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Governor Abbott called for three special sessions after the 87th Regular Session. The First Called Special Session began on July 8th and while the Senate was able to conduct business, the House did not have a quorum so ultimately no legislation passed both chambers during that session. The House achieved quorum for the Second Called Special Session which began on August 7th and the Third Called Special Session which began on September 20.

Of note, the vaccine mandate legislation that was called for in the 3rd Special Session was not passed or taken to the floor in either chamber.

Legislation in the Senate (SB 51) and similar legislation in the House (HB 155) met with opposition from certain Texas business groups. On the Senate side, businesses echoed concerns of costly litigation and the enforcement mechanism in bill language. In the House, members heard concerns that HB 155 could expose businesses to broad civil liability and complicate established vaccine exemptions for health care providers.

Both chambers heard concerns during public testimony on how the bills would interact with potential federal regulations and laws.

The list below includes bills or constitutional amendments resolutions that passed both chambers and were sent to the Governor.

Upon receiving a bill, the governor typically has 10 days in which to sign or veto the bill. However, if the Legislature has adjourned sine die, or if the bill was sent to the governor less than 10 days prior to final adjournment, the Governor has 20 days after the final day of the session to sign or veto the bill. If neither action is taken, the bill becomes law without the Governor’s signature.

ARPA Funding

On the call for the 3rd Special Session was legislation relating to the $16 billion in funding flowing to the state through the American Rescue Plan Act (ARPA). The funding was subject to certain restrictions, including requirements to spend dollars only on state entities or established state accounts.

The House chamber moved three bills to address the funding but after conference committee negotiations on SB 8, the bill became the vehicle for moving all the APRA funding flowing to the state. As SB 8 was moving bill author and Finance Chair Jane Nelson asked members to consider if funding would be one time or ongoing expenses as well if there were federal funds in another bucket that was available. SB 8 was passed by both chambers hours before Sine Die.

The fiscal note addresses there would be a cost of $13.3 billion to the Coronavirus Relief Fund 325. The bill would appropriate the following funds:

TEXAS WORKFORCE COMMISSION

  • $7.2b for unemployment compensation fund to pay back outstanding advances and to bring the balance of the fund to the statutory floor.

OFFICE OF THE GOVERNOR

  • $180m for tourism & hospitality, to implement a new tourism, travel, and hospitality grant program for a two-year period. Priority will be given to potential grantees that have not received direct federal aid and it is intended that each authorized grant awarded does not exceed $20k.
  • $160m for crime victims funds and programs.
  • $1.2m for new IT system for children’s advocacy centers.

BROADBAND INFRASTRUCTURE

  • $500.5m for broadband infrastructure, $75.0 million of which is to be used for the Texas broadband pole replacement program.

HEALTH COSTS

  • $2b for reimbursement for hospital surge staffing, purchasing therapeutic drugs, and operation infusion centers; will be available through the end of 2022.
  • $380m for critical staffing for nursing facilities, assisted living, etc., establishing HHSC to administer one-time grants and report annually on these grants.
  • $21.7m to DSHS for the purpose of providing funding for emergency medical response service staffing which includes recruiting & training EMS personnel in rural & underserved areas.
  • $75m for grants from HHSC to support rural hospitals affected by COVID-19.
  • $25m for creating a consolidated internet portal for CHIP and provide technology upgrades for Medicaid eligibility systems.
  • $16.7m for medical lab capacity in South Texas.
  • $20m for use during a two-year period for the Federally Qualified Health Center Incubator Program.

HIGHER EDUCATION RESEARCH INITIATIVES

  • $40m for Texas Epidemic Public Health Institute.
  • $1m for Disaster Resiliency Institute at Texas A&M University.

BEHAVIORAL HEALTH INITIATIVES

  • $113m appropriated to the Texas Higher Education Coordinating Board (THECB) for purposes of supporting the operations and expansion of the Texas Child Mental Health Care Consortium. Funding is also included for enhancements and expansion of the Child Psychiatry Access Network, Texas Child Access through Telemedicine program, expansion of the child and adolescent mental health workforce and an additional $3.2m to the Consortium for oversight and evaluation of initiatives.
  • $237m for constructing the Dallas State Mental Health Hospital.
  • $15m for expanding capacity at Sunrise Canyon Psychiatric Hospital.
  • $40m for Permian Basin Behavioral Health Center.

