TCJL Legislative Tracking Report 3-3-23

TCJL Tracked Bill List
Friday, March 3, 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 and actions appear in red. Please note the addition of bill referrals to this week’s report.

TCJL Legislative Priority Bills

Judicial Training & Transparency
HB 2384 by Leach (R-Allen):

• Requires a judicial candidate’s ballot application to include the candidate’s bar number, to disclose any public sanction or censure or disciplinary sanctions in Texas or another state, to state for the previous five-year period the nature of the candidate’s practice, any legal specialization, the candidate’s professional courtroom experience, and any final conviction for a Class A or B misdemeanor in the past 10 years. Further requires candidates for appellate courts to describe appellate court briefs and oral arguments for the past five years.
• Makes public any sanction against a judicial candidate for making a false declaration on the ballot application.
• Directs the Supreme Court to adopt rules on judicial training a judge must complete within one year of election to the bench. Requires the rules to provide a minimum of 30 hours of instruction on the administrative duties of the office and substantive, procedural, and evidentiary law. Requires a further 16 hours of continuing education annually. Requires the Judicial Conduct Commission to suspend a judge who does not complete the training.
• Provides that a judge who is noncompliant with the education requirement for more than one year engages in “wilful or persistent conduct that is clearly inconsistent with the proper performance of a judge’s duties” sufficient to subject the judge to removal from office under Art. V, § 1-a, Texas Constitution.
• Directs the director of Office of Court Administration (OCA) to develop standards for identifying courts that need additional assistance to promote the efficient administration of justice.
• Directs the OCA to include disaggregated performance measures for each appellate, district, statutory county, and county court as part of its annual performance report.
• Directs OCA to report the annual clearance rate for each trial court. Directs local district grievance committees to sanction attorneys that make false declarations on a ballot application.
• Directs the Supreme Court to adopt rules establishing a specialty certification for attorneys in judicial administration and the Texas Board of Legal Specialization to make it available to judges. Provides that a judge who holds a specialty certification in judicial administration may be entitled to additional compensation if the legislature makes an appropriation for that purpose.

HB 2384 is TCJL’s top legislative priority this session. We believe that this legislation has the potential, over time, to do more to improve the administration of justice than any other proposal on this subject. By creating a more robust and uniform standard for judicial training and education, HB 2384 will equally benefit the courts, the litigants, and all Texans who are entitled to the highest level of skill and competence from their judges.

Permissive Appeals
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.

===================

New Causes of Action

HB 18 by Slawson (R-Stephenville): Adds Chapter 509, Business & Commerce Code, to require a digital services provider (a person who owns or operates a website, app, program, or software that performs collection or processing functions with Internet connectivity) to “prevent physical, emotional, and developmental harm to a minor (e.g., self-harm, substance abuse, bullying, sexual exploitation, marketing of illegal products, and predatory, unfair, and deceptive marketing). Prohibits a provider from collecting a minor’s personal identifying information without specific parental consent except under limited circumstances. Requires a provider to set the minor’s digital service to the strongest possible setting to prevent the minor from harm. Requires the provider to give consenting parents tools to monitor and control the minor’s use of the service. Requires the provider to permit parental access to the minor’s personal identifying information. Requires the provider to disclose each advertiser on the service and whether and how it uses algorithms. Bars the provider from limiting or terminating a minor’s service because the minor or minor’s parent withdraws consent. Creates a cause of action by the minor’s parent or guardian against the provider for a violation for equitable relief, actual damages, punitive damages, attorney’s fees, and costs. Provides that a violation constitutes an injury in fact to the minor. Makes a violation a DTPA violation as well. Referred to House Select Committee on Youth Health & Safety on 2/23.

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. Referred to House Public Health on 2/23.

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. Referred to House Judiciary on 2/23. SB 751 referred to Senate State Affairs on 3/1.

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. Referred to House Business and Industry on 2/23.

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. Referred to House Business and Industry on 2/23.

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. Referred to House State Affairs on 2/23.

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. Referred to House Judiciary on 2/23.

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. Referred to House State Affairs on 2/28.

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. Referred to House Judiciary on 2/23. SB 501 referred to Senate Natural Resources/Economic Development on 2/17.

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. Referred to House Business and Industry on 3/1.

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. Referred to House Select Committee on Youth Health & Safety on 3/1.

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.) Referred to House Select Committee on Community Safety on 3/2.

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.” Referred to House State Affairs on 3/2.

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. Referred to House State Affairs on 3/2.

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. Referred to House Human Services on 3/2. SB 611 referred to Senate Health and Human Resources on 2/17.

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 seeks 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 (1^st, 2^nd ,and 3^rd 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. SB 417 referred to Senate State Affairs on 2/15.

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)/SB 1041 by Hughes (R-Mineola): 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. SB 1041 referred to Senate Natural Resources/Economic Development on 3/3.

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.

HB 2252 by Turner (D-Arlington): Establishes the regulation of trampoline courts by the Texas Department of Insurance. Requires annual inspection and a written certification of inspection by the operator’s insurer. Authorizes a city, county, or state law enforcement officer to shut down an operator for failure to produce a certificate of inspection or if the officer reasonably believes the trampoline court is unsafe. Creates a criminal offense.

HB 2254 by Turner (D-Arlington): Amends § 2151.002, Occupations Code, to add to the definition of “amusement ride” a “trampoline court” for purposes of the regulation of and minimum insurance limits for amusement rides.

HB 2266 by Leach (R-Plano): Creates a cause of action by a license holder against a local governmental entity to block enforcement of a local law that regulates the occupation or business activity of the license holder in a manner more stringent than state law or would result in an adverse economic impact on the license holder. Requires the governmental entity to show by clear and convincing evidence that the local law does not conflict with the state law and is necessary and narrowly tailored to protect the public. Provides for injunctive relief and recovery of costs and attorney’s fees.

HB 2298 by Talarico (D-Austin): Entitles an employee to 12 weeks of family or medical leave funded by a fund established for that purpose. Requires employer contributions to the fund. Establishes benefit limits. Provides that the employer commits an unlawful employment practice if the employer makes an adverse employment decision as a result of the employee requesting leave to which the employee is entitled.

HB 2311 by Dutton (D-Houston): Adds Chapter 108A, CPRC, to create a cause of action by a person injured or the estate of a person killed in an event in which five or more people are killed against a state or local peace officer who responded to the event and failed to comply with standard operating procedure established by the officer’s law enforcement agency to quickly end the event. Authorizes recovery of damages, reasonable attorney’s fees, and costs. Provides that the Texas Tort Claims Act does not apply. Provides that a peace officer may not assert official immunity or other forms of immunity as a defense to an action.

HB 2313 by Thompson (D-Houston): Requires a transportation network company to annually provide to each driver human trafficking awareness and prevention training materials approved by the attorney general. Requires the company to maintain records necessary to establish that the company has provided the training.

HB 2316 by Canales (D-Edinburg): Prohibits a local governmental entity from discharging, suspending, or terminating from employment a peace officer, detention officer, county jailer, or firefighter based on the person’s inability to perform the duties for which the person was elected, appointed, or employed because of the person’s injury before the person is certified as having reached maximum medical improvement, unless the report of the person’s treating doctor indicates that the person is permanently restricted from returning to perform those duties. Requires a dispute over the ability of the person to perform those duties be adjudicated under the worker’s compensation act. Makes the employer liable for damages in an amount not to exceed $100,000 and reinstatement of the employee. Waives governmental immunity.

HB 2437 by Zwiener (D-Driftwood): Adds §§ 7.0521 and 7.052, Water Code, to authorize TCEQ to increase the amount of a penalty if the alleged violator has a history or previousl violations. Beginning in 2025, requires the TCEQ to index penalty amounts by the inflation rate. Authorizes TCEQ to triple the amount of a penalty if a first responder unaffiliated with the facility is injured as a result of exposure to hazardous material while responding to an incident at the facility.

HB 2444 by Thimesch (D-Carrollton): Adds Chapter 328, Business & Commerce Code, to prohibit a person from selling, using, or causing to be used any method, technology, device, or software in the sale or resale of event tickets on a ticket issuer’s or resale ticket agent’s website that functions as a bypass in the ticket purchasing process, disguises the identity of the purchaser, permits the purchase of quantity of tickets that exceeds the maximum number of tickets that may be sold to one purchaser, or circumvents a security measure or other control in the ticket purchasing process. Authorizes the attorney general to enforce by an action for injunctive relief, costs, attorney’s fees, and investigative costs.

HB 2459 by Vo (D-Houston): Allows a child labor investigator to assess an administrative penalty of up to $10,000. Directs the TWC to establish child labor appeal tribunals to hear disputed preliminary determination orders finding violations with review of tribunal orders by the commission. Provides for judicial review under the substantial evidence rule. Authorizes the attorney general to bring an action to enjoin violations.

HB 2470 by Kuempel (R-Seguin): Bars an employer of a first employer from taking an adverse employment action, including demotion in rank or reduction of pay or benefits, against a first responder solely because the employer knows or believes that the first responder has a mental illness, except as necessary to protect public safety. Authorizes an aggrieved person to sue for compensatory damages, attorney’s fees and costs, and any other appropriate relief. Waives governmental immunity.

HB 2498 by Swanson (R-Spring): Makes a county liable to the state for a civil penalty of $1,000 for each day that the county does not make a livestream video available of all the areas involved in county ballots, enforceable by the attorney general.

HB 2516 by Walle (D-Houston): Makes significant changes to Chapter 24, Property Code, to impose new duties on landlords, including a right to cure for nonpayment of rent. Blocks access to eviction case information except under limited circumstances. Bars a landlord from chainging locks to exclude a tenant delinquent in paying rent. Bars landlords from charging tenants for “mandatory services.” Limits late fees to the lesser of 10% of the rent or $75. Requires a landlord to give two-days’ notice before entering a residence. Requires landlords to inspect the premises and make repairs before leasing a unit, subject to judicial enforcement. Voids leave provisions that purport to limit the landlord’s liability or expand a party’s right to unilaterally terminate a lease. Imposes additional requirements for terminating a lease and prohibits a landlord from inquiring about or considering a prior arrest if the tenant was not convicted.

HB 2519 by Thompson (D-Houston): Adds Chapter 117, CPRC, to impose liability on a public entity for the actions of the entity’s peace officers if the act or omission occurs under color of law. Creates a cause of action against a public entity on the basis that a public entity’s peace officer deprived the individual of or caused the individual to be deprived of a right, privilege, or immunity under the state or federal constitution. Provides that the court shall award attorney’s fees and costs to a prevailing claimant, including contingency fees. Imposes joint and several liability on defendants. Waives governmental immunity.

HB 2545 by Capriglione (R-Southlake): Prohibits a direct-to-individual genetic testing company from disclosing an individual’s genetic data without the individual’s consent. Imposes a civil penalty of up to $2,500 per violation, enforceable by the attorney general or district attorney with recovery of attorney’s fees and costs.

HB 2604 by Morales Shaw (D-Houston)/SB 1079 by Zaffirini (D-Laredo): Creates the exas Family Fund Program to finance paid parental leave to full-time employees. Requires employer contributions of 0.15% of all wages paid by the employer during a calendar year. Prohibits an employer from deducting any part of the contribution from the employee’s wages. Does not apply to an employer with a self-funded paid leave policy.

HB 2619 by Tinderholt (R-Arlington): Imposes a $100,000 civil penalty enforceable by the attorney general for election law violations in addition to other civil and criminal penalties.

