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After 30 days of deliberations during the 85th First Called Special Session, the House and Senate sent the following bills to the Governor’s Desk:
 
Sunset Legislation
SB 20 & SB 60 (V. Taylor) Relating to avoiding the abolishment of certain agencies subject to the Texas Sunset Act and repeal of certain riders.

  • Continues 5 state boards, including the Texas Medical Board, and repeals riders preventing funding over the next biennium
  • Signed by the Governor on 8/11, effective Immediately

 
School Finance
During House floor deliberations on HB 21, House Public Education Chairman Dan Huberty stated he was “disappointed” and had tried “to negotiate a package that would be more in line with what we thought the people wanted us to do.”  Lieutenant Governor Dan Patrick noted in his press release on HB 21 that the bill addresses “some of the most critical issues facing our schools,” and he is “proud of Senate Education Chairman Larry Taylor…and the Senate’s hard work on this bill.”
 
HB 21 (Huberty) Relating to public school finance, including funding for the recruitment and retention of teachers and the support of participants in the public school employees group insurance program.

  • Funding for several public and charter school initiatives, funding mechanism outlined in HB 30
    • $563 million total funding includes:
    • $212 million premium and deductible assistance for certain TRS-Care members
    • $150 million for ASATR funding ($100 million in FY 18 & $50 million in FY 19)
    • $60 million in Existing Debt Allotment funding for FY 19
    • $60 million in charter facilities funding for FY 19
    • $41 million for the small school adjustment
    • $20 million autism grant program funding
    • $20 million dyslexia grant program funding
  • HB 21 also establishes a Public School Finance Commission to study and make recommendations for the Texas public school system
  • Signed by the Governor on 8/16, effective on 11/14/17

 
HB 30 (Zerwas) Relating to the transfer of certain appropriations to the Texas Education Agency and the Teacher Retirement System of Texas and the adjustment of appropriations for public school finance.

  • Funding mechanism/appropriations authority for HB 21
  • Signed by the Governor on 8/16, effective immediately

 
Health Care
HB 13 (Capriglione) Relating to reporting requirements by certain physicians and health care facilities for abortion complications; authorizing a civil penalty.

  • Requires physicians to report abortion complications diagnosed or treated to HHSC within 3 business days of diagnosis or treatment
  • HHSC is directed to publish an annual statewide report aggregating complication data
  • Data obtained is confidential and not subject to a PIR
  • Physicians violating the reporting requirements of HB 13 are subject to a civil penalty of $500 for each violation
  • Three separate violations are grounds for revocation or suspension of a physician’s or health care facility’s license, permit, or similar authority
  • Signed by the Governor on 8/15, effective on 11/14/17

 
HB 214 (Smithee) Relating to health plan and health benefit plan coverage for elective abortion.

  • Prohibits health insurance plans from providing coverage for elective abortions, contains exceptions for medical emergencies
  • Supplemental insurance may cover procedures, but the supplemental premium must be paid separate from and in addition to the premium for other health coverage
  • Signed by the Governor on 8/15, effective on 12/01/17

 
HB 215 (Murphy) Relating to reporting and certification requirements by certain physicians regarding certain abortions.

  • Requires abortion-related certification be submitted to HHSC instead of DSHS, in line with agency consolidation legislation passed during the Regular Session
  • Requires physicians to certify the fetal abnormality identified for certain abortions
  • Also requires physicians to report certain information for an abortion performed on a patient younger than 18 years old, including the method for obtaining authorization for the procedure, if the patient’s parent/guardian provided written consent, and if the patient obtained a judicial bypass
  • Data obtained is confidential and not subject to a PIR
  • Signed by the Governor on 8/16, effective on 11/14/17

 
SB 11 (Perry) Relating to general procedures and requirements for certain do-not-resuscitate orders; creating a criminal offense.

  • Relates to DNRs and provision of CPR
  • DNRs must be issued in one of the following ways to be valid:
    • At the written and dated direction of a patient competent at time of writing
    • At the oral direction of a competent patient delivered to or observed by two witnesses
    • In compliance with a valid advance directive
    • At the direction of the patient’s legal guardian or agent under medical power of attorney
    • In compliance with a valid treatment decision in absence of other valid direction
  • In addition, the patient’s death must be imminent regardless of whether CPR is provided and the DNR must be medically appropriate
  • Before placing a DNR in the patient’s file, the physician or other facility personnel must inform the patient or, if the patient is incompetent, attempt to contact and inform the patient’s agent, guardian, or certain family members; must also notify persons arriving at the facility treating the patient
  • Creates Class A misdemeanor for intentionally concealing, cancelling, effectuating, or falsifying another person’s DNR order as well as concealing or withholding a valid revocation
  • Physicians or other personnel making a good faith effort to comply with SB 11 are not subject to civil or criminal liability
  • Signed by the Governor on 8/16, effective on 4/1/18

 
SB 17 (Kolkhorst) Relating to maternal health and safety, pregnancy-related deaths, and maternal morbidity, including postpartum depression.

  • Expands the duties of the Maternal Mortality and Morbidity Task Force
  • Requires the Task Force in conjunction with HHSC to publish information on related to substance abuse screening and treatment resources, and in conjunction with DSHS to promote maternal health and safety information
  • Requires Task Force to hold annual public hearing and receive input from the public
  • Requires HHSC and DSHS report on efforts taken to reduce pregnancy-related deaths
  • Requires DSHS to report on challenges associated with obtaining cause of death information
  • Extends Task Force until 9/1/23
  • Signed by the Governor on 8/16, effective immediately

 
Elections
SB 5 (Hancock) Relating to the prevention of fraud in the conduct of an election; creating a criminal offense; increasing criminal penalties.

  • Class A misdemeanor for knowingly or intentionally:
    • Making an effort to influence a person’s vote in the presence of a mail-in ballot
    • Causing a ballot or application to be obtained or vote cast under false pretenses
    • Causing intentionally misleading information to be provided to an election official
    • Causing intentionally misleading information to be provided on a mail-in ballot application, carrier envelope, or other official election-related form or document
  • Repeals provisions relating to nursing home voting passed during the 85th Regular Session
  • Signed by the Governor on 8/11, effective on 12/1/17

 
Local Government
HB 7 (Phelan) Relating to municipal regulation of the removal of trees on private property.

  • Municipalities assessing mitigation fees for removal of trees must allow individuals to apply for planting credits to offset the fee cost, individuals may apply for the credit in a form and manner defined by the municipality
  • Cities may not assess a mitigation fee on homeowners wishing to remove trees less than 10-inches in diameter at a point 4.5 feet above the ground, but can still regulate the removal
  • Trees planted for credit must be at least 2-inches in diameter at a point 4.5 feet above the ground and must be planted on the property the mitigation fee was assessed or another agreed upon property
  • Applicants for the mitigation fee credit receive credit equal to the mitigation fee if for a one or two-family residential property, at least 50% of the mitigation fee if for other residential structures, and at least 40% if for non-residential structures
  • Signed by the Governor on 8/16, effective on 12/1/17

 
SB 6 (Campbell) Relating to municipal annexation.

  • Requires municipalities located in counties with a population of 500,000 or more to hold an election before they may annex an area with a population of 200 or more, an election succeeds if approved by the majority of voters in the area to be annexed
  • Municipalities in these counties may annex areas with a population of less than 200 through a petition, and may annex generally if each land owner in an area requests annexation
  • Lays out public hearing and notice requirements for municipalities wishing to annex
  • Allows a municipality to annex in order to regulate land use in an area 5 miles arounds an active military base
  • Signed by the Governor on 8/15, effective on 12/1/17