Abbott Veto Statements by Category

Governor Greg Abbott has vetoed 50 bills that were passed during the 85th legislative session – below is a highlight of his veto statements by category.
 
Education
HB 61 (Guillen) Relating to consideration under the public school accountability system of performance on assessment instruments by certain students formerly receiving special education services and to the placement and use of video cameras in certain self-contained classrooms or other settings providing special education services.

•   “I have signed House Bill 22, which reforms our public school accountability system to provide additional transparency on school performance. Multiple provisions of House Bill 61 are based on the existing accountability system, which was overhauled by House Bill 22.  Additionally, parts of House Bill 61 regarding the use of video cameras in special education classrooms are already adequately addressed by Senate Bill 1398, which I have signed.”

HB 1500 (Giddings/Guillen) relating to public school accountability.

• "In 2015, the Texas Legislature prioritized parental engagement and increased transparency by developing an A through F grading system for school districts and campuses. House Bill 22, which I have signed, makes positive changes to the existing A through F system. House Bill 22 ensures students, parents, and taxpayers know how well our schools are doing. It also aligns the new grading system with Texas’ sanction and intervention strategies. House Bill 1500 is based on the existing grading system and conflicts with House Bill 22."

HB 961 (Seliger) Relating to the election of junior college district trustees.

•   “It is essential that local voters have full opportunity to determine the junior college district board members who make property tax decisions for these districts.  House Bill 961 would have authorized elections for junior college district board seats to be decided by plurality vote without a runoff election.  In crowded races, this would result in the election of candidates who received a small percentage of voter support.  Those very same crowded races are often the ones where voter interest is highest and dissatisfaction with the incumbent is most acute.  Runoff elections ensure that every seat on the board is occupied by someone who received a majority of votes in an election.  These elections have important consequences for property owners and for junior colleges.  They should not be treated like second-tier elections.”

HB 1342 (Parker) Relating to child sexual abuse prevention training for public school students.

•   “I have signed Senate Bill 2039, which directs the Texas Education Agency to develop an optional curriculum regarding sexual abuse prevention for use by school districts.  While both Senate Bill 2039 and House Bill 1342 seek to achieve a good purpose, Senate Bill 2039 does so in a more suitable way.  By recognizing both the importance of this topic and the right of parents to opt their children out of the instruction, Senate Bill 2039 strikes the correct balance.  House Bill 1342 was well-intentioned, but it lacked a provision for parental opt-out.  This is inconsistent with the longstanding rule in Texas schools that parents can remove their child from 'any part of the district's human sexuality instruction.'  Tex. Educ. Code § 28.004(i).”

SB 196 (Garcia) Relating to a notification requirement if a public school, including an open-enrollment charter school, does not have a nurse, school counselor, or librarian assigned to the school during all instructional hours.

•  “Our public schools should be focused on educating students in the classroom. Senate Bill 196 detracts from that focus and imposes a needless regulatory mandate on schools.”

 
Health Care
 
HB 298 (Larson) Relating to a parent's right to view the body of a deceased child before an autopsy is performed.

•   “I have signed Senate Bill 239, authored by Senator Donna Campbell, which contains language identical to House Bill 298.”

SB 670 (Birdwell | Nelson | Schwertner) Relating to the appointment of the commissioners of the health and human services agencies by the governor.

• “The commissioner of the Department of State Health Services is currently appointed by the executive commissioner of the Health and Human Services Commission, a gubernatorial appointee.  This arrangement works well.  Senate Bill 670 would have required direct gubernatorial appointment of the commissioner of DSHS.  That is not needed.”

SB 790 (Miles) Relating to the continuation of the women's health advisory committee.

•   “The Women’s Health Advisory Committee was created last session “to provide recommendations to [the Health and Human Services Commission] on the consolidation of women’s health programs.”  By law, the Committee is set to expire in September 2017.  The Committee fulfilled its statutory charge after the women’s health programs at HHSC were successfully consolidated under the Healthy Texas Women’s Program, which launched in July of 2016.  The Committee’s purpose has been served, and it should be allowed to expire as was promised when it was created last session.  In addition, the HHSC executive commissioner is already authorized by the Government Code to maintain advisory committees “across all major areas of the health and human services system,” so there is no need to continue a particular legislative mandate for a committee that, by law, has achieved its legislative mandate. Senate Bill 790 does nothing more than extend the expiration date of a governmental committee that has already successfully completed its mission.  Rather than prolong government committees beyond their expiration date, the State should focus on programs that address more clearly identifiable needs, like my call for action to address the maternal mortality rate during the special session.” 