STATE FACILITIES

  • $300m for Texas Department of Emergency Management (TDEM) to acquire land and construct a State Operations Center.
  • $25m for State Preservation Board facilities.
  • $100m for the Bob Bullock Museum.
  • $35m to upgrade ventilation at veteran’s homes.

OFFICE OF THE ATTORNEY GENERAL

  • $54m for the Crime Victim Compensation Fund.
  • $16m to address court fees revenue shortfall.
  • $52m to replenish the sexual assault fund.

TEXAS HIGHER EDUCATION INVESTMENTS

  • $325m for debt service for over $3b in capital construction assistance projects at institutions of higher education.
  • $20m to establish a performance-based funding for at-risk students at comprehensive regional universities.
  • $15m to operate the Texas Reskilling and Upskilling (TRUE) program.
  • $100m in institutional enhancements for Texas Tech University and the University of Houston (split evenly).

DEPARTMENT OF AGRICULTURE

  • $95m to provide supplemental funding to foodbanks during a two-year period.
  • $5m to provide funding for home-delivered meals.

CYBERSECURITY AND OTHER TECHNOLOGY UPDATES

  • $200m for cybersecurity projects funded through the Department of Information Resources.
  • $150m for Next Generation 9-1-1 Services.

PROTECT TEXAS RETIRED TEACHERS

  • $286m to TRS to cover COVID-related healthcare claims, avoids premium increases due to COVID & allows premium holiday for retired teachers.

COMPENSATION FOR CRIMINAL JUSTICE EMPLOYEES

  • $359m to the Department of Criminal Justice for the purpose of providing compensation for agency employees; these federal funds replace state funds appropriated for this purpose in the regular session.

Property Taxes

Governor Abbott put on all three calls legislation that would provide additional property-tax relief. It was also Lt. Governor Patrick’s top priority for the 3rd Special Session.

As such during the 3rd Special Session both chambers had different approaches to property tax relief. The Senate proposed reducing the MCR tax rates for one year in tax year 2022 and the House proposed sending checks to homeowners. Both chambers came to a compromise on how to offer some property tax relief by permanently increasing the mandatory homestead exemption for school districts from the current $25,000 to $40,000. If the constitutional amendment set for the May ballot passes, this will take effect beginning in 2022 tax year. The legislature also stated they provided for a hold harmless for taxes lost on both the M&O and the I&S side.

Specifically, the bill would amend the Education Code to entitle districts to additional state aid (ASAHE) to the extent that a district’s combined state and local revenue used to service eligible debt after the homestead exemption increase would be less than the state and local revenue that would have been available for debt service had the homestead exemption not increased.

The bill would further entitle districts to ASAHE to the extent that combined state and local FSP revenues for maintenance and operations (M&O) with the increased homestead exemption would be less than the district’s combined state and local revenue for M&O had the homestead exemption not increased.

The Comptroller of Public Accounts assumes the provisions of the bill would result in a statewide decrease of $52.3 billion in taxable property values for fiscal year 2023, a decrease of $53.3 billion for fiscal year 2024, increasing to a reduction of $55.5 billion for fiscal year 2026. Applying these property value decreases to the FSP model results in an estimated cost to Foundation School Fund No. 193 (General Revenue) of $355.3 million in fiscal year 2023, $386.4 million in fiscal year 2024, increasing to $436.6 million in fiscal year 2026. Additionally, the model projects Recapture Payments­ Attendance Credits would be reduced by $84.0 million in fiscal year 2023, $79.7 million in fiscal year 2024, increasing to $116.8 million in fiscal year 2026.

During floor discussion on SB 1, the enabling legislation for SJR 2, bill author Sen. Paul Bettencourt said this tax relief taken with additional tax relief provided during the 2nd Called legislature is more than property tax relief, the legislature “has provided property tax cuts.”

During the 2nd Called Special Session the legislature passed:

SB 8 (Bettencourt) relating to a residence homestead ad valorem tax exemption was passed during the 2nd Special Session. The bill amends the Tax Code to authorize a person who acquires property after January 1 of a tax year to receive a residence homestead property tax exemption, other than an exemption for an adult who is disabled or 65 years of age or older, for the applicable portion of that tax year immediately on qualification for the exemption if the preceding owner did not receive the same exemption for that tax year. Among other provisions, the bill requires that a person who qualifies their property for an exemption after paying the taxes due on the property be refunded any amount of taxes paid that exceeded the tax due after accounting for the exemption.

