The House Committee on Licensing & Administrative Procedures met on March 15th to take up the following bills in order: HB 1542 (Thimesch), HB 1363 (Kuempel), HB 1518 (Darby), HB 431 (Thompson, Senfronia), HB 1024 (Thompson, Senfronia), HB 797 (Button), HB 1694 (Button), HB 1964 (Hernandez), HB 1825 (Turner), HB 2138 (Kacal), HB 639 (Lozano), HB 1391 (Schaefer), and HB 1859 (Schaefer). All bills were left pending. A video archive of the hearing can be found here.
This report is intended to give you an overview and highlight 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.
HB 1542 (Thimesch) Relating to certain temporary sales by a mixed beverage permit holder.
- Thimesch – Clean up bill to put language back into statute that should not have been removed
- In 2005, during 79th, Sen. nelson authored HB 1331 giving TABC ability to issue up to 4 beer & wine retailer permits/year to the TMS
- During the 86th session, TABC went through Sunset, language was repealed as part of the streamlining process
- HB 1542 restores statute that allowed TABC to apply for permits to sell wine & malt beverages during races
David Dawson, Texas Motor Speedway – For
- In favor of the bill, Rep. Thimesch laid it out perfectly
HB 1542 left pending
HB 1363 (Kuempel) Relating to the repeal of the real estate inspection recovery fund.
- Repeals inspector recovery fund that hasn’t been used more than 4 times in the last 10 years, replaced with requirement to carry insurance
HB 1363 left pending
HB 1518 (Darby) Relating to the examination of appraisal services for an appraisal management company.
- Darby – Statutes passed in 2011 on Appraisal Management Companies (AMC)s in response to Dodd-Frank Act, oversight over appraisal process
- Bill went too far & language throughout the industry needs an update
- HB 1518 addresses review of appraisals, standard forms of practice; trying to expedite review process, will be a process still that protects consumers, but with less intensity
Greg Stephens, Self – For
- Supports the bill, modernizes statutes and puts state in line with other states
- Bill removes redundant requirement for additional review after the deal is closed; federal law already requires internal review
- TX is one of a handful of states retaining this requirement, post-closure reviews have little use
HB 1518 left pending
HB 431 (Thompson, Senfronia) Relating to the conduct of charitable bingo.
- CS laid out, incl. annual license net proceeds, clarifies when penalties are applicable, also eliminates pandemic-related provision
Mitch Fuller, Department of Texas Veterans of Foreign Wars – For
- Support this bill, allows VFW to expand ability to support communities with charitable contributions
Trace Smith, Texas Charity Advocates – For
- Have worked hard on this bill, appreciate Rep. Thompson’s help
- Bill has ability to address decline in bingo attendance
Steve Bresnen, Bingo Interest Group – For
- No one has done more for charitable bingo than Rep. Thompson
- Bill died in a flurry of bills at the end of session, strikes pandemic provisions, clarifies penalty provision
HB 431 left pending
HB 1024 (Thompson, Senfronia | et al.) Relating to the value of a residential dwelling offered or awarded as a prize at a charitable raffle.
- S Thompson – St. Jude’s Dream Home giveaway raised from $250k to $1m, proceeds go to support St. Jude’s Children’s Hospital; has not been raised in some time
Kathy Fairbanks, ALSAC/St. Jude’s – For
- Provides overview of St. Jude’s, provides treatment free of charge and has supported cancer treatment developments
- Have built & given away 24 homes, cap of $250k was added in 2005, cap is falling short of cost to build homes today & should support increasing it to $1m
Deron Stadler, Evolutionary Homes – For
- Custom home builder in San Antonio, in support of raising the cap
- Have built 3 dream homes, but cap has precluded participation for the past 4 years
- Harless – Particular reason this bill has to have a cap? Why not take it off?
- Would love that so it doesn’t need to be revisited
- S Thompson – Supports this and welcomes amendment on the floor
Randy Lee, St. Jude’s – For
- Presents letter from Jim Pitman with Pitman Custom Homes
- 16 states have no cap
HB 1024 left pending
HB 797 (Button | et al.) Relating to education requirements for an applicant to take the uniform CPA examination.
- Button – Allows candidates to sit for the CPA exam sooner & brings work experience requirement in line with industry standard
Josh LeBlanc, Texas Society of CPAs – For
- CPA candidates will still have to complete 150 hours, but by testing earlier have greater possibility of success
HB 797 left pending
HB 1694 (Button) Relating to a local option election on the sale of alcoholic beverages in certain areas of a municipality and the local regulation of premises in those areas.
- Button – Authorizes City of Garland to hold election to create zone where businesses can apply for permits to sell alcoholic beverages
Brian England, City of Garland – For
- Shaheen – Thought cities had authority to do this already?
- Would require citizen-led initiative to get signatures within a 60 day window
- Would allow city council to vote on resolution for an election instead of requiring a citizen petition
- Shaheen – Changing the process which this is done for you? Current statute requires citizens to bring the petition, this bill bypasses that, are there not enough motivated citizens?
- Correct in the sense that it is typically the retail businesses, Garland has 11 private clubs and there is no economic incentive for them to do this
- Patterson – City of Frisco is probably less than 2 years away from having the same identifiers, could be other cities moving forward?
- If the identifiers apply to Frisco
- Patterson – Would like clarity on that
HB 1694 left pending
HB 1964 (Hernandez) Relating to the release of a motor vehicle accident report to an employee or authorized representative of a vehicle storage facility.