SB 1743 (Zaffirini) Relating to transferring the Office for the Prevention of Developmental Disabilities to The University of Texas at Austin and renaming the office the Office for Healthy Children.

• “The duties prescribed by Senate Bill 1743 can be performed by the Health and Human Services Commission using existing resources.  Executive branch functions need not be assigned to universities.“

SB 1912 (Zaffirini) Relating to certain notice requirements and filing requirements in court proceedings involving persons with mental illness and representation of proposed patients in proceedings for court-ordered mental health services.

• “Parts of Senate Bill 1912 are beneficial, but other parts go too far in expanding government.  The law already mandates that courts appoint attorneys to represent defendants in cases where the government seeks court-ordered mental health services.  Permanent new government offices dedicated to this function are unnecessary.  Private attorneys are capable of handling these cases without the expense of a new county bureaucracy.” 

 
Child Services
SB 667 (Zaffirini | Birdwell | Creighton | Estes | Huffman | Hughes | Lucio | Nelson | Perry | Schwertner) Relating to establishing a guardianship compliance program.

• “This session the Legislature passed, and I have signed, several bills that improve the guardianship system in Texas.  This is an important endeavor, and I look forward to seeing the effect of these needed reforms during the interim.  Senate Bill 667 would have created a large new staff of state employees to oversee local guardianship arrangements at a cost of over $5 million a biennium.  We should give the new statutory reforms a chance to work, and we should continue to look for cost-effective ways to address this challenge.  The creation of a new state bureaucracy should be a last resort.”

SB 1444 (West) Relating to de novo hearings in child protection cases.

• “Associate judges are employees of the court who do not exercise the judicial power of the State on their own.  They act only pursuant to the delegated authority of an elected judge.  Senate Bill 1444 makes certain judgments entered by associate judges unappealable to the elected judge overseeing the case.  The bill would expand the power of unelected judges while contracting the legal options of parties who appear before them.  Other aspects of Senate Bill 1444 had merit.  The Legislature should reconsider them next session.” 

 
Environment
HB 2377 (Larson) Relating to the development of brackish groundwater.

• "House Bill 2377 sought to authorize groundwater conservation districts to implement special permitting rules relating to the completion and operation of wells for the withdrawal of brackish groundwater.  The bill’s permitting rules are unduly prescriptive and would create a separate and complex bureaucratic process for the permitting of brackish wells.  The Texas Water Development Board already has significant authority in this area, including the ability to designate brackish groundwater production zones and to approve local water management plans.  While the development of brackish water resources as a potential means of meeting our state’s future water needs is important, House Bill 2377 went about it the wrong way.  The next Legislature should consider a simpler and less bureaucratic way to provide greater access to brackish water." 

HB 2378 (Larson) Relating to extensions of an expired permit for the transfer of groundwater from a groundwater conservation district.

• "House Bill 2378 would have essentially mandated that export permits issued by groundwater conservation districts be extended indefinitely.  An indefinite permit hinders the public from participating in the decision-making of the groundwater conservation district.  It does not, however, prevent the groundwater conservation district from changing the terms of the permit unilaterally, a power House Bill 2378 continues to allow these districts to exercise.  Excluding the public, potentially in perpetuity, from the decisions of a groundwater conservation district will reduce transparency and inhibit the district’s ability to respond to changed circumstances over time.  The next Legislature should consider legislation that accomplishes the goals of House Bill 2378 without its defects." 

HB 2798 (Farrar) Relating to the authority of a county to implement a pilot program to reuse wastewater at county facilities.

• "This legislation is not needed.  Domestic wastewater reuse is already authorized under Texas law pursuant to regulations issued by the Texas Commission on Environmental Quality."

HB 2943 (Larson | Price | Wu | Israel) Relating to the use of money in the state water pollution control revolving fund.

• "House Bill 2943 makes several changes to the State Water Pollution Control Revolving Fund, most of which can be administered without the statutory mandates prescribed by this legislation.  Such statutory mandates are unnecessary and tie the hands of program administrators, impeding the State’s ability to continue the program’s positive impacts on the promotion of quality water.  The bill also lengthens the allowable term of loans made by the program, thus extending the program’s debt liability.  Additionally, while conservation easements can serve a valid purpose, using acquisition of easements is not the best use of this particular fund."

 HB 3025 (King T.| Murr) Relating to open, uncovered, abandoned, or deteriorated wells.