HB 2632 by Plesa (D-Dallas): Makes it a DTPA violation for a residential mortgage loan originator to advertise a false, misleading, or deceptive statement or representation made to induce a potential borrower into applying for or entering into a reverse mortgage loan agreement, considering the overall impression of the representation and the type of borrower targeted by the representation. Further prohibits the loan originator from representing that a reverse mortgage is a government benefit or is not a loan. Bars an advertisement from representing itself as an official government document, representing that the borrower can remain in the home without paying taxes or insurance, or containing an image, symbol, or emblem creating the impressions that the advertisement is made on behalf of a governmental entity.

HB 2758 by Paul (R-Houston): Bars a state agency from contracting with a vendor, whether a publicly traded or private company or non-profit entity, that is owned by or headquartered in China, Iran, North Korea, or Russia. Imposes a civil penalty enforceable by the attorney general on a vendor that makes a false representation of its relation to a scrutinized country.

HB 2760 by Hefner (R-Mt. Pleasant): Imposes liability for a civil penalty on a state agency that fails to comply with disclosure criteria relating to grants and contracts from foreign sources. Bars governmental entities that spend state or local tax money from participating in an agreement with or accepting a grant from a foreign country or concern that constrains the entity’s freedom of contract, allows the curriculum or values of the state to be directed or controlled by a foreign entity, or promotes an agenda detrimental to the safety or security of the US or residents. Requires an institution of higher education to report foreign gifts, subject to audit and administrative penalties. Establishes new requirements for foreign travel by faculty or researchers at institutions of higher education.

HB 2837 by Schaefer (R-Tyler): Bars a financial institution from discriminating against a firearms retailer by declining a lawful payment card transaction based solely on the assignment or non-assignment of a firearms code to the merchant or transaction, limiting or declining to do business with a customer or merchant for the same reason, charging higher fees for the same reason, or otherwise taking any action against a person to suppress lawful commerce involving firearms. Imposes a civil penalty enforceable by the attorney general. Creates a cause of action for injunctive relief by the attorney general, or, if the attorney general does not act, an aggrieved merchant or individual. Imposes liability for costs and attorney’s fees.

HB 2941 by Zwiener (D-Driftwood): Requires the Railroad Commission to require an owner or operator of an oil or gas pipeline constructed or expanded in the recharge zone of the Edwards Aquifer to submit to the RRC a water pollution abatement plan. Directs the RRC, in consultation with TCEQ, to adopt construction or operational standards for water pollution abatement plans. Imposes civil and criminal penalties for violations.

HB 2955 by Bumgarner (R-Flower Mound)/HB 2117 by Oliverson (R-Cypress): Adds Chapter 108A. CPRC, to create a cause of action against a judge or magistrate for damages arising from an offense committed while the perpetrator was released on personal bond if the offense for which the person was released on bond is an offense involving violence and the judge or magistrate released the defendant in violation of Art. 17.03(b-2), Code of Criminal Procedure. Caps the amount of damages at $10 million and does not permit the judge or magistrate to assert judicial or other immunity.

HB 3030 by Johnson (D-Farmers Branch): Makes an employer liable in a civil action for personal injury, death, or any other damages caused by an employee whose job duties require or may require entering into a person’s residence if the employer failed to verify the employee’s employment history before hiring and the damages occurred in connection with the employee entering the residence of a person in the course of employment.

HB 3036 by Toth (R-The Woodlands): Prohibits a financial institution from discriminating against lawful firearms and ammunition industry companies or businesses based solely on the company’s engagement in the constitutionally protected commerce subject matter of firearm or ammunition. Authorizes the banking commissioner to enforce this provision by administrative penalties or de-charter.

HB 3134 by Shaheen (R-Plano): Imposes criminal liability on a social media platform operator that is notified of a credible threat of violence for failing to notify law enforcement, preserve the relevant content, remove the offending content, and taking appropriate action against the user account. Requires a social media platform operator to develop and maintain a system for reporting threatening content.

HB 3152 by Price (R-Amarillo): Requires the label on the dispensing container on a drug or biological product dispensed by a pharmacy to include the country where the product was manufactured.

HB 3164 by Tepper (R-Lubbock): Bars DEI at institutions of higher education. Creates a cause of action by an aggrieved student or faculty member against the institution for injunctive relief, costs, and attorney’s fees. Waives sovereign immunity.

HB 3306 by Bryant (D-Dallas): Allows a tenant to cure default for nonpayment of rent by paying all rent, court costs, and attorney’s fees at any time before the court renders judgment against the tenant in an eviction suit.

HB 3357 by Schatzline (R-Fort Worth): Adds Chapter 98C, CPRC, to impose civil liability against a defendant who engages in obscenity or knowingly or intentionally benefits from obscenity. Applies to information content providers and shareholders and members of business entities. Limits defenses. Authorizes recovery of actual damages, including mental anguish, costs, and attorney’s fees. Authorizes recovery of punitive damages. Imposes joint and several liability.

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.

HJR 119 by Goodwin (D-Austin)/HJR 142 by Talarico (D-Austin): Adds § 36, Art. I, Texas Constitution, to provide that the public, individually and collectively, has a right to a clean and health environment.

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. Referred to Senate Education on 2/15.

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. Referred to Senate Health and Human Services on 2/17.

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, excluding a weekend including a federal holiday. Imposes administrative penalties for violations. Referred to Senate Business and Commerce on 2/17.

SB 559 by Hughes (R-Mineola)/HB 2846 by Cain (R-Houston): 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. Set for hearing in Senate State Affairs on 2/27.

SB 575 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. Referred to Senate State Affairs on 2/17.

SB 570 by West (D-Dallas)/HB 3277 by Gonzalez (D-Dallas): Prohibits housing discrimination based on source of income. Referred to Senate Business and Commerce on 2/17.

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. Referred to Senate Education on 2/17.

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. Referred to Senate State Affairs on 3/1.

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. Referred to Senate State Affairs on 3/1.

SB 878 by Eckhardt (D-Austin): Adds § 301.0045, Property Code, to prohibit housing discrimination on the basis of a person’s protective hairstyle or coverings. Referred to Senate Business and Commerce on 3/1.

SB 913 by Gutierrez (D-San Antonio): Adds Subchapter T, Chapter 411, Government Code, to require owners of firearms to maintain liability insurance with a $100,000 minimum limit for injury or death of one person, $300,000 for injury or death of two or more persons, and $50,000 for property damage. Requires the owner to provide proof of insurance to a law enforcement officer on request. Requires a firearm owner to provide proof of coverage to DPS upon application for a firearms license or renewal of a firearms license. Imposes a $1000-10,000 fine on violators. Referred to Senate State Affairs on 3/3.

SB 974 by West (D-Dallas): Adds § 92.027, Property Code, to prohibit a multifamily residential lease from charging for Internet or cable service or requires the tenant to subscribe to such service. Creates a cause of action against the landlord for $500, court costs, and attorney’s fees for a violation. Referred to Senate Business and Commerce on 3/3.

SB 1014 by Hughes (R-Mineola): Imposes civil and criminal penalties on a person who, without the express consent of the individual or the individual’s authorized representative, obtains the individual’s genetic material or information, performs any analysis or test of the individual that requires the material or information, retains the material or information, or discloses the material or information (except under limited circumstances). Authorizes the attorney general to seek civil penalties for violations and to recover costs and attorney’s fees. Creates a private cause of action against a violator for equitable relief and authorizes recovery of attorney’s fees and costs. Waives sovereign immunity. Referred to Senate Health and Human Services on 3/3.

SB 1060 by Hughes (R-Mineola): Prohibits an insurer or holding company organized under Texas law from including an ESG-related shareholder proposal in a proxy statement or implementing such a proposal. Referred to Senate State Affairs on 3/3.

SB 1303 by Middleton (R-Galveston): Establishes a permitting program in the General Land Office for a wind power facility on coastal public land. Creates a cause of action by the commissioner against a wind power facility for civil penalties, costs, and attorney’s fees.

SB 1328 by Blanco (D-El Paso): Amends § 125.0015(a), CPRC (common nuisances), to add storing scrap tires without registering or obtaining a permit as required by § 361.112, Health & Safety Code, or TCEQ rules, or storing scrap tires in conditions that release or threaten to release a hazardous substance or cause or threaten to cause air or water pollution or a substantial diminution of value of other real property in the vicinity.

SB 1396 by Middleton (R-Galveston): Establishes a procedure for bible study and prayer in public schools. Creates a cause of action against an entity, attorney, or law firm that unsuccessfully challenges a school district’s program and makes them jointly and severally liable for the state’s costs and attorney’s fees. Bars a state court from declaring or pronouncing the statute unconstitutional.

SB 1446 by Hughes (R-Mineola): Bars investment agents for public funds from using ESG factors in investment decisions. Limits decisions to “financial factors.” Bars a public entity from retaining an investment agency with a history of taking ESG factors into account. Gives the attorney general enforcement power against trustees.

SJR 66 by Hall (R-Edgewood): Adds Art. I, § 16, Texas Constitution, to give each individual the right to refuse any medical treatment and prohibiting a person from interfering with or impeding that right. Prohibits a person from restricting or denying an individual’s access to public accommodations based on the individual’s exercise of the right to refuse medical treatment.

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. Referred to House Public Health on 2/23. SB 177 referred to Senate Health and Human Services on 2/15.

HB 107 by Schaeffer (R-Tyler): Repeals § 418.107, Government Code, which authorizes a penalty for violation of an emergency management plan. Referred to House State Affairs on 2/23.

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. Referred to House State Affairs on 2/23.

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. Referred to House International Relations/Economic Development on 2/23.

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. Referred to House Public Health on 2/23.

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. Referred to House State Affairs on 2/23.

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. Referred to House Judiciary on 2/23.

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. Referred to House State Affairs on 3/2.

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. SB 403 referred to Senate Health and Human Services on 2/15.

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.

HB 2362 by Martinez Fischer (D-San Antonio): Amends § 418.014, Government Code, to require the governor to convene a special session of the legislature if the governor finds that a state of disaster requires renewal and the legislature is not otherwise in session.

HJR 45 by Toth (R-The Woodlands): Adds § 16, Art. I, Texas Constitution, to give an individual the right to refuse a vaccination. Bars the vaccination status of an individual from being made a condition of employment, travel, school attendance, conducting business, receiving medical treatment, receiving governmental services, or any other action in Texas.

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. Referred to Senate State Affairs on 2/15.

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. Referred to Senate State Affairs on 2/15.

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. Referred to Senate State Affairs on 2/15.

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). Referred to Senate State Affairs on 2/15.

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. Referred to Senate State Affairs on 2/15.

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. Referred to Senate Health and Human Services on 2/15.

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. Referred to Senate Health and Human Services on 2/15.

SB 390 by Hall (R-Edgewood): Repeals mandatory immunizations for schools. Referred to Senate Education on 2/15.

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. Referred to Senate Health and Human Services on 2/15.

SB 514 by Hall (R-Edgewood): Reverses any disciplinary action taken by the Texas Medical Board against a physician for prescribing invermectin, hydroxychloroquine, or budesonide in the prevention of treatment of COVID. Referred to Senate Health and Human Services on 2/17.

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. Referred to Senate Health and Human Services on 2/17.

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. Referred to Senate Health and Human Services on 2/17.