- Hernandez – Clarifying that vehicle storage facilities are included in list of entities able to receive vehicle accident reports
Larry Cernosek, Self – For
- All vehicle storage facilities benefit from this measure; storage facilities should’ve been included as part of “any person involved in the accident”
- Access to the report can help people files their claims
HB 1825 (Turner | et al.) Relating to the consumption, possession, and sale of alcoholic beverages at certain performing arts facilities owned by certain school districts.
- Turner – CS would only affect Arlington ISD, allows Board to adopt policy allowing consumption & sale at a non-school event held in a school facility
- Bracketed to Arlington ISD; AISD Center for Visual & Performing Arts is open for 3rd party events, but inability to serve alcohol is a barrier for many nonprofits
Michael Hill, Arlington ISD – For
- Limited facilities for nonprofits to host events in Arlington, Center is a common location & bill would encourage more events held at the Center
- Revenue generated would be significant
- Any event requesting sale of alcohol would go through Board-approved rental process
- Alcohol will not be permitted at Arlington ISD events, will not occur during school hours; events would apply for their on TABC permits
- Shaheen – So a non-ISD related concert could sell alcohol, but cannot sell alcohol at an ISD concert?
- If students are performing or present
- Shaheen – Are there ISD students at both events possibly?
- Could be
- Shaheen – You sell alcohol at football games?
- No
- Shaheen – Not sure what the difference is between an Arts Center and the football stadium
- The determining factor is that the Arts Center is stand alone and not on the campus
Rep. Turner closes
- Precedent for this in the code, another area of the state has this under a bracket, think it is Victoria County
- Most likely will be groups like Arlington Education Foundation holding events
HB 1825 left pending
HB 2138 (Kacal | et al.) Relating to the sale of charitable raffle tickets by certain nonprofit wildlife conservation associations.
- Kacal – Allows nonprofit wildlife conservation associations to sell charitable raffles to members and identified supporters, general public cannot buy tickets; money raised would be reinvested in conservation efforts
Rob Kohler, Texas Baptist Christian Life Commission – Against
- Not concerned with how proceeds would be used, concerned about interaction with federal law and it being classified as a Class 3 game
- Testified last session on this same topic
- King – Your opposition is to sale of raffle tickets or just on the internet?
- Just on the internet, not against raffle sales but taking it to electronic form is problematic
Shane Bonnot, Coastal Conservation Association – For
- Measured approach that gives conservation associations ability to support conservation, game wardens, etc.
Joe Betar, Houston Safari Club Foundation – For
- None of the Foundation’s effort would be possible without fundraising, raffles are a big part of this
- Other organizations outside of the state can offer raffle tickets to Texans online, asking for a level playing field
Kirby Brown, Ducks Unlimited – For
- Allows 135 chapters to sell tickets online rather than accepting raffle purchases over the phone, more secure
Scott Grant, Ducks Unlimited – For
- In support of bill, asking for favorable consideration; would give DU increased opportunity to raise money & secure transactions
- Can advertise raffles online, but unable to make the final sale
- Currently 35 other states allow for this kind of transaction
HB 2138 left pending
HB 639 (Lozano) Relating to the number of temporary licenses to conduct bingo issued to certain authorized organizations in a calendar year.
- Loazno – Seeks to increase bingo games for nonannual & temp license owners from 6 to 12, once per month
HB 639 left pending
HB 1391 (Schaefer) Relating to the regulation of electricians, including the requirements to obtain a residential wireman license.
- Schaefer – License is entirely focused on hour requirement, no classroom requirement
- Creating high school and community college program for the entry-level wireman license
Thomas Monaco, Independent Electrical Contractors – For
- Provides classroom training for future wireman, also appreciate hour transfer being addressed
Jorge Borrego, Texas Public Policy Foundation – For
- HB 1391 seeks to increase number of wiremen, will increase supply of qualified techs and provide pathway to prosperity
Joshua Balzar, International Brotherhood of Electrical Workers – Against
- No shortcut for on-the-job training, dangerous to have people with no experience wiring houses
Doug Pollock, International Brotherhood of Electrical Workers – Against
- CS seems to address concerns of the hours requirement, but remain opposed to bill as filed
- Main issue is not just getting workers, but getting people to lead those workers
- Shaheen – Current bill has deficiencies around hours?
- On the job training
- Shaheen – So you’ve made a request to add some hours requirement after school but before licensing?
- Or at the same time; residential license requires 4k hours
- So long as on the job training requirement is kept, in support; also support increasing educational opportunities
Rep. Schaefer closes
- Will get a classroom plus practical component in the shop for the entry-level, to get Journeyman license you still need on the job hours; wiremen still work under qualified professionals
HB 1391 left pending
HB 1859 (Schaefer) Relating to the regulation of air conditioning and refrigeration contracting, including eligibility for an air conditioning and refrigeration technician registration or certification.
- Schaefer – Same model as the previous bill for HVACs, creates high school or community college program for classroom training with shop component, able to get the tech certification
Mark Gatewood, Texas Air Conditioning Contractors Association – For
- Key issue is that by the time people get out of high school, they’ve already chosen another path; bill allows those under 18 to work and for certified techs to teach classes
Jorge Borrego, Texas Public Policy Foundation – For
- Echoing previous testimony, large gaps exist in trades in TX
Thomas Kennedy, Texas Building Trades – On
- Have questions about on the job hours, bill does not explain how much will be put towards licensing; currently there is a req of 24 months before you can sit for tech exam
- Appreciate reduction of fees for educators, support of trade is great
HB 1859 left pending