• "House Bill 3025 would have authorized a groundwater district to determine when a landowner’s well has deteriorated and to compel the landowner to repair the deteriorated well to the district’s satisfaction.  If the landowner does not do so within ten days, the bill authorizes the water district to enter the landowner’s land, repair the well, and send the landowner the bill.  This would give groundwater districts greater discretion to infringe on private property rights and impose costs on landowners.  The legitimate need to repair deteriorated wells should be addressed in a way that provides more protections for landowners."

HB 3987 (Larson | Workman) Relating to the authority of the Texas Water Development Board to use the state participation account of the water development fund to provide financial assistance for the development of certain facilities.

• "House Bill 3987 would have created a new state account to provide taxpayer funding for the acquisition and development of certain water facilities.  These facilities are already eligible for state funding under the Texas Water Development Fund II state participation account, provided that they cannot be adequately funded with local resources.  The purpose of that requirement is to ensure that state resources are used in an efficient manner by denying funding for local projects that already have access to sufficient financial resources.  House Bill 3987 exempts desalination and aquifer facility projects from meeting this financial requirement.  Additionally, because current law already authorizes the Texas Water Development Board to provide funding for desalination and aquifer storage and recovery facilities, House Bill 3987 is largely unnecessary.  The next Legislature should seek to promote desalination and aquifer projects more effectively."

SB 1525 (Perry) Relating to studies by the Texas Water Development Board of water needs and availability in this state.

• "The Texas Water Development Board can perform the study mandated by Senate Bill 1525 with or without this legislation." 

HB 572 (Stephenson | Gonzalez, Mary) Relating to the disposal of pesticides.

• “According to the fiscal note on House Bill 572, the program created by the bill will either result in a cost to the state budget of $2 million over five years, or will result in the Texas Department of Agriculture raising fees to offset the cost.  Neither outcome is desirable.”

HB 1586 (King) Relating to the services that require a structural pest control license; changing the applicability of an occupational license.

• "House Bill 1586 is unnecessary.  Existing law gives the Texas Department of Agriculture sufficient statutory authority to regulate exterminators. "

Ethics
 
HB 2783 (Smithee) Relating to the assessment of litigation costs and attorney fees in certain lawsuits under the public information law.

• "By threatening the taxpayers with attorneys’ fees, House Bill 2783 creates an incentive for requestors of public information to sue the government as quickly as possible instead of waiting for the statutorily defined public information process to play out.  The stated purposes of this bill could have been achieved without giving lawyers the ability to threaten taxpayer-funded attorneys’ fees awards against governmental bodies that are just trying to follow the law." 

 
Elections
HB 2410 (Israel) Relating to the authority to conduct a runoff primary election by mail in certain counties.

• "Mail-in ballot fraud is a serious problem that should be addressed by the Legislature in the upcoming special session.  House Bill 2410 would have provided for mail-ballot-only elections in certain circumstances in small counties.  While there is cost to taxpayers associated with holding live elections, ensuring the integrity of our electoral process is well worth it." 

HB 3055 (Guillen) Relating to the restrictions on political activities for a county elections administrator.

• "To preserve public confidence in our elections, the government employees who administer those elections must be beyond reproach.  For this reason, current law prohibits county elections administrators from holding elected office.  This is a good rule that separates politics from the administration of elections.  It should not be changed."

 
Taxes
HB 3281 (Rodriguez, Eddie) Relating to the eligibility of certain municipalities to establish homestead preservation districts and reinvestment zones.

• "House Bill 3281 would have extended a City of Austin program that gives special tax treatment to certain neighborhoods at the expense of other taxpayers, with the apparent goal to stymie the natural forces of the free market.  Directing large amounts of property tax revenue to select city projects has the effect of increasing the tax burden on other property owners.  We should not empower cities to spend taxpayer money in a futile effort to hold back the free market."

HB 2182 (Reynolds) Relating to the authority of a county assistance district to impose a sales and use tax.

• "House Bill 2182 could be interpreted to result in certain limited geographical areas becoming subject to a local sales tax rate above the legal limit.  The two percent cap on local sales tax must never be exceeded.  House Bill 2182 should have been drafted with greater clarity to exclude any possibility that sales tax above the maximum allowable rate would ever be charged." 

HB 2792 (González, Mary) Relating to housing authorities established by municipalities and counties.

• "House Bill 2792 sought to expand the property tax exemptions currently applicable to government-subsidized housing.  More property tax exemptions means more property tax burden on property owners who are not exempt." 

SB 1992 (Watson) Relating to the allocation of housing tax credits to developments within proximate geographical areas.

• "Existing law governing the density of subsidized housing in large cities should remain in place, and Travis County should be subject to the same rules as Bexar, Dallas, Harris, and Tarrant counties."