SB 1024 by Kolkhorst (R-Brenham): Bars schools and universities from requiring COVID vaccines. Requires adverse event reporting for vaccine reactions. Bars political subdivisions from requiring COVID vaccinations. Bars a governmental entity or private entity that accepts state money from requiring facemasks. Imposes a civil penalty of $2,000 per day and waives sovereign immunity. Bars a health care facility from refusing services to an individual based on vaccination status or post-transmission recovery of a communicable disease. Bars an employer from discriminating against an employee or applicant for failure to receive a COVID vaccination. Referred to Senate Health and Human Services on 3/3.

SB 1025 by Kolkhorst (R-Brenham): Specifies the vaccines required for public school students and university students engaged in the study of human or animal health. Requires adverse event reporting for vaccine reactions. Bars vaccine passports. Authorizes the HHSC commissioner to recommend vaccinations for the mandatory vaccine list. Referred to Senate Health and Human Resources on 3/3.

SB 1026 by Kolkhorst (R-Brenham): Bars a governmental entity or court from requiring proof of a COVID vaccine for entry or as a condition to jury service. Bars political subdivisions from requiring COVID vaccinations. Bars schools and universities from requiring COVID vaccines. Bars an employer from discriminating against an employee or applicant for failure to receive a COVID vaccination. Referred to Senate State Affairs on 3/3.

SB 1437 by Springer (R-Muenster): Establishes an Emergency Powers Board composed of the governor, lt. governor, speaker, and the chairs of House and Senate State Affairs to provide oversight during a declared disaster. Authorizes the board to set an expiration date for the disaster declaration. Requires the governor to call a special session to determine whether legislation is needed to extend the expiration date.

SJR 71 by Springer (R-Muenster): Amends § 8, Art. IV, Texas Constitution, to require the governor to convene a special session to respond to a declared state of emergency.

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. Referred to House State Affairs on 2/23.

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. Referred to House Public Health on 2/23.

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. Referred to House State Affairs on 2/23.

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 722 referred to House International Relations/Economic Development on 2/28. SB 204 referred to Senate Natural Resources/Economic Development on 2/15.

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. Referred to House Transportation on 2/23.

HB 522 by Cain (R-Houston): Creates “Celebration of Life Day” as a state holiday on June 24, the date of the Dobbs decision. Referred to House State Affairs on 2/23.

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. Referred to House Select Committee on Health Care Reform on 2/23.

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. Referred to House Public Health on 2/23.

HB 776 by Harrison (R-Midlothian): Prohibits a physician from treating gender dysphoria in minors. Referred to House Public Health on 2/28.

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.”  Referred to House State Affairs on 2/28.

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. Referred to House State Affairs on 2/28.

HB 1029 by Harrison (R-Midlothian): Prohibits state funds from being used for gender reassignment. Referred to House State Affairs on 3/2.

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. Referred to House Public Health on 3/2.

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. SB 439 referred to Senate Health and Human Services on 2/15.

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. SB 625 referred to Senate State Affairs on 2/17.

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.

HB 2215 by Howard (D-Austin): Amends § 170A.002, Health and Safety Code, to exempt from the prohibition of abortion an abotion that in the physician’s best judgment is medically indicated or: (1) necessary to preserve the pregnant patient’s life or future fertility; (2) necessary to preserve the pregnant patient’s physical or mental health; (3) requested because of a lethal fetal anomaly or diagnosis; or (4) requested because of a life-limiting diagnosis that indicates the existence of the fetus outside the womb is incompatible with life without extraordinary medical interventions. Provides that an abortion permitted under these exceptiosn may not be overridden by a medical review process.

HB 2690 by Toth (R-The Woodlands): Prohibits virtually all dissemination and uses of abortion-inducing drugs in Texas, no matter where they are sourced. Creates a wrongful death cause of action for any person. Creates apportioned liability among all manufacturers of abortion-inducing drugs if the claimant cannot identify which manufacturer made the drug. Applies to the use of the drug by a Texas resident even in other states or countries. Creates a no-injury cause of action for actual damages, statutory damages, costs, and attorney’s fees. Creates a cause of action against web browers that permit Texas residents to access information about abortion-inducing drugs. Imposes new duties on websites advertising abortion-inducing drugs. Penalizes persons who challenge these provisions by shifting the cost of litigation. Creates a cause of action against a judicial officer who bars enforcement of these provisions.

HB 2709 by Slaton (R-Royse City): Applies all Penal Code provisions to unborn children in the same manner as if the child has been born.

HB 2722 by Schaefer (R-Tyler): Requires a school district with a multi-occupancy bathroom or changing facility to adopt a policy, among other things, that provides for the supervision of the bathroom or facility and accommodations for students who wish to use a bathroom or facility segregated by biological sex.

HB 2764 by Slaton (R-Royse City): Subjects a physician to civil and criminal liability from inducing an abortion on herself.

HB 2765 by Slaton (R-Royse City): Bars the use of public funds to pay for an emergency contraceptive.

HB 2813 by Tinderholt (R-Arlington): Creates a cause of action or derivative action for breach of fiduciary duty against a governing person of a company doing business in Texas for facilitating travel of an employee outside of Texas to obtain an abortion. Provides that the business judgment rule is not a defense.

HB 2978 by Harris (R-Round Rock): Requires licensed physicians, nurses, physician assistants, and surgical assistants complete continuing education in ectopic pregnancy and pregnancy-related medical emergencies.

HB 3068 by Johnson (D-Houston): Adds § 74.552, CPRC, to provide that physician engaged in a physician-patient relationship is not liable in a proceeding conducted under the laws of this state solely for providing medically necessary services to the patient if the physician complies with the informed consent requirements and the patient consents to the services.

HB 3160 by Moody (D-El Paso): Repeals the criminal offense for homosexual conduct.

HB 3251 by Oliverson (R-Cypress): Bars a health care facility for refusing to accept an alternate board certification to practice in Texas that does not require an applicant to complete courses or training for performing a medical treatment not lawful in Texas.

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. Referred to House State Affairs on 2/28.

HJR 58 by Frank (R-Wichita Falls)/HJR 85 by Burrows (R-Lubbock)/SJR 70 by Hughes (R-Mineola): 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. HJR 58 referred to House State Affairs on 2/28.

HJR 106 by Schaefer (R-Tyler): Adds § 36, Article I, Texas Constitution, to provide that a person has the right to travel in a vehicle using human decision-making, subject to laws or regulations relating to, among other things, “laws or regulations that impose or are subject to criminal penalties” and “restrictions on the use of a vehicle resulting from the commission of a criminal offense or other violation of a law or regulation.”

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. Referred to Senate State Affairs on 2/15.

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. Referred to Senate State Affairs on 2/15.

SB 79 by Johnson (D-Dallas)/HB 3000 by Bryant (D-Dallas): Repeals the old criminal abortion statute, Chapter 6 ½, Title 71, Revised Statutes. Referred to Senate State Affairs on 2/15.

SB 81 by Johnson (D-Dallas): Changes applicable statutes to reflect the legality of same-sex marriage. Referred to Senate State Affairs on 2/15.

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. Referred to Senate State Affairs on 2/15. HB 970 referred to House State Affairs on 3/2.

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. Referred to Senate State Affairs on 2/15. HB 979 referred to House State Affairs on 3/2.

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. Referred to Senate State Affairs on 2/15.

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. Referred to Senate Health and Human Services on 2/15.

SB 162 by Perry (R-Lubbock): Requires birth certificates to list the biological sex of the child. Referred to Senate State Affairs on 2/15.

SB 227 by Eckhardt (D-Austin): Repeals the old criminal abortion statute, Chapter 6 ½, Title 71, Revised Statutes. Referred to Senate State Affairs on 2/15.

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. Referred to Senate State Affairs on 2/15.

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 476 Referred to Senate State Affairs on 2/17. HB 643 referred to House State Affairs on 2/23. HB 708 referred to House State Affairs on 2/28. 

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. Referred to Senate State Affairs on 2/17.

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. Referred to Senate Health and Human Services on 2/17. HB 838 referred to House Insurance on 3/1.

SB 1029 by Hall (R-Edgewood): Imposes strict liability on a health plan issuer for the patient’s medical, mental health, and pharmaceutical costs as a result of gender modification procedures or treatments covered by the plan for the life of the patient. Subjects health care providers to liability in malpractice simply for performing a gender modification treatment or procedure and makes the provider strictly liable for the life of the patient. Prohibits a health insurance policy from covering gender modification treatments. Referred to Senate State Affairs on 3/23.

SB 1031 by Hall (R-Edgewood): Imposes liability for civil penalties on a school district that conducts a study or survey on a child’s sexual behavior, enforceable by the attorney general. Referred to Senate Health and Human Services on 3/3.

SB 1195 by Hughes (R-Mineola): Gives the attorney general jurisdiction to prosecute criminal offenses under the Election Code, offenses relating to abortion, and offenses involving trafficking, bribery, and abuse of office.

SB 1280 by Johnson (D-Dallas)/HB 3004 by Bryant (D-Dallas): Provides that direct or indirect assistance to an individual for traveling outside the state to obtain an abortion does violate the abortion prohibition.

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. Referred to Senate State Affairs on 2/15. HJR 61 referred to House Judiciary on 2/28.

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. Referred to Senate State Affairs on 2/15. HJR 62 referred to House State Affairs on 2/28.

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. Referred to Senate State Affairs on 2/15.

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. Referred to Senate State Affairs on 2/15.

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 33 referred to House Energy Resources on 2/23. SB 470 referred to Senate Natural Resources/Economic Development on 2/17.

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. Referred to House State Affairs on 2/23.

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. Referred to House State Affairs on 3/23.

HB 384 by C. Bell (R-Magnolia)/HB 2930 by Schofield (R-Katy)/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 384 referred to House State Affairs on 2/23. SB 313 referred to Senate State Affairs on 2/15.

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. Referred to House State Affairs on 3/2.

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. Referred to Senate State Affairs on 2/15.

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. Referred to Senate State Affairs on 2/15.

State Pre-emption/Local Government Control

HB 121 by Vasut (R-Angleton)/SB 563 by Sparks (R-Midland): 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. Referred to House State Affairs on 2/23. SB 563 referred to Senate Business and Commerce on 2/17.

HB 553 by Troxclair (R-Austin): Bars a political subdivision from enacting an ordinance, order, or other measure providing for a universal basic income. Referred to House State Affairs on 2/23.

HB 602 by Shaheen (R-Plano): Requires a political subdivision to participate in the E-Verify program to verify information of all new employees. Referred to House State Affairs on 2/23.

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. Both referred to House State Affairs on 2/28.

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)/SB 603 by Hughes (R-Mineola): Bars a political subdivision from adopting or enforcing a juvenile daytime curfew, other than in a declared emergency. SB 603 referred to Senate Criminal Justice on 2/17.

HB 2035 by Slawson (R-Stephenville)/SB 986 by Creighton (R-Conroe): 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 986 referred to Senate Business and Commerce on 3/3.

HB 2350 by Harris (R-Palestine): Prohibits a local governmental entity from requiring the holder of a state-issued occupational license from requiring the person to have an occupational license issued by the local entity or regulating the license holder in a manner more stringent than state law with respect to contracts between the license holder and a member of the public for goods and services. Renders any such regulation void.