Additionally, the bill amends the Education Code to provide for how the amount of taxes refunded factor in with respect to the public school financial accountability rating system and the tier two allotment and to entitle a school district to state aid for each school year in an amount equal to the amount of all of the tax refunds.

SB 8 was signed by the Governor on 9/17 and will be effective January 1, 2022.

SB 12 is enabling legislation for SJR 2. The bills taken together amend the Education Code, Government Code, and Tax Code to provide for the reduction of the amount of the limitation on the total amount of property taxes that may be imposed by a public school district on the residence homestead of an elderly or disabled individual to reflect any reduction from the preceding tax year in the district’s maximum compressed tax rate. Among other provisions, the bill entitles a district that is not fully compensated through state aid or the calculation of excess local revenue as part of the foundation school program based on the determination of the district’s taxable value of property to additional state aid in the amount necessary to fully compensate the district for the property tax revenue lost due to the reduction. The bill takes effect January 1, 2023, but only if Senate Joint Resolution 2 is approved by voters.

SB 12 and SJR 2 were signed by the Governor on 9/17.

Redistricting

Governor Abbott put Redistricting along with a number of items on the initial 3rd Special Session call. Redistricting takes place every ten years after the Census Bureau releases population data in order for states to account for changes during their redistricting processes. Starting in the 87(R), both the House and Senate Redistricting Committees held hearings to receive input from the State Demographer and the public concerning population changes and communities of interest in different parts of the state. Due to the delays in the Census count due to the Pandemic in 2020, the Census Bureau was unable to send the data as it would normally during the 87th Regular Session. The data was sent to Texas and was accessible for use on September 1. The House and the Senate were responsible for drawing district maps for their respective chambers. The Senate was additionally tasked with drawing new maps for the members of the State Board of Education and the U.S. Congressional Delegation. As noted by both chairs of the House and Senate Redistricting committees, the House and the Senate do not typically put amendments on each other’s district maps.

HB 1 (Hunter) (PLANH2316), the House’s redistricting plan, passed out of its initial chamber after 17.5 hours of debate and 39 additional amendments. The current partisan breakdown of the House is 83 Republicans and 67 Democrats. The new map creates 85 districts that would have favored Trump in 2020 and 65 that would have favored Biden.

The plan pairs the following incumbents:

  • HD7 – Reps. Jay Dean (R-Longview) and Chris Paddie (R-Marshall) – Paddie is retiring
  • HD9 – Reps. Trent Ashby (R-Lufkin) and James White (R-Hillister) – White is running for statewide office
  • HD12 – Reps. Kyle Kacal (R-College Station) and Ben Leman (R-Iola) – Leman is retiring
  • HD19 – Reps. Kyle Biedermann (R-Fredericksburg) and Terry Wilson (R-Marble Falls)
    • Biedermann has indicated he will not run in HD73 and “whatever public service position I run for next will be close to my home (in Gillespie County)
    • Wilson said he would run in reconfigured HD20, which sits entirely within Williamson County
  • HD26 – Reps. Jacey Jetton (R-Angleton) and Phil Stephenson (R-Wharton)
  • HD61 – Reps. Phil King (R-Weatherford) and Glenn Rogers (R-Graford) – King is running for Senate
  • HD63 – Reps. Michelle Beckley (D-Carrollton) and Tan Parker (R-Flower Mound) – both are seeking other offices
  • HD77 – Reps. Claudia Ordaz-Perez (D-El Paso) and Lina Ortega (D-El Paso)
  • HD108 – Reps. Morgan Meyer (R-Dallas) and John Turner (D-Dallas) – Turner is retiring

The plan places the following incumbents into districts that would be friendlier to the other party:

  • Ryan Guillen (D-Rio Grande City) – 59% Republican
  • James Talarico (D-Round Rock) – 56% Republican
  • Jeff Cason (R-Bedford) – 38% Republican