HB 2475 (Davis) Relating to the sales and use tax exemption for certain amusement services.

• "House Bill 2475 would have provided a special sales tax loophole for tickets to Broadway shows. As required by the constitution and by basic fairness, Broadway shows should be treated just like any other comparable event for tax purposes."

City
HB 1166 (Kolkhorst) Relating to liability of certain electric utilities that allow certain uses of land that the electric utility owns, occupies, or leases.

• "I signed House Bill 931, which extends statewide the provisions of section 75.022 of the Civil Practice and Remedies Code regarding public parks in utility rights of way.  Because House Bill 1166 extended those provisions only to one additional county, it was superfluous and could have caused confusion had it become law."

HB 2334 (Oliverson) Relating to the imposition of a criminal penalty for the violation of a rule adopted or order issued under the Flood Control and Insurance Act in certain counties.

• "House Bill 2334 would have made it a state law crime to violate flood plain rules issued by political subdivisions.  It is currently a Class C Misdemeanor to violate various provisions of the Texas Water Code concerning floodplains.  This bill would have given localities the ability to expand the contours of this crime merely by adopting local rules and orders.  Violation of these local rules and orders is already punishable by a civil penalty.  We need not create another crime, particularly one that is a moving target."

SB 744 (Kolkhorst) Relating to a tree planting credit to offset tree mitigation fees imposed by a municipality.

• "Cities telling landowners what they can and cannot do with the trees in their own backyard is an assault on private property rights.  Senate Bill 744 appears to be a compromise bill that imposes a very minor restriction on some municipal tree ordinances.  But in doing so, it gives the imprimatur of state law to the municipal micromanagement of private property, which should be abolished altogether.  This bill was well-intentioned, but by the end of the legislative process it actually ended up doing more to protect cities than it did to protect the rights of property owners.  I applaud the bill authors for their efforts, but I believe we can do better for private property owners in the upcoming special session."

Contracting
SB 1215 (Hughes) Relating to the creation of a joint interim committee to study issues related to construction contracts.

• "Senate Bill 1215 creates a joint interim committee of the Legislature to study construction contracts.  The House and Senate can, and do, study topics in the interim without passage of a law.  Legislation mandating legislative studies and legislative interim committees is unnecessary.  The Legislature is free to study construction contracts with or without this bill." 

HB 1764 (Israel) Relating to the operation of metropolitan rapid transit authorities.

• "House Bill 1764 would have reduced budget transparency and competitive bidding requirements for local transportation authorities such as Austin’s Capital Metro. The bill would have raised from $50,000 to $150,000 the value of a contract that Capital Metro could award without competitive bidding. It would also have expanded Capital Metro’s ability to go into debt. The legislative bill analysis for House Bill 1764 indicates that the bill was envisioned because “Capital Metro discovered that several sections of Chapter 451 [of the TRANSPORTATION CODE] are out of date with its current operations.” If Capital Metro’s way of doing business violates the Transportation Code, the answer is not House Bill 1764. The answer is for Capital Metro to follow the law."

Agencies 
HB 462 (Dale) Relating to the provision of notice of proposed rules by state agencies.

• "Agency rulemaking is an executive branch function, not a legislative function.  Transparency in rulemaking is important, but it should not come at the expense of legislative encroachment on executive branch authority.  Additionally, House Bill 462 has the potential to slow down the executive rulemaking process rather than enhance it."

HB 2463 (Price) Relating to requiring state agencies to develop written succession plans.

• "State agencies should be encouraged to continually consider new ideas and new perspectives in a constant effort to reduce cost and improve service for the taxpayers.  While House Bill 2463 was well-intentioned, its practical effect could have been to encourage a business-as-usual culture in state government.  Bureaucracies are too often inclined to resist innovation and place an outsized value on the organization’s old way of doing things.  State employees should be encouraged to propose better ways to serve the taxpayers, not taught to do their job just the way their predecessor did it.  Additionally, the purposes of House Bill 2463 are, in many respects, already achieved by Section 2056.0021 of the Government Code, which provides that “a state agency shall conduct a strategic staffing analysis and develop a workforce plan, according to guidelines developed by the state auditor, to address critical staffing and training needs of the agency, including the need for experienced employees to impart knowledge to their potential successors.” 

SB 813 (Hughes) Relating to recovery of damages, attorney's fees, and costs related to frivolous regulatory actions by state agencies.