HB 2367 by Lozano (R-Kingsville): Pre-empts local regulation of residential amenity rentals (rentals for a period of less than 15 hours and not for the purpose of providing sleeping accommodations to a tenant). Provides that a local governmental entity may require registration of such rentals and establishes deadlines for approval of registration requests. Authorizes a local governmental entity to apply ordinances to residential amenity rentals in the same manner as to other similarly situated persons but prohibits an entity from prohibiting or limiting the use of the property for a rental. Places the burden of proof on the entity in a legal action challenging a local ordinance and requires clear and convincing evidence that the ordinance complies with this statute. Authorizes an entity to assess civil penalties and, for a third violation, suspend or terminate a registration provided the entity proves that the violation was a direct result of the residential amenity rental’s operation.

HB 2374 by Landgraf (R-Odessa)/ SB 1017 by Birdwell (R-Granbury): Bars a political subdivision from adopting an ordinance or regulation limiting access to an energy source or that results in the effective prohibition of a wholesaler, retailer, energy producer, or related infrastructure, including a retail service station, that is necessary to provide access to a specific energy source. Likewise bars a political subdivision from regulating an engine based on its fuel source. SB 1017 referred to Senate Business and Commerce on 3/3.

HB 2440 by Stucky (R-Wichita Falls): Bars a municipality from adopting or enforcing an ordinance, rule, or regulation that regulates the practice of an occupation if a person is required to possess an occupational license issued by a state licensing authority.

SB 130 by Campbell (R-San Antonio): Prohibits a city or county from regulating employment benefits. Referred to Senate Business and Commerce on 2/15.

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. Referred to Senate Business and Commerce on 2/15.

HB 2127 by Burrows (R-Lubbock)/SB 814 by Creighton (R-Conroe): 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. SB 814 referred to Senate Business and Commerce on 3/1.

SB 784 by Birdwell (R-Granbury)/HB 2211 by Landgraf (R-Odessa): Pre-empts local government regulation of greenhouse gas emissions. Referred to Senate Natural Resources/Economic Development on 3/1.

SB 1461 by Springer (R-Muenster): Bars a county or city from regulating the operation of a global online marketplace or from requiring an online global marketplace to provide personally identifiable information of its Internet platform users without an administrative subpoena or court order.

Tort Liability

HB 194 by Ortega (D-El Paso): Establishes safety requirements for amusement ride operators. Referred to House Insurance on 2/23.

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. Referred to House Judiciary on 2/23.

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. Set for hearing in House Criminal Jurisprudence on 3/7.

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. Referred to House Judiciary on 3/23.

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.  Referred to House Judiciary on 2/23.

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. Referred to House Public Health on 3/2.

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. Referred to House Public Health on 3/2.

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)/SB 901 by Nichols (R-Jacksonville): 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. SB 901 referred to Senate State Affairs on 3/1.

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.

HB 2308 by Ashby (R-Lufkin): Amends Chapter 251, Agriculture Code, to further limit nuisance actions against agricultural operations to require the claimant to prove each element of the action by clear and convincing evidence. Expands the limits to any action to restrain an agricultural operation. Expands the definition of “agricultural operation” to include hay and other forages and raising or keeping livestock or poultry for purposes of veterinary services. Eliminates the exception giving a municipality authority to enforce state law. Expands the liability of a person who brings an improper nuisance action against an agricultural operator to include any damages found by the trier of fact (already allows recovery of costs and attorney’s fees). Eliminates local government authority to regulate the construction of an agricultural improvement. Adds to the definition of “agricultural land” any land on which agricultural operations exist or may take place, regardless of the land’s qualification for appraisal as agricultural land. Adds to the definition of “agricultural improvement” an arena, implements used for management functions, and equipment necessary to carry out agricultural operations.

HB 2342 by Guillen (R-Rio Grande City): Limits civil actions for negligence against licensed funeral homes to those brought by the decedent’s spouse, adult child, parent, or adult sibling.

HB 2431 by Johnson (D-Farmer’s Branch): Repeals §75.004(b), CPRC, which requires the owner, lessee, or occupant of agricultural land used for recreational purposes to carry liability insurance.

HB 2636 by Murr (R-Junction): Adds Chapter 75B, CPRC, to limit the liability of a recreational vehicle park or campground for personal injury, death, or property damage of a participant in park or campground activities if the park posts a warning sign as prescribed by the statute. Does not limit liability if the park or campground’s negligence evidences disregard for the participant’s safety, the park or campground had actual knowledge of or reasonably should have known of a dangerous condition on the land, facilities, or equipment of the park or campground, failed to train or improperly trained an employee involved in the activity, or acted intentionally.

HB 2786 by Schofield (R-Katy): Amends the Tort Claims Act (Ch. 101, CPRC) to limit the liability of a county or municipality in a suit concerning the actions of a jail or detention facility keeper, operator, or employee to money damages and attorney’s fees in an amount not to exceed $500,000, regardless of the number of claimants.

SB 58 by Zaffirini (D-Laredo)/HB 2336 by Thimesch (R-Carrolton): 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. Set for hearing in Senate Business and Commerce on 3/7.

HB 618 by Darby (R-San Angelo)/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. Referred to House Energy Resources on 2/23. SB 502 referred to Senate Natural Resources/Economic Development on 2/17.

SB 694 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. Referred to Senate State Affairs on 2/17.

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. Referred to Senate State Affairs on 3/1.

SB 1014 by Hughes (R-Mineola): Imposes civil and criminal penalties on a person who, without the express consent of the individual or the individual’s authorized representative, obtains the individual’s genetic material or information, performs any analysis or test of the individual that requires the material or information, retains the material or information, or discloses the material or information (except under limited circumstances). Authorizes the attorney general to seek civil penalties for violations and to recover costs and attorney’s fees. Creates a private cause of action against a violator for equitable relief and authorizes recovery of attorney’s fees and costs. Waives sovereign immunity.

SB 1034 by Middleton (R-Galveston): 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. Bars the aggregation of private nuisance claims to produce a violation of established public rights. Referred to Senate State Affairs on 3/3.

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. Referred to House Public Health on 2/23. SB 250 referred to Senate State Affairs on 2/15.

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. Referred to House Public Health on 2/23.

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 90^th day after it issues its final decision, investigative report, or order. Set for hearing in House Public Health on 3/6.

HB 112 by Howard (D-Austin)/SB 240 by Campbell (R-San Antonio): 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. Set for hearing in House Public Health on 3/6. SB 240 referred to Senate Health and Human Services on 2/15.

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. Referred to House Judiciary on 2/23.

HB 233 by Murr (R-Junction)/SB 831 by Flores (R-Austin): 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. Set for hearing in House Public Health on 3/6.

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. Referred to House Public Health on 2/23.

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. Referred to House Public Health on 3/23.

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. Referred to House Judiciary on 2/23.

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 25^th birthday, rather than the 14^th birthday for all other health care liability claims. Referred to House Judiciary on 3/1.

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)/SB 1275 by Hancock (R-Richland Hills): 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.

HB 2301 by Thierry (D-Houston): Requires nursing facilities and assisted living facilities to install an operational emergency generator or comparable emergency power source and a sufficient amount of fuel to operate the generator or power source for 72 hours. Requires compliance by September 1, 2024.

HB 2324 by Allison (R-San Antonio): Amends § 241.009, Health and Safety Code, to add to the requirement that photo identification badges for hospital providers specify the license the provider holds to include hearing instrument fitters and dispensers, licensed dyslexia practitioners or therapists and athletic trainers. Bars the use of the term “resident” unless the person is a graduate of a medical school and receiving graduate medical training. Allows the attorney general to collect a civil penalty for hospital license violations. Allows the department to consider the amount necessary to deter future violations and the hospital’s efforts to correct the violation in assessing a penalty. Requires the same photo ID badge requirement to freestanding emergency health care facilities as apply to hospitals and allows the attorney general to recover reasonable costs, expenses, and attorney’s fees in an action to enforce or collect a penalty. Adds § 254.208, Health and Safety Code, to authorize a civil penalty payable to the state not to exceed $1,000 for each day a violation continues (freestanding emergency health care facilities). Authorizes the attorney general, a district or county attorney, or municipal attorney to file suit to collect the penalty and recover reasonable expenses and attorney’s fees. Amends § 101.201, Occupations Code, to add to the definition of “false, misleading, or deceptive advertising or advertising not readily subject to verification to include advertising that uses a title, term, or other words that misstate, falsely describe, falsely hold out, or falsely detail the health care professional’s skills, training, expertise, educational degree, specialty certification, or licensure. Requires an advertisement to include the name of the health care professional and his or her professional identification. Establishes a broad definition of “advertising.” Makes similar changes to Chapter 104, which regulates healing arts practitioners and adds administrative penalty authority to that chapter. Adds § 165.1565, Occupations Code, which governs penalties, to define “medical or medical specialty title” as 39 distinct licenses and specialties. Bars a person not licensed to practice medicine by the board from using or publicly displaying a medical or medical specialty title in connection with the person’s name or from indicating or inducing another to believe that the person is an attending doctor or physician. Makes conforming changes to Chapter 204 (physician assistants) and Chapter 301 (nurses). Establishes a criminal penalty (Class A misdemeanor) if a person providing a nursing education program uses the term “residency” or “fellowship” in the name of the program.

HB 2551 by Shaheen (R-Plano): Provides that a physician who enters into a collaborative practice agreement with an associate physician is responsible for the oversight of and is liable for any medical act performed by the associate physician in the practice of medicine. Provides for the licensing of associate physicians.

HB 2556 by Oliverson (R-Cypress): Makes a physician who enters into a supervising agreement with a physician graduate response for the oversight of and is liable for any medical act performed by the physician graduate in the provision of primary care services. Provides for the licensing of physician graduates. Allows an insured to select a physician graduate to provide a scheduled service within the scope of the graduate’s license.

HB 3092 by Hayes (R-Denton): Prohibits the Pharmacy Board from taking an adverse action against a pharmacy, pharmacist, or pharmacy technician for not dispensing or selling a specific drug or product in accordance with the person’s sincerely held religious belief or moral conviction. Gives the attorney general authority to sue the board of injunctive or declaratory relief.

HB 3151 by Schatzline (R-Fort Worth): Imposes a civil penalty of $50,000 against a health care provider who denies or refuses to provide a treatment, procedure, or service based on the person’s vaccination status.

HB 3162 by Klick (R-Fort Worth): Adds § 160.0045, Health & Safety Code, to grant immunity from civil liability to a physician or health care provider acting under the direction of the physician for conducting a tracheostomy or percutaneous gastrostomy for purposes of the transfer of a patient to another physician who is willing to comply with the patient’s advance directive. Makes numerous changes with respect to the review process involving advance directives.

HB 3212 by Toth (R-The Woodlands): Imposes an administrative penalty against a birthing center that fails to conduct a required newborn screening test and deliver the test results to the parent, conservator, or guardian within 24 hours. Provides that if the violation results in the serious bodily injury or death of the newborn, the civil penalty may not be less than $500,000 enforceable by the attorney general or district attorney.

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. Referred to Senate Health and Human Services on 2/15.

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. Referred to Senate State Affairs on 2/15.

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. Referred to Senate Health and Human Services on 2/15.

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. Referred to Senate Health and Human Resources on 2/15.

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. Referred to Senate Health and Human Services on 2/17.

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 20^th 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. Referred to Senate Health and Human Services on 2/17.

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. Referred to Senate Health and Human Services on 3/1.

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. Referred to Senate Health and Human Services on 3/1.