SB 4 (Huffman) (PLANS2168) is the Senate’s redistricting plan. Huffman noted redistricting maps were drawn blind to race and after they were drawn, they underwent a legal overview to check compliance with current law. One of the bigger changes to the plan is the addition of seven rural and exurban counties to SD10, which is currently contained entirely in Tarrant County and is currently represented by Sen. Beverly Powell (D-Fort Worth). This would shift the partisan makeup from its current 18 Republican 13 Democrat split to 19 Republican and 12 Democrat. The map only pairs two incumbents, Sens. Dawn Buckingham (R-Lakeway) and Donna Campbell (R-New Braunfels). Sen. Buckingham is running for another statewide office. Sens. Sens. Chuy Hinojosa (D-McAllen), Eddie Lucio Jr. (D-Brownsville) and Judith Zaffirini (D-Laredo) voted in favor of the plan while Sen. Kel Seliger (R-Amarillo) voted against the plan.

SB 6 (Huffman) (PLANC2193), the Congressional redistricting plan, incorporates the two new congressional seats in the Houston and Austin areas. The current delegation consists of 23 Republicans and 13 Democrats. The new map increases the number of districts that would have voted for Trump in 2020 from 22 to 25.

The conference committee report for SB 6 made some compromises between the House and Senate versions of the bill. The CCR removes an amendment added in the House that would have impacted CDs 10, 15, 27, 28 and 35. It retains an amendment put on in the House which realigns CD18 closer to its current configuration and unpairs U.S. Reps. Sheila Jackson Lee (CD18) and Al Green (CD9). The plan retains a House amendment which draws U.S. Rep. Vicente Gonzalez’ (CD15) residence into CD34. The CCR made a compromise between the House and Senate drawings concerning Ft. Bliss. A portion of Ft. Bliss remains in CD16 as it currently stands, and another portion has been split into CD23. The conference report additionally retains the following House amendments:

  • Moves some neighborhoods including White Lake Hills back into CD33, where they are currently;
  • Includes changes to Northeast Texas;
  • Draws Rep. Toth’s residence into CD8;
  • Makes Brazos County whole in CD10 rather than CD17 taking a portion out; and
  • Draws Rep. Martinez Fischer’s residence into CD35.

SB 7 (Huffman) (PLANE2106), the SBOE redistricting plan, adjusts the board’s partisan breakdown. Currently the 15-member board is made up of 9 Republicans and 6 Democrats. However, 7 of those districts voted for Biden in 2020. Under the new proposal, Biden would have only won 6 of those districts. While it was on the floor, the House added an amendment onto this Senate-drawn proposal that would have moved Friendswood into SBOE District 7. However, before the bill was sent back to the Senate, the amendment was stripped off.

The bills and their corresponding plans have been sent to the Governor and upon his signature, the maps will be effective January 16, 2022.

During floor and committee debate on all of the redistricting plans, Democrats argued that the plans do not capture the population growth of people of color in the state. On October 18, before the CCR for SB 6 was adopted, the League of Latin American Citizens and other plaintiffs filed a federal lawsuit challenging the redistricting plans on the basis that they “unlawfully dilute the voting strength of Latinos.”

Education

Civics Instruction

During the 87th Regular Session HB 3979 passed out of the regular session requires The bill prohibited compelling a teacher for any social studies course in the required curriculum to discuss a particular current event or widely debated and currently controversial issue of public policy or social affairs but requires a teacher who chooses to do so to strive to explore the topic from diverse and contending perspectives without giving deference to any one perspective. The bill set out additional prohibitions relating to social studies curriculum and instruction.

When Governor Abbott signed the bill in June he noted it was a strong move to abolish critical race theory in Texas but more must be done – so he added the item to a special session agenda. The item was on the 1st Special Session but since bills did not pass out of that session, the item came back for the 2nd Special Session.

SB 3 was passed out of the 2nd Special Session and amends the Education Code to require the State Board of Education, in adopting state curriculum standards for kindergarten through grade 12 social studies, to include specified essential knowledge and skills that develop each student’s civic knowledge. Also required is the commissioner of education to establish civics training programs for teachers and administrators with the assistance of a civics training program advisory board created by the bill. The agency estimated the cost to develop and implement the training program would be approximately $14.625 million annually beginning in fiscal year fiscal year 2023.

