxton, Angela(R) |
Relating to the capture and use of an individual’s biometric identifiers, specimen, or genetic information by a governmental body or peace officer or by a person for commercial purposes. |
| Bill History: |
02-03-23 S Filed
|
|
SB 711
|
Perry, Charles(R) |
Relating to the purchase of or other acquistion of title to real property by prohibited foreign actors. |
| Bill History: |
02-06-23 S Filed
|
|
SB 714
|
Hall, Bob(R) |
Relating to civil liability of a business in connection with prohibiting concealed handguns on the business premises. |
| Bill History: |
02-06-23 S Filed
|
|
SB 716
|
Alvarado, Carol(D) |
Relating to the definition of post-traumatic stress disorder under the workers’ compensation system. |
| Bill History: |
02-06-23 S Filed
|
|
SB 724
|
Lamantia, Morgan (F)(D) |
Relating to the reimbursement and payment of claims by certain health benefit plan issuers for telemedicine medical services, teledentistry dental services, and telehealth services. |
| Companions: |
| HB 1726 |
Hernandez, Ana |
(Identical) |
|
1-26-23 H Filed |
|
| Bill History: |
02-06-23 S Filed
|
|
SB 751
|
Flores, Pete(R) |
Relating to elimination of limitations periods for suits for personal injury arising from certain offenses against a child. |
| Companions: |
| HB 206 |
Johnson, Ann |
(Identical) |
|
11-14-22 H Filed |
|
| Bill History: |
02-07-23 S Filed
|
|
SB 784
|
Birdwell, Brian(R) |
Relating to the exclusive jurisdiction of the state to regulate greenhouse gas emissions in this state and the express preemption of local regulation of those emissions. |
| Bill History: |
02-08-23 S Filed
|
| Bill History: |
02-09-23 S Filed
|
|
SB 799
|
Springer, Drew(R) |
Relating to benefits for certain first respoders and other employeesrelated to illness and injury. |
| Bill History: |
02-09-23 S Filed
|
| Bill History: |
02-09-23 S Filed
|
|
SB 803
|
Hughes, Bryan(R) |
Relating to the award of compensatory damages caused by certain delays under governmental construction contracts. |
| Bill History: |
02-09-23 S Filed
|
| Companions: |
| HB 2651 |
Gonzalez, Jessica |
(Refiled from 87R Session) |
| HB 916 |
Ordaz Perez, Claudia (F) |
(Identical) |
|
12- 8-22 H Filed |
|
| Bill History: |
02-09-23 S Filed
|
| Companions: |
| HB 2127 |
Burrows, Dustin |
(Identical) |
|
2- 9-23 H Filed |
|
| Bill History: |
02-09-23 S Filed
|
|
SB 815
|
Springer, Drew(R) |
Relating to limitation of certain liability of owners, lessees, and occupants of land in connection with livestock and agricultural land. |
| Bill History: |
02-09-23 S Filed
|
|
SB 826
|
Hughes, Bryan(R) |
Relating to notice regarding a parent’s access to the health records of certain children. |
| Bill History: |
02-10-23 S Filed
|
|
SB 831
|
Flores, Pete(R) |
Relating to inservice training on identifying abuse, neglect, and illegal, unprofessional, and unethical conduct in certain health care facilities. |
| Companions: |
| HB 233 |
Murr, Andrew |
(Identical) |
|
11-14-22 H Filed |
|
| Bill History: |
02-10-23 S Filed
|
| Companions: |
| HB 1239 |
Oliverson, Tom |
(Identical) |
|
1- 9-23 H Filed |
|
| Bill History: |
02-10-23 S Filed
|
|
SJR 15
|
Johnson, Nathan(D) |
Proposing a constitutional amendment to repeal the constitutional provision providing that marriage in this state consists only of the union of one man and one woman. |
| Companions: |
| HJR 58 |
Beckley, Michelle |
(Refiled from 87R Session) |
| HJR 61 |
Johnson, Julie |
(Identical) |
|
12- 9-22 H Filed |
|
| Remarks: |
(AS FILED 11/14/22) Repeals Art. I, § 32, Texas Constitution, which provides that marriage consists only of the union between one man and one woman. |
| Bill History: |
11-14-22 S Filed
|
|
SJR 21
|
Eckhardt, Sarah(D) |
Proposing a constitutional amendment establishing an individual’s right to personal reproductive autonomy. |
| Companions: |
| HJR 62 |
Goodwin, Vikki |
(Identical) |
|
12- 9-22 H Filed |
|
| Remarks: |
(AS FILED 11/14/22) Proposes an amendment to Art. I, Texas Constitution, to recognize an individual’s reproductive choice. |
| Bill History: |
11-14-22 S Filed
|
|
SJR 23
|
Eckhardt, Sarah(D) |
Proposing a constitutional amendment establishing the right to be free from governmental intrusion or interference into an individual’s private life. |
| Remarks: |
(AS FILED 11/14/22) Proposes an amendment to Art. I, Texas Constitution, to recognize an individual right to be free from governmental intrusion or interference into the individual’s private life. |
| Bill History: |
11-14-22 S Filed
|
|
SJR 25
|
Johnson, Nathan(D) |
Proposing a constitutional amendment to reserve to the people the powers of initiative and referendum. |
| Remarks: |
(AS FILED 12/16/22) Adds §§ 1A, 1B, Texas Constitution, to reserve to the people the powers of initiative and referendum. Requires at least 5% of the total number of voters received by the governor in the most recent gubernatorial election statewide and in each senate district to sign a petition for a statutory change. Requires 6% for a constitutional change. |
| Bill History: |
12-16-22 S Filed
|
|
SJR 40
|
Hinojosa, Chuy(D) |
Proposing a constitutional amendment to increase the mandatory age of retirement for state justices and judges. |
| Companions: |
| HJR 107 |
Price, Four |
(Identical) |
|
2- 8-23 H Filed |
|
| Bill History: |
02-07-23 S Filed
|
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