Senate State Affairs met on May 17th to discuss a full agenda. This report covers only SB 1430, HB 2116, HB 3012, and HJR 143. The schedule can be found here, and the archive of this hearing can be found here and here (vote outs).
This report is intended to give you an overview and highlight of the discussions on the various topics taken up. It is not a verbatim transcript of the discussions but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.
Pending Business:
HB 448 (7-0) Reported favorably to full senate, local and uncontested calendar
HB 458 (7-0) Reported favorably to full senate, local and uncontested calendar
HB 2057 (7-0) Reported favorably to full senate, due pass and be printed, local and uncontested
HB 4346 (6-1) Reported favorably to full senate, local and uncontested calendar
HB 853 (7-0) Reported favorably to full senate, local and uncontested calendar
HB 2924 (8-0) Reported favorably to full senate, local and uncontested calendar
HB 3333 (8-0) Reported favorably to full senate, due pass and be printed, local and uncontested
SB 1430 CS (6-1) Reported favorably to the full senate
HB 2204 CS (7-0) Reported favorably to full senate, due pass and be printed, local and uncontested
HB 2283 CS (6-1) Reported favorably to full senate, due pass and be printed, local and uncontested
HB 2593 (5-2) Reported favorably to full senate
HB 2757 (7-1) Reported favorably to full senate
HB 2926 (8-0) Reported favorably to full senate, due pass and be printed, local and uncontested
HB 3046 (6-2) Reported favorably to full senate
HB 957 (6-2) Reported favorably to full senate, due pass and be printed
HB 1128 (7-1) Reported favorably to full senate, due pass and be printed
HB 1920 (7-1) Reported favorably to full senate
HB 2622 (6-2) Reported favorably to full senate
HB 2064 (7-1) Reported favorably to full senate
- CS narrows bill to look more like it did when it was originally filed
- Removes attorney’s fees portion from both ends of the hospital
- Amendment only applies when case goes to trial and only then if a jury specifies
- Has to be reasonable attorney’s fees
HB 3069 (8-0) Reported favorably to full senate, local and uncontested calendar
Agenda:
HB 3012 (Geren/Nelson) Relating to charitable raffles conducted by the professional sports teams charitable foundations of organizations sanctioned by certain professional associations at rodeo venues
- Nelson – Adds organizations sanctioned by Professional Rodeo Association or Women’s Professional Rodeo Cowboys Association to the list of who can conduct charitable raffles
- Allowing charitable foundations to conduct raffles to raise funds
- Lucio – Asked if it was a gambling bill, wanted to clarify before he gave his support
- No
- Donations for Charitable Organizations
HB 3012 Left Pending
(5-2) reported favorably to full senate, due pass and be printed
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HJR 143 (Geren/Nelson) Proposing a constitutional amendment authorizing the professional sports team charitable foundations of organizations sanctioned by certain professional associations to conduct charitable raffles at rodeo venues
- Nelson – HJR for HB 3012
- Moves date at which people can vote on the charitable organizations to November for the raffles
- Raffles conduct revenue for the charity to be able to use on foundations
HJR 143 Left Pending
(5-2) reported favorably to full senate
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SB 1430 (Bettencourt) Relating to requirements for certain petitions requesting an election and ballot propositions
- Bettencourt – Refile of HB 438
- CS will correct issues with captions of bill
- Bill will fix problems people have with ballot initiatives and charter challenges
- Ballot languages are difficult for petitioners to get through
- Study done in 2018 on this that found that San Marcus sued petitioners, San Antonio denied counting petitions or Sugarland where they wouldn’t count signatures…
- Streamlined process that SoS would analyze language 3X
- Must hold election by 4th anniversary of court order since no one was holding to orders
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James Quinterro, Self – ForÂ
- Municipalities putting forward ballot language that is more aligned with wishes of voters
- Austin’s ride-share proposition that was very confusing and un-readable
- Lucio – Once an HJR or SJR passes both chambers, it goes to the voters. Who is responsible for language that goes into proposition on the ballot?
- It’s supposed to reflect word for word
- But cities put forth muddy wording
- Lucio – Is there a check and balance to make sure propositions are what city council wanted to put out? Thinks they should be non-biased and prepared by someone who works on clear language
- That’s what the bill is trying to do
- Integrity aspect
- Court system is like existing check and balance, but is long and expensive process
- CS just changed caption slightly from Point of Order from the House
SB 1430 Left Pending
HB 2116 (Krause/Powell) Relating to certain agreements by architects and engineers in or in connection with certain construction contracts
- Powell – Similar to SB 219
- Both bills look at Fairness
- Current law prohibits construction contracts used by governmental entities from requiring engineer or architect from defending government entity from its own negligence
- Non-governmental construction contracts or owners have to include uninsured duty to defend provisions defend or potentially pay the full payment if there is liability and or legal fees
- Bill Provides for reasonable coverage for attorney fees and returned fee
Scott Stuart, American Council of Engineering Texas – For
- Bill comes down to fairness and insurability
- Each person needs to be responsible for their own negligence
- Bill prohibits owner from requiring engineer or architect to pay for defense cost for owner’s negligence
- Freedom to contract argument: within reason but when it gets out of hand it becomes less powerful
Shannon Ratliff, Texas Oil and Gas Association – Against
- Have not been pointed to a single case where architect or engineer have had to pay for the owner
- Freedom of contract
- Bill invited jointer of owner because it negatives insurance incentive to settle because it invites bad policy
- Exempts designed bill
- Bill wouldn’t allow for architect or engineer to take responsibility for design defect
Ro Jackson, Texas Association of Manufactures – Against
- Under bill, would be responsible for entire defense in litigation
- By prohibiting owner or third party to protect them in an event there is a sue on grounds of default of design
- Most meaningful place to make a settlement is in litigation so there is a cost element
HB 2116 Left Pending