The bill prohibits for all grades and courses “inculcation” in certain concepts. It prohibited compelling a teach to discuss a widely debated and controversial issue of public policy or social affairs but now it applied to a teacher in any course and requires a teacher who chooses to do so to explore the issue objectively and in a manner free from political bias.

SB 3 was signed by the Governor on 9/17 and will be effective December 2, 2021.

TRS Payments

During the 1st and 2nd Special Session there was focus on a 13th check. SB 7 was finally passed during the 2nd Called Session which provides a one-time supplemental payment of benefits under the Teacher Retirement System of Texas. Specifically, it would provide a onetime supplemental payment to certain Teacher Retirement System (TRS) annuitants as of December 31, 2020. The payment would be the lesser of the annuitant’s current monthly benefit or $2,400 and would be payable not later than January 2022.

SB 7 was signed by the Governor on 9/09.

School Bus Drivers

SCR 3 was passed out of the 3rd Special Session and would urge Congress to pass legislation that would grant licensing authority for public school bus drivers to the states. The concurrent resolution notes that students rely on school buses for safe transportation, and many school districts have experienced difficulty in keeping up with this demand due to federal licensing requirements that have exacerbated the shortage of school bus drivers. It further states that many school districts consider CDL requirements to be a major factor in their ability to recruit and retain bus drivers.

SCR 3 was sent to the Governor for signature on 10/18.

UIL Athletic Biological Sex

On all three calls issued by Governor Abbott was a call for legislation that would disallow a student from competing in University Interscholastic League athletic competitions designated for the sex opposite to the student’s sex at birth.

HB 25 was passed during the 3rd Special Session. The House version had a definition for biological sex which meant the “physical condition of being male or female as determined by the sex organs, chromosomes, and endogenous profile of the individual at birth but in Senate floor discussions an amendment was offered to remove the definition.

HB 25, as finally passed, would prohibit interscholastic athletic teams sponsored or authorized by school districts or open-enrollment charter schools from allowing a student to compete in a competition designated for the biological sex opposite to the student’s as correctly stated on the student’s official birth certificate, or if the birth certificate was unobtainable, another government record. The birth certificate’s statement of biological sex would be considered correct if it had been entered at or near the person’s birth, or changed to correct a clerical error. Such teams could allow female students to compete in an athletic competition designated for male students if a corresponding competition for female students was not offered or available. The University Interscholastic League (UIL) would have to adopt rules to implement the bill, subject to approval by the education commissioner.

The bill was signed by the Governor on 10/25.

Virtual Learning

SB 15 amends the Education Code to authorize a public school district or open‑enrollment charter school to provide off-campus electronic courses or an off‑campus or hybrid instructional program and to authorize, subject to certain conditions, the continued operation of a full-time virtual program that was operated during the 2020‑2021 school year. The bill provides for the inclusion of students enrolled in such courses and programs in the district’s or charter school’s average daily attendance count for state funding purposes.

The bill authorizes a district or charter school that meets a specified performance rating threshold to operate a local remote learning program. The bill sets out requirements for the program and for program courses. SB 15 provides for the satisfaction of internship requirements for educator certification through a local remote learning program or the state virtual school network and requires the commissioner of education to establish an asynchronous progression funding method for certain special-purpose districts. The bill’s provisions expire September 1, 2023.

Violence

SB 9, passed during the 2nd Special Session, amends the Education Code to require a local school health advisory council to recommend appropriate grade levels and curriculum for instruction regarding child abuse, family violence, dating violence, and sex trafficking, provided that the recommendations do not conflict with state curriculum standards. The bill provides for the manner in which a public school district must make all curriculum materials used in or proposed for the instruction available to parents and to the public, as applicable. The bill requires a district board of trustees to adopt a policy establishing the adoption process for the curriculum materials and sets out related requirements. The bill requires a district to provide certain written parental notification of the district’s decision regarding the provision of the instruction and makes prior parental consent a condition of the instruction.

SB 9 requires a district’s dating violence policy to include specified information and requires the district to make certain dating violence resources and educational materials available to students.

The bill was signed by the Governor 9/17 and is effective December 2, 2021.

Dog Restraint Legislation

Gov. Abbott vetoed SB 474 which has passed out of the 87th Regular session arguing that Texans want to outlaw true animal cruelty but listed several objections on bill language with concern of over-criminalization. However, Abbott did place this issue on the 3rd Special Session calling for a bill that addressed the concerns expressed in his original veto language.