SB 945 by Kolkhorst (R-Brenham): Amends §§ 327.001 and 327.008, Health and Safety Code, to expand the commission’s administrative penalty authority over hospitals that violate Chapter 327’s requirements for price disclosure to freestanding emergency medical care facilities, urgent care or retail clinics, outpatient clinics, birthing centers, ambulatory surgical centers, or other facilities licensed to provide health care services in the state. Referred to Senate Health and Human Services on 3/3.

SB 1193 by Schwertner (R-Georgetown): Requires a freestanding emergency medical care facility to have a physician on site at all times, to disclose information about the physician, and to allow the patient to request and receive care from the physician.

SB 1198 by Hall (R-Edgewood): Adds § 74.252, CPRC, to allow a claimant to bring a health care liability claim not later than the claimant’s 20^th birthday if the basis for the claim is malpractice in the provision of a puberty suppression drug or cross-sex procedure on the minor for purposes of gender transitioning or gender reassignment.

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. Referred to House International Relations/Economic Development on 2/23.

HB 307 by Bernal (D-San Antonio)/HB 1298 by Bernal (D-San Antonio): Adds Chapter 83, Labor Code, to require employers to provide paid sick leave annually. Referred to House International Relations and Economic Development on 2/23.

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. Referred to House International Relations/Economic Development on 2/23.

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. Referred to House Business and Industry on 2/23.

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. Referred to House International Relations/Economic Development on 2/23.

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. Referred to House International Relations/Economic Development on 2/23.

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 723 referred to House International Relations/Economic Development on 2/28. SB 108 referred to Senate Natural Resources/Economic Development on 2/15.

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. Referred to House State Affairs on 2/28.

HB 893 by Reynolds (D-Missouri City): Establishes a mandatory paid sick leave program for all employers. Imposes administrative and civil penalties on employers for violations. Creates a cause of action for violations. Allows an aggrieved employee to recover actual damages and authorizes a court to award attorney’s fees, expert witness fees, and other costs. Referred to House International Relations/Economic Development on 3/1.

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. Referred to House Business and Industry on 3/2.

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)/HB 2621 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. Referred to House Business and Industry on 2/23.

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. Referred to House State Affairs on 2/23.

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.  Referred to House Business and Industry on 2/23.

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. Referred to House Business and Industry on 3/2.

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. Referred to House Business and Industry on 3/2.

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 30^th day after the date the home is listed. Makes a contract entered into before that date voidable by the seller. Referred to House Business and Industry on 3/2.

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. Referred to House State Affairs on 3/2.

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. Referred to House State Affairs on 3/2.

HB 1090 by Rosenthal (D-Houston): Repeals Chapter 2271, Government Code, which prohibits a governmental entity from contracting with a company that boycotts Israel. Referred to House State Affairs on 3/2.

HB 1091 by Rosenthal (D-Houston)/SB 1382 by Eckhardt (D-Austin): 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. Referred to House State Affairs on 3/2.

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. Referred to House State Affairs on 3/2.

HB 2022 by Leach (R-Allen)/SB 873 by King (R-Weatherford): 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). SB 873 referred to Senate Business and Commerce on 3/1.

HB 2024 by Leach (R-Plano)/SB 939 by King (R-Weatherford): 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 939 referred to Senate Business and Commerce on 3/3.

HB 2206 by Patterson (R-Frisco): Bars a social media platform from operating in Texas if the platform was developed or provided by a governmental entity or other entity of China, Iran, North Korea, or Russia.

HB 2310 by Canales (D-Edinburg): Adds Chapter 28, CPRC, to govern commercial construction defect litigation. Requires a claimant asserting a defect to describe as to each defendant the specific defect giving rise to the claim, state the factual basis for the claim, and be verified by a person with knowledge of the facts stated in the petition. Allows a defendant to move to dismiss for failure to comply with the pleading requirement, subject to repleading to correct deficiencies. Requires a hearing on the motion to dismiss within 30 days of service of the motion, unless extended for good cause or by consent. Provides that failure to file a compliant pleading does not toll limitations. Allows a defendant to move to dismiss based on a standard that no reasonable jury could find that the defendant’s services, labor, or materials caused or created the defect. Authorizes a court to award costs and attorney’s fees to a party that prevails in a motion to dismiss.

HB 2425 by Isaac (R-Dripping Springs): Bars a governmental entity from contracting with a Chinese entity.

HB 2584 by Paul (R-Houston): Voids a provision in a contract for appraisal services between a governmental agency and a provider of appraisal services that requires the provider to defend the governmental agency or to indemnify the agency for the agency’s sole or concurrent negligence.

HB 2657 by Leach (R-Plano): Amends § 272.001, Business & Commerce Code, to make a construction contract between an original contractor and owner voidable if the owner does not, on written request, provide a copy of any incorporated document on or before the 10^th da before the date the contract is executed. Allows the owner to redact information in the document that is not incorporated into the contract. Imposes the same requirement on a contract between a subcontractor and an original contractor and on a contract between subcontractors. Provides that a contract provision is voidable only to the extent of its applicability to the incorporated document. Allows a party to provide the incorporated documents by a link to the document on an Internet website or file hosting service that may be accessed by the other party free of charge. Prohibits waiver of these requirements.

HB 2788 by Jetton (R-Richmond): Prohibits governmental entities, companies or other entities, or certain individuals associated with governmental entities of companies from “designated countries” from acquiring title to real property in Texas. Authorizes the governor to designate prohibited entities and individuals. Authorizes the comptroller to investigate transfers of real property. Imposes criminal liability and forfeiture provisions.

HB 2823 by Anchia (D-Dallas)/SB 1189 by Parker (R-Flower Mound): Adds Chapter D-1, Government Code, to direct the comptroller to maintain a list of scrutinized companies that do business with the Russian Federation.

HB 2854 by Gervin-Hawkins (D-San Antonio): Amends § 271.060, Local Government Code, to increase from $1 million to $5 million or more the original contract price that may not be increased by more than 25%. Provides that a contract with an original contract price of less than $5 million may not be increased in the aggregate by more than the greater of 50% or $1 million. Raises the amount of authority that a governing body may grant to an official or employee to approve a change order involving an increase or decrease from $50,000 to $250,000 or less.

HB 2879 by Oliverson (R-Cypress): Adds § 15.021, CPRC, to provide that a venue provision in a contract for an improvement to real property that requires an action involving a contractor, subcontractor, or materialman who is a Texas resident to be brought outside the state is void as a matter of public policy. Provides that if a venue provision is void and the parties do not stipulate as to venue after a dispute arises, an action arising out of the contract shall be brought in the county in which the defendant resides, the cause of action accrued, or the property that is the subject of the litigation is located.

HB 2928 by Turner (D-Arlington): Amends § 272.001, Business & Commerce Code, to make a provision in a construction contract voidable if the provision allows a party to the contract to withhold payment owed under one contract to satisfy a claim or damages alleged under another contract. Amends § 28.003, Property Code (good faith disputes under prompt payment of contractors and subcontractors statute), to provide that a good faith dispute does not include a dispute relating to a contract, work order, contractual arrangement, or any other agreement between the parties that is not related to the contract for construction under which payment is requested or required. Amends § 162.031, Property Code (construction payments as trust funds), to provide that a trustee who retains or otherwise diverts trust funds due to a dispute, including an alleged default, arising under a construction contract other than the contract in connection with which the trust funds were received by or placed under the control or direction of the trustee has misapplied the trust funds. Allows a court to award costs and attorney’s fees in an action brought under Chapter 162 for misapplication of trust funds.

HB 2965 by Vasut (R-Angleton)/SB 1336 by Creighton (R-Conroe): Amends § 2272.002(b), Government Code, to remove the exception to the applicability of Chapter 2272’s report and right to cure provisions to civil works projects. Bars waiver of Chapter 2272.

HB 3069 by Cunningham (R-Humble): Amends § 808.001(1), Government Code, to limit the definition of “Boycott Israel” to “refusing to deal with” or “terminating business activities with” Israel (current definition is broader).

HB 3139 by Jetton (R-Richmond): Amends § 15.50, Business & Commerce Code, to void and bar enforcement of a covenant not to compete relating to the practice of medicine that restricts a licensed physician from practicing in any geographic area for any period of time. Exempts covenants placing a restriction on certain research, restricting a physician (other than a primary care physician or pediatrician) who has an AGI of at least $250,000, or ancillary to the sale, transfer, or other disposition of any portion of a physician’s ownership interest in a medical practice or medical practice management company.

HB 3156 by Leach (R-Plano): Adds § 97.003, CPRC, to provide that a professional entity or officer or employee of such entity that provides services as a consultant or subconsultant of TXDOT to monitor and inspect the progress of work on a transportation or maintenance project performed by a private contractor and report to TXDOT on the contractor’s compliance is not liable to a claimant for personal injury, property damage, or death arising from an action performed in the course and scope of the entity’s consulting duties.

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. Referred to Senate State Affairs on 2/15.

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. Referred to Senate Business and Commerce on 2/17.

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. Referred to Senate Business and Commerce on 2/17.

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. Referred to Senate State Affairs on 2/17.

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. Referred to Senate Business and Commerce on 2/17.

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. Heard in Senate State Affairs on 3/2.

SB 803 by Hughes (R-Mineola)/HB 2265 by Leach (R-Plano): 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. Referred to Senate Business and Commerce on 3/1.

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. Referred to House Judiciary on 2/23.

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. Referred to House Judiciary on 2/23.

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. Referred to House Juvenile Justice on 2/23. SB 243 referred to Senate State Affairs on 2/15.

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. Referred to House Judiciary on 3/2.

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.

HB 2431 by Johnson (D-Farmer’s Branch): Adds §51.018, CPRC, to allow a party that files a notice of appeal to file an appendix that replaces the clerk’s record for the appeal. Requires the party to notify the court of appeals that it will file an appendix not later than the 10^th day after the notice of appeal is filed. Requires the appendix to be filed with the party’s appellant brief. Requires the brief and appendix to be filed not later than the 30^th day after the later of: (1) the date the party provided notice to the court of appeals; or (2) the date that a reporter’s record, if any, is filed with the court of appeals (except by order of the court or in an expedited proceeding). Requires the appendix to contain a file-stamped copy of each document required by Rule 34.5, TRAP, for civil actions and any other item the appellant refers to in its brief. Does not allow the appendix to include any document not filed with the trial court, absent agreement of the parties. Provides that the appendix becomes part of the appellate record and does not allow the appellate clerk to charge a fee for a clerk’s record if the appendix if filed. Provides a parallel procedure for criminal cases.

HB 2383 by Leach (R-Plano): Amends § 52.041, Government Code, to permit the judges of two or more courts of record that are not located in the same judicial district to agree to jointly appoint an official court reporter to serve the courts. Permits the judges to appoint a certified shorthand reporter and to permit the reporter to serve more than one court and serve remotely. Permits a deputy court reporter to serve remotely. Permits a certified shorthand reporter to administer oaths to witnesses without being at the same location as the witnesses. Requires an uncertified court reporter to engage in reporting to report an oral deposition only if the reporter delivers the required affidavit before the deposition begins (current law is “present at” the deposition) and requires the reporter to file the affidavit with the court, subject to civil penalty for failure to comply.

HB 3129 by Guerra (D-McAllen): Amends § 51.014, CPRC, to make a technical drafting correction.