• "State agencies should be held accountable when they abuse their authority.  There are many ways to accomplish that goal other than by enticing trial lawyers to sue the taxpayers for damages.  Senate Bill 813 is well-intentioned, but it subjects the State to the possibility of extensive financial liability.  Under the bill, taxpayer liability would be triggered any time a judge decides the State’s action is “unreasonable,” a vague and broad standard that varies with the eye of the beholder.  This financial liability would be borne by the taxpayers, not by the bureaucrats who caused the problem.  The bill was inspired by legitimate concerns about regulatory overreach, but exposing the State fisc to limitless jury verdicts is not the right solution." 

Miscellaneous
HB 1284 (Thompson | Senfronia) Relating to the licensing and regulation of a journeyman lineman.

• "I vetoed this bill in 2015.  The Legislature enacted the exact same bill that was previously vetoed."

HB 1406 (Blanco) Relating to the authority of the asset management division of the General Land Office to sell real property to a federally recognized Indian tribe.

• "Current law gives political subdivisions like cities and counties a preference over private buyers when the General Land Office sells land owned by the State.  This practice might be justified in rare cases when there are compelling reasons to ensure that State land continues to benefit the public.  In general, however, when selling land the State should seek the best financial terms for the taxpayers.  Existing law’s preference for political subdivisions is already questionable.  House Bill 1406 sought to expand this questionable preference to Indian tribes, which are not political subdivisions of the State." 

HB 1426 (Allen) Relating to the issuance of a certificate of relief from collateral consequences to certain persons placed on community supervision, including deferred adjudication community supervision, for certain criminal offenses.

• "One of the consequences of committing a crime is a criminal record.  Both this session and last session, I have signed bills designed to help people with criminal records get jobs so they can lead productive lives.  This is a worthy goal, but House Bill 1426 goes too far by prohibiting state licensing agencies from considering the criminal records of some who apply for a license.  A license applicant’s criminal background is something the licensing agency should be able to consider.  If certain licensing agencies are unfairly discriminating against applicants with criminal records, that should be addressed at the agency board level or through more targeted legislation." 

HB 1433 (Vo) Relating to the statute of limitations applicable to the collection of a contribution, a penalty, or interest under the Texas Unemployment Compensation Act.

• "House Bill 1433 would provide for tolling of the three-year statute of limitations on civil actions brought by the Texas Workforce Commission against employers.  This could extend by many years the period during which employers face potential liability to the government.  Texas employers should not face such uncertainty at the hands of government officials.  If an employer is alleged to owe money to the Workforce Commission, three years provides more than enough time for the government to file suit to collect any money it may be owed." 

HB 1859 (Simmons) Relating to certain rental-purchase agreements.

• "House Bill 1859 overregulates both retailers and their customers.  It would require retail stores to impose elaborate and duplicative paperwork on customers who are interested in rent-to-own agreements.  The bill also favors some retailers over others.  Its burdensome new requirements would apply only to stores that do not specialize in rent-to-own agreements." 

HB 2774 (Phelan) Relating to the installation of unsafe motor vehicle tires; creating a criminal offense.

• "House Bill 2774 would have created a new crime for installation of faulty tires on vehicles.  Texas does not need to impose new criminal penalties on people who put tires on cars.  For the past two sessions, the legislature has passed several laws aimed at limiting the reach of criminal penalties and reducing the burden of criminal records.  This bill goes in the opposite direction.  Nobody wants bad tires on the road, but creating a new crime is not the answer to every problem." 

SB 570 (Rodriguez) Relating to the regulation of the retention, storage, transportation, disposal, processing, and reuse of used or scrap tires; providing a civil penalty; creating a criminal offense.

• "Senate Bill 570 criminalizes the violation of administrative rules governing the proper disposal of tires.  In order to know whether their handling of used tires is a crime or not, Texans would have to consult the Texas Register and the actions of local governments on a regular basis to ensure the rules governing tire disposal have not changed.  Surely there are better ways to address the problem of old tires than by creating a new and vaguely defined crime."

SB 830 (Rodriguez) Relating to the provision of accounting statements by mortgage servicers for certain loans secured by a lien on residential real property.

• "Senate Bill 830 imposes burdensome new regulatory and paperwork requirements on those who offer seller-financed mortgages.  This sort of regulation could increase the price and reduce the availability of these mortgages."

HB 4310, HB 4311, HB 4312, HB 4313, HB 4314 (Isaac) Relating to the temporary board of and financing of certain facilities and improvements by the LaSalle Municipal Utility District No. 1/2/3/4/5; providing authority to impose an assessment.

• "The bill author requested a veto of this bill because he prefers the companion Senate Bill." 

To view the complete veto statements: https://gov.texas.gov/news/category/legislative-veto-statement