Texas Legislative Watch
Texas' 81st Regular Session wrapped up in June 2009. LAT worked diligently for its members. Through our relationships with state legislators, LAT coordinated the writing and passage of HB 669 which better defines what is considered to be a fraudulent lien and allows typographical or technical errors in lien filings to be corrected and the lien re-filed with no financial penalty. HB 669 was signed by the Governor and became law September 1, 2009.
1,306 bills have gone or will go into effect by January 1, 2010. The following are a list of bills that are directly related to LAT members. For more information or to read the text of each bill, visit www.legis.state.tx.us. For a printable list of these bills, click here.
| HB 394 |
This bill requires the governor, when awarding grants from the Texas Enterprise Fund, to consider existing small businesses within the state that would use the funds to create additional jobs or small businesses from outside the state that commit to relocate to Texas. This bill defines a small business as a for-profit legal entity, including a corporation, partnership, or sole proprietorship, independently owned and operated with less than 100 employees. |
| HB 875 |
This bill stipulates that a person who places or commissions the placement of a sign on the right of way of a public road that is not otherwise authorized by law may be liable for a civil penalty. A district or county attorney or a municipal attorney in the jurisdiction in which the placement of a sign on the right of way of a public road is alleged to have occurred may sue to collect the penalty. |
| HB 2082 |
Current law authorizes a municipality with a population of less than 250,000 to give preference to local bidders in awarding a contract in any amount, as long as the bid is within 5% of the lowest bid. This bill amends the Local Government Code to limit this authority to contracts in amounts less than $100,000. |
| HB 55 | This bill prohibits the operator of a motor vehicle from using a wireless communication device within a school crossing zone unless the vehicle is stopped or the wireless communication device is used with a hands-free device. If a municipality, county, or other political subdivision enforces this law, they must also post a sign indicating such. |
| HB 669 | This bill amends the Civil Practice and Remedies Code to exempt a person claiming a mechanic's, contractor's, or materialman's lien from liability for making, presenting, or using a fraudulent document or other record in connection with the assertion of a lien or claim filed against real or personal property unless the person acts with intent to defraud. |
| HB 1513 |
This bill amends the Property Code provisions relating to construction contract trust funds to specify that a fee payable to a contractor is not considered trust funds if, in addition to other criteria, the fee is earned as provided by the contract between the contractor and the property owner and, as an alternative to being paid to the contractor, is disbursed from a construction account. |
| HB 1633 | This bill requires a court to order a defendant convicted of a graffiti offense to make restitution with a property owner or political subdivision, requiring a certain number of community service hours based on the pecuniary loss resulting from the offense. |
| HB 2547 | This bill amends the Labor Code to authorize a treating doctor, in facilitating the return of an employee back to employment as soon as the doctor considers it safe and appropriate, to request that the injured employee's employer provide the doctor with certain information concerning the employee's job on a standardized form. This law is only applicable to an employee of an employer with 10 or more employees. |
| HB 2667 | This bill requires manufacturers of water use devices to begin providing products that use less water. |
| HB 2985 | This bill requires TxDOT to revoke or deny a registration issued to any for-hire motor carrier whose required registration with the FMCSA is denied, revoked or suspended. |
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HB 3433 SB 1759 |
These bills require TxDOT to develop a registration system for companies with fleets of vehicles (25 or more) for up to eight years to consolidate the vehicles' registrations as an alternative to registering each vehicle separately each year. |
| SB 589 | This bill amends the Transportation Code to require a sunscreening device that is placed on or attached to the windshield or a side or rear window of a motor vehicle to have a label that states that the light transmission of the device is consistent with requirements exempting a windshield or other window with a sunscreening device from a misdemeanor offense relating to restrictions on windows of a motor vehicle. |
| SB 627 | This bill relates to and expands criminal history background checks required by companies who provide in-home service or residential delivery to a person's principal or ordinary home or dwelling placed and includes any garage attached to the home or dwelling place; and any construction area that is attached to and accessible from the inhabited area or the attached garage of the home or dwelling place. |
| SB 1199 | This bill amends the Tax Code to establish that a religious, educational, or public service organization, for purposes of obtaining a refund or claiming a credit for sales and use taxes on the basis of its exemption, is not considered exempted from such taxes before the earlier of the date it applied for the exemption with the comptroller or the date of assessment of the organization's tax liability as a result of an audit. The bill entitles a seller to a credit or reimbursement equal to the amount of sales and use tax refunded to a purchaser when the purchaser receives a full or partial refund of the sales prices of a returned taxable item. |
| HB 523 |
This bill amends the Business and Commerce Code to prohibit a person from printing an individual's driver's license number on a receipt that evidences payment for a sale of goods or services and is provided to the individual. |
| HB 3065 | This bill relates to municipal registration of vacant buildings in a county with a population of 1.5 million or more. Municipalities may adopt an ordinance requiring owners of vacant buildings to register their buildings by filing a registration form with a designed municipal official. |