HB 3200 by Leach (R-Plano): Entitles a judgment creditor to a hearing on the creditor’s motion for the court’s assistance in collecting a final money judgment that remains unsatisfied in justice court for longer than six months. Authorizes the court to appoint a receiver unless the judgment debtor appears and contests the appointment. Authorizes the court to issue an order that requires the turnover of all nonexempt property (except for paychecks or sales proceeds of exempt property) without requiring the creditor to prove the existence  of specific property owned by the judgment debtor.

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. Referred to Senate Criminal Justice on 2/17.

SB 896 by Hughes (R-Mineola)/HB 2781 by Leach (R-Allen): Amends § 51.014, CPRC, to provide that the denial of a motion to dismiss under the TCPA is not subject to the automatic stay if the order denying the motion states that the motion was: (1) denied as not timely filed under § 27.003(b), CPRC; (2) determined to be frivolous or solely intended to delay under § 27.009(b); or (3) denied because the action is exempt under § 27.010(a). Referred to Senate State Affairs on 3/1.

SB 1489 by Creighton (R-Conroe): Prohibits investment of PUF, national research university fund, or money held by a public institution of higher education in entities that boycott Israel, energy companies, or firearms or ammunition makers.

Insurance

HB 150 by Julie Johnson (D-Farmers Branch)/SB 1042 by Hughes (R-Mineola): 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. Set for hearing in House Insurance on 3/7. SB 1042 referred to Senate Business & Commerce on 3/3.

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. Referred to House Insurance on 2/23.

HB 597 by Jetton (R-Richmond)/SB 1194 by Zaffirini (D-Laredo): 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 20^th 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. Referred to House Insurance on 2/23.

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. Referred to House Insurance on 2/23.

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. Referred to House Insurance on 3/1.

HB 998 by Paul (R-Houston)/SB 741 by Middleton (R-Galveston): 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. Referred to House Insurance on 3/2. SB 741 referred to Senate Business & Commerce on 3/1.

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. Referred to House Insurance on 3/2.

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. Referred to House Insurance on 3/2.

HB 1164 by Gervin-Hawkins (D-San Antonio): Requires a health benefit plan to provide coverage for a hair prothesis for breast cancer patients. Referred to House Insurance on 3/2.

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. SB 833 referred to Senate Business and Commerce on 3/1.

HB 1320 by Geren (R-Fort Worth): Amends Chapter 1952, Insurance Code, to: (1) for purposes of an unfair settlement practices claim (§ 541.060), allow an insurer to provide notice of a claim for uninsured or underinsured motorist coverage by providing written notice to the insurer that reasonably informs the insurer of the facts of the claim; (2) provide that a judgment or other legal determination establishing the uninsured or underinsured driver’s liability or the extent of the insured’s damages is not a prerequisite to recovery in a bad faith action with respect to a UM/UIM claim; and (3) provides that in a UM/UIM claim, the only extracontractual cause of action available to an insured is an action for bad faith under § 541.151 to reover damages under § 541.152.

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)/SB 452 by Menendez (D-San Antonio): 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. SB 452 referred to Senate Health and Human Services on 2/15.

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. SB 554 referred to Senate Business and Commerce on 2/17.

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)/SB 1003 by Johnson (D-Dallas): Requires health benefit plan issuers to include in their directories of facility-based physicians updated information regarding all providers and their specialties. SB 1003 referred to Senate Health and Human Services.

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)/SB 1137 by Schwertner (R-Georgetown): 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 drugs 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.

HB 2403 by Paul (R-Houston): Directs the Center for Healthcare Data at the UT Health Science Center in Houston to establish the Texas Health Insurance Mandate Advisory Review Center to prepare analyses of legislation that would impose new mandates on health benefit plan issuers.

HB 2752 by Schaefer (R-Tyler): Provides that the commissioner of insurance may adopt a rule adopted by NAIC relating to ESG or otherwise substantive in nature if the commissioner enters into a formal rulemaking process.

HB 2797 by Bucy (D-Austin): Requires a health benefit plan that provides coverage for hysterectomy or myomectomy to provide coverage for laparoscopic removal of uterine fibroids.

HB 3098 by Johnson (D-Houston)/SB 1502 by Middleton (R-Galveston): Adds Chapter 1462, Insurance Code, to prohibit a health benefit plan issuer from offering a higher reimbursement rate to a health care practitioner who is a member of a nonaffiliated provider based on a condition that the practitioner agrees to join an affiliated provider. Bars the issuer from paying a higher rate to an affiliated provider than a nonaffiliated provider. Bars the issuer from communicating with an enrollee to encourage or direct the enrollee to an affiliated provider. Bars an issuer from requiring a patient to use an affiliated provider for the patient to receive the maximum benefit for the service, offering or implementing a benefit plan that requires or induces a patient to use an affiliated provider, or soliciting a patient or prescriber to transfer a patient’s prescription to an affiliated provider.

HB 3311 by Lozano (R-Kingsville): Eliminates  2210.102(f), Insurance Code, which requires TWIA member insurers to nominate a slate of nominees to fill a vacancy in one of the three positions reserved for them on the TWIA board.

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. Referred to Senate Business and Commerce on 3/1.

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. Referred to Senate Business and Commerce on 2/15.

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. Referred to Senate Business and Commerce on 2/15.

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. Referred to Senate Business and Commerce on 4/17.

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.) Referred to Senate Health and Human Services on 2/17.

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. Referred to Senate Health and Human Services on 2/17.

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. Referred to Senate Health and Human Services on 3/2.

SB 989 by Huffman (R-Houston)/HB 3188 by Bonnen (R-Friendswood): Requires a health benefit plan to cover biomarker testing for the purpose of diagnosis, treatment, appropriate management, or ongoing monitoring of an enrollee’s disease or condition to guide treatment when the test is supported by medical and scientific evidence. Referred to Senate Health and Human Services on 3/3.

SB 1083 by King (R-Weatherford): Amends § 1952.101, Insurance Code, to require an insurer to direct the use of original manufacturer’s or distributor’s parts to repair a vehicle that the insured has owned for three years or less and that was delivered new to the insured. Bars the insurer from limiting the insured in selecting an auto repair shop. Applies the same requirements to a third-party claim against an insured. Bars an insurer from requiring an auto repair shop to use a specific percentage of non-original equipment in the repair of a motor vehicle.

SB 1138 by Schwertner (R-Georgetown): Bars a health benefit plan issuer, for enrollees with chronic, complex, rare, or life-threatening medical conditions, from requiring clinician-administered drugs to be dispensed only by certain pharmacies or only by pharmacies participating in the plan issuer’s network, limiting or excluding coverage based on the enrollee’s choice of pharmacy, reimbursing at a lesser amount based on the enrollee’s choice of pharmacy, or requiring the enrollee to pay more based on choice of pharmacy.

SB 1139 by Schwertner (R-Georgetown)/HB 1236 by Oliverson (R-Cypress): Expands the definition of “emergency care” for purposes of health benefit plans to include emergency care “regardless of the final diagnosis of the condition.”

SB 1141 by Schwertner (R-Georgetown)/HB 895 by Munoz (D-Palmview): Bars an HMO or PPO from using extrapolation to complete an audit of a participating physician or provider. Requires any payment or refund to be based on the actual overpayment or underpayment and may not be based on extrapolation. HB 895 referred to House Insurance on 3/1.

SB 1217 by Middleton (R-Galveston)/HB 2880 by Lozano (R-Kingsville): Makes various amendments to Chapter 2210, Insurance Code, overhauling the administration of TWIA. Bars TWIA from using any money under its control to lobby the legislature, subject to a fine of $10,000. Bars a person with specified financial ties to the property and casualty insurance industry from serving as general manager of TWIA. Adjusts payments from Class 1, 2, and 3 assessments by the CPI. Provides for member assessments for losses in excess of reinsurance. Bars representatives of the insurance industry who actively write and renew windstorm and hail insurance, as well as captive agents, from serving on the TWIA board of directors and requires the public counsel of OPIC to serve on the board. Prohibits TWIA from automatically adjusting the amount of coverage purchased by a policyholder, requiring the use of any one replacement cost calculator, or adjusting premiums, fees, or any other costs to policyholders for inflation without a vote of the board of directors. Bars TWIA, in determining the probable maximum loss, from considering the cost of providing loss adjustments and requires it to, to the extent possible, contract with any disinterested third parties necessary to execute any catastrophe models that were executed in the preceding storm season or substantially similar to those models. Requires the amount of loss adjustment expenses used for rate filing to be considered above the probable maximum loss.

SB 1220 by Zaffirini (D-Laredo): Requires a group health benefit plan to provide coverage for all generally recognized services to an individual who is younger than 26 years of age and who is diagnosed with first episode psychosis.

SB 1221 by Zaffirini (D-Laredo)/HB 826 by Lambert (R-Abilene): Amends § 1369.053, Insurance Code, to except from the requirements of Subchapter B, Chapter 1369 (coverage of prescription drugs specified by a drug formulary) a self-funded health benefit plan as defined by ERISA. Imposes notice requirements on a health benefit plan issuer that the issuer is modifying drug coverage and includes the following in actions that trigger the modification notice: increasing a coinsurance, copayment, deductible, or other out-of-pocket expense that an enrollee must pay and reducing the maximum drug coverage amount. Provides that modifications that are more favorable to an enrollee may be made any time without notice. Bars an issuer, upon renewal of the policy, from modifying an enrollee’s contracted benefit level for a previously covered prescription drug prescribed for a medical condition or mental illness that the prescribing physician determines is the most appropriate course of treatment. HB 826 referred to House Insurance on 3/1.

SB 1268 by Johnson (D-Dallas): Amends § 707.004, Insurance Code, to prohibit an insurer waiving a deductible owed by a policyholder under a property insurance policy for any reason from requiring as a condition the policyholder’s use of the insurer’s preferred or recommended contractor for the claim. Requires the insurer to receive reasonable proof of payment by the policyholder of any deductible applicable to the claim before paying a claim for withheld recoverable depreciation or a replacement cost holdback.

SB 1277 by Parker (R-Flower Mound): Requires a health benefit plan to cover fertility preservation services.

SB 1298 by Hughes (R-Mineola): Amends § 1467.101, Insurance Code, regarding mediation of disputes between a health benefit plan issuer or administrator and out-of-network facilities, to provide that failing to provide the material facts necessary to conduct a meaningful mediation or to failing to send to a mediation a representative who is authorized to negotiate on the party’s behalf constitutes bad faith. Adds § 1467.103 to provide that bad faith participation in mediation is grounds for the opposing party to request arbitration.

 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. Referred to House Defense and Veteran’s Affairs on 2/23.

HB 102 by S. Thompson (D-Houston)/SB 1352 by Miles (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. Referred to House Business and Industry on 2/23.

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. Set for hearing in House Insurance on 3/7.

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. Referred to House Business and Industry on 3/23.

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. Referred to House Business and Industry on 2/23.

HB 778 by Walle (D-Houston)/SB 283 by Eckhardt (D-Austin): Requires contractors and subcontractors to provide workers’ compensation insurance for their employees. Referred to House Business and Industry on 2/28. SB 283 referred to Senate Business and Commerce on 2/15.

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 60^th 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). Referred to House Business and Industry on 2/28.

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.