SB 5 seeks to revise dog restraint requirements to ensure that dogs are restrained in a humane manner while minimizing the burden of compliance on owners. It was implied that the bill had multiple stakeholders who agreed to the legislation before it was brought to the House floor. The bill did pass out of the House with one amendment by Rep. Schaefer which allowed for a chain restraint of a certain dog as long as the weight and gauge does not harm the dog. However, the Senate refused to concur with the added amendment and went to conference with the House. The conference committee report removed the added amendment and brought it back to both chambers where the bill was finally passed.

The bill was signed by the Governor on 10/25.

Elections

During the Regular Session, discussions on the omnibus elections bill, SB 7, were halted after a loss of quorum in the House on May 30th. Governor Abbott then included election integrity legislation in the 1st and 2nd Special Session agendas, and Senator Bryan Hughes filed SB 1 during the 2nd Special Session on August 6th. After the House regained quorum on August 19th, SB 1 proceeded to move through both chambers.

SB 1 included many of the provisions originally in SB 7, including increased access and protections for poll watchers, defined hours for early voting, requiring employers to provide leave for employees to vote in certain situations, prohibiting 24-hour and drive-thru voting, expanding election code violations for ballot harvesting, and establishing new violations for certain actions by election officials. SB 1 was signed by the Governor on September 7th and is set to be effective on December 2nd, 2021.

On September 30th, the Governor added increasing penalties for illegal voting to the 3rd Special Session agenda, referencing a penalty for illegal voting that had been reduced in SB 1. During a Senate State Affairs hearing on October 4th, Senator Hughes filed SB 10 which reverted the illegal voting penalty and removed an offense for attempted election fraud. SB 10 passed the Senate on October 5th and was referred to House Constitutional Rights & Remedies on October 6th, but ultimately did not pass.

Bail

During the 87th Regular Session, the House and Senate discussed bail reform package filed by Representative Andrew Murr in HB 20 and Senator Joan Huffman in SB 21. HB 20 was passed by both the House and Senate and was sent to conference, but the House lost quorum before a vote was taken to adopt the conference committee report. Bail reform was then included by Governor Abbott in the 1st and 2nd Special Session agenda items and Senator Huffman filed SB 6.

SB 6 by Senator Huffman was passed by the Senate in the opening days of the 2nd Special Session on August 9th and by the House on August 30th after a quorum was present in the House. SB 6 establishes a list of offenses for which personal recognizance bonds are denied, directs the Office of Court Administration (OCA) to develop a public safety report system, and requires magistrates to consider the public safety report before setting bail. SB 6 also establishes timelines for setting bail, establishes an affidavit process for defendants unable to post bail, and directs OCA to develop a training program on magisterial duties. SB 6 is set to be effective on January 1, 2022.

Senator Huffman also filed SJR 3 during the 2nd Special Session, a related constitutional amendment proposal that would have authorized judges or magistrates to deny bail for certain sexual, violent, or trafficking offenses, as well as require the least restrictive conditions when setting bail. SJR 3 was adopted by the Senate during the 2nd Special Session, but failed to meet the required 100 vote threshold in the House. A refile of the proposal, SJR 1, also failed to meet the vote threshold during the 3rd Special Session.

Border Security

Governor Abbott made border security funding a priority for the 1st and 2nd Special Sessions. The Governor launched Operation Lone Star in March 2021 to “help secure the border and combat the smuggling of people and drugs in Texas.” The Governor expanded the mission shortly after its launch to include anti-human trafficking efforts. Governor Abbott’s plan to secure the border also includes strategic fencing, barriers, and the construction of a border wall.

During the 2nd Special Session the legislature passed HB 9 (Bonnen) which provides an additional $1.8 billion in state funding for border security over the next two years. The bill includes reporting requirements and would appropriate the following funds:

  • $32.5m to the Office of Court Administration for court costs
  • $301.0m to the Texas Military Department for additional personnel
  • $154.8m to the Department of Public Safety for Operation Lone Star surge costs, replacement tactical marine units, and additional intelligence personnel; $273.7 million to the Texas Department of Criminal Justice for increased corrections costs
  • $214,785 to the Texas Commission on Jail Standards for employee overtime and travel costs
  • $1.02b for barrier construction, local grants, and establishing processing centers
  • $3.75m for Border Prosecution Unit funding; and
  • $16.4m to the Texas Department of State Health Services for contracted ambulance services.

