The House Committee on Business & Industry has released their interim report to the 85th Legislature which includes background and recommendations. Below is a spotlight on the summary recommendations directly from the report; however, for complete details please refer to the report.
Recommendations Spotlight
The Texas Legislature should consider making improvements to the Tax Refund for Wages Paid to Employee Receiving Aid to Families with Dependent Children in an effort to move people off public assistance and into meaningful employment. In evaluating those improvements, the Legislature must be cognizant of the complicated calculations in determining the benefits of any improvements.
The Texas Legislature should continue to monitor data breaches and how businesses and other
enterprises prevent and react to cybersecurity threats.
The State should look upon regulating ride sharing/home sharing/shared economy services in a manner that is best for all citizens across the state. Overregulation will likely stifle innovation, competition, and consumer choice. The Legislature should examine regulations, both at the state and local level, so that regulations are limited, reasonable, fairly and uniformly applied, and in the public interest.
The Legislature should continue to evaluate legislation repealing HOA regulatory rules on an individual basis. The circumstances vary too widely to pass an overarching limit that will fit every case. The Legislature should consider legislation that might develop a low-cost dispute resolution process to keep small fines from becoming unmanageable debt.
After carefully reviewing the history of Rupe v Ritchie, the committee acknowledges the
difficulty the court faced both in applying the common meaning of the word oppression, and the
complications that come with creating a common-law cause of action. Further, the committee
wishes to thank Representative Simmons for his work to develop appropriate remedies for minority shareholder oppression cases. The committee recognizes the need for adequate protection of minority shareholders and some members believe the Ritchie v. Rupe majority decision exposes minority shareholders to potential abuse. Having received just one list of factors to consider in developing a statutory definition of oppression and additional appropriate remedies, the committee feels it has insufficient information and viewpoints to make a recommendation at this time. Should a member of the Legislature propose a bill with more specific details to address the issues, the committee believes the legislation should receive all due consideration.
The Texas Legislature should consider requiring state agencies that are exempt from purchasing insurance through the Office of Risk Management to forward their annual insurance reports to the chairs of the appropriate committees, or to all members of the Legislature. The Texas Legislature should consider, perhaps by House and Senate rule, requiring a special impact statement be attached to the committee report of bills exempting agencies from the requirement to purchase coverage through SORM. The statement should assess the impact the legislation will have on the assessments the remaining agencies.
The Texas Legislature should direct and authorize the Division of Workers' Compensation to study the agreements between designated doctors and authorized administrative agents to ensure quality medical care in a timely manner, and effectively control costs.
The 85th Legislature should consider providing a cost of living adjustment to death benefits, similar to the adjustment under lifetime income benefit provisions. The 85th Legislature should consider tying the cost of living adjustment for death and lifetime income benefits to the Consumer Price Index rather than the three percent calculation. In an effort to remove the financial disincentive for a surviving spouse to remarry, the 85th Legislature should consider permitting all surviving spouses to keep their death benefits upon remarrying.
When the 85th Legislative Session convenes, the House Committee on Business & Industry should immediately receive and analyze the results of the audit. The Legislature should take appropriate action to ensure that treating physicians prescribe compound pharmaceuticals only when medically necessary, that pharmacies understand which compounds are likely to receive reimbursement, and that insurers are vigilant in accepting or denying payment for compounded drugs. The ultimate goal should be to ensure that the injured worker receives the medication he or she needs to recover from an on-the-job injury.