HB 2314 by Canales (D-Edinburg): Amends § 408.182(d-2), Labor Code, to allow a parent to file a claim for death benefits directly with the insurance carrier. Amends § 409.007, Labor Code, to provide that if a person files a death benefits claim with an insurance carrier, the carrier must at the time of receiving the claim create and maintain a record documenting receipt of the claim and provide written notice to the division that the person filed the claim.

HB 2315 by Canales (D-Edinburg): Amends § 607.052, Government Code, with respect to the cancer presumption, to limit the exception for tobacco use to the five years preceding the diagnosis of the cancer and to remove peace officers from the exception altogether (leaving only firefighters and EMTs under the tobacco exception).

HB 2317 by Canales (D-Edinburg): Amends § 607.052, Government Code, with respect to the cancer presumption, to limit the exception for tobacco use to the five years preceding the diagnosis of the cancer and to expand coverage of the exception to detention officers. Amends § 607.056, Government Code, to add detention officers to the presumption for acute myocardial infarction or stroke, to make the presumption apply to routine activity and activity involving law enforcement and supervision of inmates, to apply the presumption to exposures to smoke, fumes, or toxic substances, and to extend the scope of the presumption up to 72 hours after the end of the person’s shift.

HB 2468 by Burrows (R-Lubbock)/SB 1033 by Perry (R-Lubbock): 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. SB 1033 referred to Senate Business and Commerce on 3/3.

HB 2534 by Turner (D-Arlington): Adds § 410.008, Labor Code, to exempt from disclosure under the Open Records Act the notes and electronic communications of an ALJ or appeals judge conducting a contested case hearing or appeal, drafts of a decision, and drafts of an order.

HB 2539 by Noble (R-Lucas): Adds  401.027, Labor Code, to provide that an injury is not compensable if it arises while the employee performs job duties for the employer at the employee’s home or a location that is not owned, operated, or controlled by the employer or at which the employee is not specifically required to be to perform the employee’s job duties.

HB 2702 by Guillen (R-Rio Grande City): Adds § 408.00411, Labor Code, to direct the commissioner of insurance to adjust for inflation the amounts required to be paid by an insurance carrier for a medical examination and the fee for failure of the injured worker to appear for a scheduled medical examination.

HB 2926 by Turner (D-Arlington): Adds § 607.05451, Government Code, to require an insurance carrier to reprocess a claim by a public safety employee denied before June 14, 2021 for benefits related to severe acute respiratory syndrome coronavirus or coronavirus disease 2019. Requires the claim to be reprocessed not later than October 31, 2023. Requires the carrier, if denying the claim, to provide information on the process for disputing the denial. Amends § 409.0092, Labor Code, to permit an injured public safety employee’s beneficiary to request reimbursement for health care expenses paid by the beneficiary. Authorizes the beneficiary to seek medical dispute resolution. Eliminates the September 1, 2023 expiration date for § 409.0092. Makes an insurance carrier liable for an administrative violation of the carrier misrepresents a provision of Subchapter B, Chapter 607, Government Code (Diseases or illnesses suffered by detention officers, custodial officers, firefighters, peace officers, and emergency medical technicians), fails to apply a statutory presumption under that statute, or denies a claim under that statute without obtaining an opinion from a medical expert.

HB 3335 by Canales (D-Edinburg): Amends § 401.206, Labor Code, relating to considering travel to an emergency call as within the course and scope of employment for emergency response personnel. Adds peace officers to the list of personnel and includes travel from the emergency call in the course and scope.

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). Referred to Senate Business and Commerce on 3/1.

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 5^th 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. Referred to Senate Business and Commerce on 3/1.

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. Referred to House Land and Resource Management on 2/23.

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.

HB 2284 by King (R-Canadian): Amends § 21.101(a), Property Code, to permit a person to redeem real property taken by eminent domain if the use of the property is changed from the public use for which it was acquired to any other use during the life time of: (1) the person from whom the property was acquired; or (2) a person who is related within three generations by blood, marriage, or adoption to the person from whom the property was acquired. Makes conforming changes in §§ 21.102, 21.1021(a), and 21.103(a), Property Code.

HB 2318 by Zwiener (D-Driftwood): Amends § 21.02(a), Property Code, to block a condemnor from taking possession of the property for 180 days from the date of the special commissioners’ award, unless the parties agree otherwise. Permits a city, irrigation district, water improvement district, or water power control district to take immediate possession if it pays or deposits the amount of the award.

HB 2628 by Moody (D-El Paso): Amends § 21.103, Property Code, to require an entity to offer previously condemned property for repurchase at the amount the entity was ordered to pay the owner in the final judgment in the condemnation proceeding through which the entity acquired the property, less any amounts paid by the entity to the property owner as costs of fees, damages to the property resulting from the entity’s temporary possession, or any amount associated with a change in value of the owner’s remaining property, the market value of groundwater rights, any amount paid to the property owner to avoid litigation, or any amount otherwise paid to the property owner for a purpose other than to compensate the owner fro the value of the property condemned.

HB 2906 by Hayes (R-Denton): Amends § 21.047, Property Code, to require the condemnor to pay expenses and fees (in addition to costs) incurred by the property owner if either the commissioners or a court award more than the condemnor offered. Makes the same change with regard to failure of the condemnor to make a bona fide offer.

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. Referred to House Land and Resource Management on 2/28.

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. Referred to Senate Natural Resources/Economic Development on 2/15.

SB 1441 by Springer (R-Muenster): Authorizes the attorney general to initiate an eminent domain proceeding to acquire real property owned by an alien or foreign entity relating to critical infrastructure if the attorney general has reason to believe and shows that the real property is being used in a manner that violates state or federal law or creates a risk to the state’s critical infrastructure. Gives the General Land Office control and management of condemned property.

SB 1481 by Creighton (R-Conroe): Gives the Facilities Commission the power of eminent domain for purposes of acquiring real property for the construction of a border wall.

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. Referred to House State Affairs on 2/23. SB 274 referred to Senate State Affairs on 2/15.

HB 265 by Bernal (D-San Antonio): Amends Chapter 301, Property Code, to prohibit housing discrimination based on sexual orientation or gender identity. Referred to House Urban Affairs on 2/23.

HB 567 by Bowers (D-Dallas)/SB 1356 by Miles (D-Houston): 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. Referred to House State Affairs on 2/23.

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. Referred to House State Affairs on 3/1.

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. Referred to House Higher Education on 3/2.

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.” Referred to House State Affairs on 3/2.

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. Referred to House Higher Education on 3/2.

HB 2600 by Frazier (R-McKinney):  Bars a law enforcement agency from terminating the employment of a peace officer solely because the officer has sought or received mental health care.

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). Referred to House State Affairs on 2/28.

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. Referred to Senate State Affairs on 2/15. HB 1012 referred to House State Affairs on 3/2.

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 employee 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.

SB 569 by Springer (R-Muenster)/HB 2331 by Stucky (R-Wichita Falls): Amends § 22/004. CPRC, to authorize a municipality to impose a fee for the production or certification of a record under a subpoena, request for production, or other instrument related to a matter in which the municipality is not a party. Referred to Senate State Affairs on 2/17.

Judicial Matters/Administration

HB 19 by Murr (R-Junction): The bill:

• establishes a statewide business court with concurrent jurisdiction with a district court in: (1) a derivative action on behalf of a business organization; (2) an action arising out of or related to a “qualified transaction” in which the amount in controversy exceeds $10 million, exclusive of attorney’s fees, costs, interest, penalties, statutory damages, or exemplary damages (“qualified transaction” means a transaction under which a party pays or receives, or is obligated to pay or entitled to receive consideration, or lends, advances, borrows, or receives, or is obligated to lend or advance, or entitled to borrow or receive money or credit”); (3) an action regarding the governance or internal affairs of the organization; (4) an action in which a claim under a state or federal securities or trade regulation law is asserted against an organization, a governing or controlling person or officer of an organization, or an underwriter of securities issued by the organization or its auditor; (5) an action by an organization or an owner or member thereof if the action is brought against an owner, managerial official, or controlling person and alleges an act or omission by that person in the person’s official capacity; (6) an action alleging that an owner, managerial official, or controlling person breached a duty, including a duty of care, loyalty, or good faith; (7) an action seeking to hold an owner, member, or governing person liable for an obligation of the organization; (8) an action in which the amount in controversy exceeds $10 million that arises against, between, or among organizations, governing authorities, governing persons, members, or owners, relating to a contract transaction for business, commercial, investment, agricultural, or similar purposes, or involves violations of the Finance Code or Business & Commerce Code; (9) an action seeking a declaratory judgment or injunctive relief under Chapter 37, CPRC, involving the Business Organizations Code, an organization’s governing documents, or other dispute falling within this subsection; (10) an action arising out of the Business Organizations Code;
• exempts actions brought by or against a governmental entity (unless the entity invokes or consents to the jurisdiction of the business court), personal injury or death claims, claims under the DTPA, the Estates Code, the Family Code, or Title 9, Property Code, unless the parties agree to submit to the jurisdiction of the business court;
• provides that claims within the jurisdiction of the business court may be directly filed there;
• establishes a procedure for removing claims (or parts of claims) not within the jurisdiction of the business court to a county in which the claim could have originally been filed;
• provides a process for removing an action (or parts of actions) from a district or county court to the business court on motion of a party;
• gives the proposed statewide 15^th Court of Appeals exclusive jurisdiction over appeals;
• requires a business court judge to be at least 35 years of age, a U.S citizens, a Texas resident for two years preceding appointment, a Texas licensed attorney with at least 10 years of experience in Texas in practicing complex business litigation or business transaction law, teaching complex business litigation or business transaction law at an accredited Texas law school, or serving as a judge of a Texas civil court (or any combination of the above);
• provides for gubernatorial appointment of seven judges with the advice and consent of the Senate, no more than three of whom may reside in the same county;
• provides for two-year terms with the possibility of reappointment;
• provides a salary equal to the sum of a district judge’s salary and the maximum amount of county contributions and supplements allowed by law to be paid to a district judge;
• provides for filling vacancies, compensation, and removal;
• bars a business court judge from private practice while in office;
• provides for the appointment of visiting judges by the chief justice of the supreme court;
• provides that a party has a right to a jury trial where required by the constitution in the county in which venue is proper under § 15.002, CPRC, or, if the case was removed to the business court, in the county in which the case was originally filed;
• requires a jury trial in a case filed initially in business court to be held in any county of proper venue under § 15.002, as chosen by the plaintiff;
• allows the parties to agree to hold a jury trial in another county;
• requires written opinions unless the court has a well-developed body of law on the issue, is applying its own precedent, or another opinion on the issue will not significantly contribute to the development of the law;
• provides for the central administration of the business court in Travis County, with judges maintaining chambers in the county seat of their county of residence
• allows judges to hold court at any location in the state, as the court determines is necessary or convenient;
• allows parties to appear by remote proceedings;
• authorizes the business court to set filing fees;
• authorizes rulemaking;
• sets January 1, 2025 as the commencement date for the court.

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. Referred to House Judiciary on 2/23.

HB 130 by A. Johnson (D-Houston): Creates six criminal district courts in Harris County. Referred to House Judiciary on 2/23.

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. Referred to House Judiciary on 3/23.

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. Referred to House Judiciary on 2/23.

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. Referred to House Judiciary on 2/23.

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. Referred to House Judiciary on 2/23.

HB 841 by Ordaz (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. Referred to House Judiciary on 3/1.

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. Referred to House County Affairs on 3/2.

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.

HB 2418 by Raney (R-Bryan): Creates the 472^nd District Court in Brazos County with civil family law, and juvenile jurisdiction.