HB 9 was signed by the Governor on 9/17 and was effective immediately.

Radioactive Waste

Governor Abbott put legislation that further limits the ability to store and transport high-level radioactive materials in the state as an agenda item in the 1st and 2nd Special Sessions after similar legislation failed to pass during the 87th Regular Session.

During the 2nd Special Session the legislature passed HB 7 (Landgraf) which amends current law by prohibiting the Texas Commission on Environmental Quality from issuing a permit for the construction or operation of a facility that is licensed for the storage of high-level radioactive waste. HB 7 amends the Health and Safety Code by adding a prohibition of disposing or storing high-level radioactive waste. The bill provides for an exception for a facility located at the site of currently or formerly operating nuclear power reactors and currently or formerly operating nuclear research and test reactors operated by a university.

HB 7 was signed by the Governor on 9/9 and was effective immediately.

Higher Education

HB 133 was brought up in the 3rd Special Session, elating to education benefits at public institutions of higher education for certain survivors of public servants. The bill was read for the first time on 10/15, passed off the House floor on 10/17, and passed out of the Senate chamber on 10/18.

State law provides tuition benefits for surviving spouses and children of certain public servants but surviving children who may be college students over 18 years of age are ineligible for these benefits, this bill will address the issue by amends current law relating to education benefits at public institutions of higher education for certain survivors of public servants.

The bill was signed by the Governor on 10/25.

SB 52 by Senator Brandon Creighton authorized the issuance of $3.3 billion in capital construction revenue bonds for higher education institutions. SB 52 was filed on October 12th, eight days before the final deadline of the 3rd Special Session, and was voted out of Senate Higher Education on October 14th. Governor Abbott added higher education improvements to the 3rd Special Session agenda on October 15th, and SB 52 continued through the Senate floor, House Appropriations, and the House Floor within a five-day period before the House and Senate adjourned on October 19th.

Senate and House debate on SB 52 focused in part on needing to comprehensively look at capital construction and higher education finance in general during the interim. As part of these discussions, the House adopted an amendment creating a capital project oversight commission and requiring institutions to seek approval to use funds in excess of $40 million on alternative projects; this limit was reduced to $25 million in conference. Amounts designated for each institution are listed in SB 52.

SB 52 was signed by the Governor on 10/25.

Social Media Censorship

The Governor named social media censorship legislation as an agenda item for the 1st and 2nd Special Sessions. The Governor called for “legislation safeguarding the freedom of speech by protecting social-media and email users from being censored based on the user’s expressed viewpoints, including by providing a legal remedy for those wrongfully excluded from a platform.” Sen. Bryan Hughes carried SB 5 and SB 90 under this agenda item, but HB 20 ultimately made it through the process due to it covering censorship on social media platforms and through electronic mail messages.

During the 2nd Special Session the legislature passed HB 20 (Cain) which amends the Business & Commerce Code and prohibits social media companies with more than 50 million monthly users from banning users based on their political viewpoints. The law requires several consumer protection disclosures and processes related to content management on the social media sites to which the bill applies. The bill states sites must disclose their content management and moderation policies and implement a complaint and appeals process for content they remove, providing a reason for the removal and a review of their decision. HB 20 requires these companies review and remove illegal content within 48 hours. Additionally, the bill prohibits email service providers from impeding the transmission of email messages based on content. Enforcement under this law is provided by the attorney general, who can bring suit on behalf of a user or group of users.

HB 20 was signed by the Governor on 9/9 and will be effective on December 2, 2021.

Abortion-Inducing Drugs

During the 87th Regular Session, Senator Lucio filed SB 394 which required physicians to comply with existing informed consent and physical examination statutes before providing abortion-inducing drugs to a patient. SB 394 passed the Senate on March 30th and was voted out of House Public Health on April 15th, but was not set on a House calendar during the Regular Session.

During the 2nd Special Session, SB 394 was refiled by Senator Eddie Lucio as SB 4 in response to Governor Abbott’s 1st and 2nd Special Session calls. SB 4 was passed by the Senate and House along party lines and is effective as of September 17th, 2021.