HB 2865 by Raymond (D-Laredo): Amends § 74.003(b), Government Code, to reduce the service requirement for the eligibility of a judge to serve as an assigned judge to a court of appeals from 96 to 72 months. Adds a requirement that the assigned judge certify to the chief justice a willingness not to hear any matter involving a party who is a current or former client of the justice or judge for the duration of the assignment. Limits the certification of willingness not to appear as an attorney in any court to the court to which the judge is assigned. Amends § 74.055(c) to reduce the service requirement for the eligibility of a judge for listing on the list of judges qualified for assignment from 96 to 72 months and makes the same changes with respect to the judge’s certifications as above.

HB 3115 by Morales (D-Eagle Pass): Amends § 74.055, Government Code, to require a former or retired judge, to be eligible for naming on the list of visiting judges, to certify under oath to the presiding judge tht during the 15 years preceding assignment the judge has not been publicly reprimanded by the CJC and the judge did not resign or retire because of a CJC investigation or the judge resigned and was not publicly reprimanded.

HB 3145 by Jetton (R-Richmond): Amends §§ 33.0212 and 33.0213, Government Code, to require Judicial Conduct Commission staff to conduct a preliminary investigation as soon as practicable after a complaint if filed and, upon completion, notify the judge of the complaint, the results of the preliminary investigation, and the staff’s recommendations for action, as well as of the judge’s right to attend each commission meeting at which the complaint is included in the report filed with commission members. Requires staff to file a report with the commissioners no later than 10 days before a scheduled meeting (current deadline is the 120^th day after the complaint is filed) of completed preliminary investigations and recommendations. Requires the commission to finalize the preliminary report not later than 120 days following the date of the first meeting at which a complaint is included in the report. Requires the commission, upon finalizing a report, to give written notice to the judge within 48 hours. Allows an extension of the date of finalizing a report of not more than 240 days (currently 270).

HB 3249 by Johnson (D-Houston): Directs the OCA to conduct a biennial district court workload analysis by collecting information on the 30 most populous counties based on the size of the court systems, number of new case filings, clearance rate in the preceding five years, and other information.

HJR 39 by Vasut (R-Angleton): Amends Art. V, § 1-a(1), Texas Constitution, to repeal the mandatory retirement age for judges. Referred to House Judiciary on 2/28.

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. Reported favorably as substituted from Senate State Affairs on 3/2.

SB 373 by Huffman (R-Houston): Creates an additional county court at law in Waller County. Referred to Senate State Affairs on 2/15.

SB 802 by Hughes (R-Mineola): Raises the base salary of a district judge from $140,000 to $172,494. Referred to Senate Finance on 3/1.

SB 900 by Hughes (R-Mineola): Entitles an appellate justice engaged in the discharge of official duties in a county other than the justice’s county of residence is entitled to reimbursement of traveling and other expenses. Entitles appellate justices to receive from the state the actual and necessary postage, telegraph, and telephone expenses incurred in the discharge of official duties. Referred to Senate Jurisprudence on 3/1.

SJR 54/SB 930 by Middleton (R-Galveston): Prohibits a court from issuing a per curiam opinion. Referred to Senate State Affairs on 3/3.

SB 1045 by Huffman (R-Houston)/HB 3166 by Murr (R-Junction): Establishes the 15^th Court of Appeals district composed of all counties in the state based in Austin and consisting of a chief justice and four justices. Gives the court exclusive jurisdiction over matters brought by or against the state or state agency and employees thereof except for: (1) a proceeding brought under the Family Code; (2) certain proceedings under the Code of Criminal Procedure; (3) a proceeding brought against a district or county attorney with criminal jurisdiction; (4) a proceeding relating to a mental health commitment; (5) a proceeding relating to civil asset forfeiture; (6) a condemnation proceeding; (7) a proceeding brought under Chapter 125, CPRC, to enjoin a common nuisance; (8) a proceeding under Chapter 55, Code of Criminal Procedure (expunction); (9) a proceeding under Chapter 22A, Government Code (3-judge district court); (10) a proceeding under Subchapter E-1, Chapter 411, Government Code; (11) a proceeding under Chapter 21, Labor Code (unfair employment practices); (12) a removal action under Chapter 87, Local Government Code; (14) a proceeding under Chapter 841, Health and Safety Code (sexually violent predators). Further gives the court exclusive jurisdiction over matters in which a party to the proceeding challenges the constitutionality or validity of a state statute or rule and the attorney general is a party and any other matter as provided by law. Provides that the supreme court may not transfer cases out of the 15^th Court of Appeals for docket equalization purposes or transfer cases to that court if it does not have exclusive jurisdiction. Referred to Senate Jurisprudence on 3/3.

SB 1063 by Schwertner (R-Georgetown): Creates the 365^th Judicial District in Bastrop County. Referred to Senate Jurisprudence on 3/3.

SB 1069 by Kolkhorst (R-Brenham)/HB 2998 by Hunter (R-Corpus Christi): Expands the jurisdiction of the county court at law of Aransas County to civil cases in which the amount in controversy exceeds $250,000. Referred to Senate Jurisprudence on 3/3.

SB 1092 by Parker (R-Flower Mound): Amends § 22.002, Government Code, to give the supreme court original jurisdiction to issue writs of quo warranto and mandamus to correct any error in a court of criminal appeals’ decision finding a statute, rule, or procedure unconstitutional. Further provides that a decision of the court of criminal appeals finding a statute, rule, or procedure in violation of the federal constitution is not final until either the 60^th day after the decision or the denial or dismissal of a petition filed with the supreme court.

SB 1196 by Hughes (R-Mineola)/HB 2930 (R-Jacksboro): Provides that the supreme court has appellate jurisdiction to finally resolve a conflict between the supreme court and court of criminal appeals regarding the interpretation of a provision of the Texas Constitution on the submission of a writ of certiorari to the court by a party to any proceeding in any court in the state or certification of a question of law from any federal court.

SB 1245 by Huffman (R-Houston): Makes prospective changes to the Judicial Retirement System Plan Two to allow judges who took office after September 1, 2024 and who were not already members of the system to apply for a cash balance annuity based on certain age and service requirements.

SB 1259 by Creighton (R-Conroe)/HB 2381 by Vasut (R-Angleton): Amends § 92.0563, Property Code, to raise the amount of a judgment that may be awarded by a justice court, including an order for repair of residential real property, from $10,000 to $20,000.

SB 1301 by Hughes (R-Mineola): Directs ERS to recompute the annuities of judges who retired before September 1, 2019 as if the retiree’s salary on the date of retirement was that of a judge or justice who has eight years and one day of service as of September 1, 2019 and is of the same classification as the last court to which the retiree was elected or appointed.

SB 1432 by Hughes (R-Mineola): The omnibus court bill. The bill:

• Entitles an appellate justice engaged in the discharge of official duties in a county other than the justice’s county of residence is entitled to reimbursement of traveling and other expenses. Entitles appellate justices to receive from the state the actual and necessary postage, telegraph, and telephone expenses incurred in the discharge of official duties.
• Creates new district courts in Denton, Collin (2 courts, one civil, one family law), Bastrop, and Brazos Counties.
• Adds district, criminal district, or county attorneys to the state base salary calculation for judges and justices.
• Expands jurisdiction of the Grayson County county court at law to include concurrent jurisdiction with the district court in family law cases.
• Converts Montgomery County Court at Law No. 2 to a statutory probate court and gives it jurisdiction over eminent domain proceedings. Allows remote proceedings without the consent of the parties.
• Creates a second statutory probate court in Travis County for mental health matters.
• Creates a new county court at law in Waller County.
• Creates a second multicounty court at law for Bee, Live Oak, and McMullen Counties.
• Requires JPs to report annually to the Ethics Commission the total amount of fees, commissions, and payments received during the year.
• Raises the jurisdictional limit for justice courts from $10,000 to $20,000.
• Authorizes the Grayson County commissioners court to allow the district and statutory county court judges to appoint part-time or full-time criminal magistrates.
• Specifies the reasons for which an administrative region presiding judge may appoint a visiting associate judge.
• Exempts a county official or employee while transacting county business from paying fees for the issuance of transcripts if the county maintains court reporting equipment for the court.
• Exempts a party from providing or paying for an interpreter unless another party contests a statement of inability to afford payment and the court orders the party to pay the costs.

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. Referred to Senate Jurisprudence on 3/1.

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. Referred to House Judiciary on 2/23.

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-Allen): 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-Allen): Amends § 62.106(a), Government Code, to raise the minimum age for a jury exemption from 70 to 75.

HB 2567 by Allison (R-San Antonio): Creates Probate Court No. 3 in Bexar County.

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. Referred to House Higher Education on 2/23. SB 174 referred to Senate Subcommittee on Higher Education on 2/15.

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. Referred to House Higher Education on 3/2.

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. SB 604 referred to Senate Natural Resources/Economic Development on 2/17.

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.

HB 2874 by Smithee (R-Amarillo): Amends § 552.323, Government Code, to require an intervening requestor of public records to recover attorney’s fees if the intervening requestor substantially prevails.

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 31^st 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 31^st 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. Referred to House Environmental Regulation on 2/28.

HB 791 by Harrison (R-Midlothian)/SB 1320 by Sparks (R-Midland): 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. Referred to House Judiciary on 2/28.

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. Referred to Senate Natural Resources/Economic Development on 2/15.

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. Referred to House Environmental Regulation on 3/2.

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. Referred to House Environmental Regulation on 3/2.

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. Referred to House Environmental Regulation on 3/2.

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. Referred to House Environmental Regulation on 3/2.

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. Referred to Senate Finance on 2/17.

HB 2712 by Schaefer (R-Tyler): Requires state agencies to readopt, amend, or repeal a previously adopted rule that incorporates by reference a document that is not another law or policy of the state and that, as a result of an amendment to such a document, expands the agency’s regulatory authority or imposes an economic burden on the regulated community.

HB 3084 by Harrison (R-Midlothian): Amends § 2001.0045(c), Government Code, which requires an agency adopting a rule that increases costs to also repeal or amend a rule to reduce costs by the same amount, to eliminate the exceptions to the requirement for federal funds, compliance with federal law, protecting water resources, protecting health, safety, and welfare, DFPS, TDMV, Parks and Wildlife, PUC, TCEQ, and Racing Commission rules, and self-directed semi-independent agency rules.

SB 845 by Blanco: Repeals §§ 382.0216(f) and (h), Health and Safety Code, which authorizes TCEQ by rule to establish an affirmative defense to a commission enforcement action for excessive emissions events. Referred to Senate Natural Resources/Economic Development on 3/1.

SB 1432 by Hinojosa/HB 2778 by Leach (R-Allen): Makes numerous changes to the State Office of Administrative Hearings. Authorizes the chief administrative law judge to appoint one or more deputy chief administrative law judges. Directs SOAH to use the technology standards of DIR and the judicial committee on information technology. Authorizes an ALJ assigned to preside over a contested case or ADR proceeding to order the use of videoconferencing technology to conduct proceedings. Authorizes SOAH to deliver a decision or order using an electronic filing system.

SJR 57 by Parker (R-Flower Mound): Adds § 2, Art. II, Texas Constitution, to authorize the legislature to prescribe a process for legislative review of rules adopted by executive branch agencies and to block the governor from vetoing legislation approving or rejecting any part of an adopted rule.