Special Session Update

June 24, 2011

The special session is constitutionally limited to 30 days; that would be Wednesday, June 29 for the 1^st Called Special Session. As of today, there are still many issues unresolved and even some rumors of a possible 2^nd Called Special Session; especially if the Texas Windstorm Insurance Association (TWIA) legislation is not passed during this special. However, with several days left on the calendar, there is still a possibility all key issues could be resolved by the end of this special session.

House Speaker Joe Straus and Lt. Governor David Dewhurst have told their respective chambers that they plan to take up legislation/conference committee reports on Monday. Speaker Straus, specifically identified SB 1, SB 2, SB 6, SB 7, SB 8 and possibly HB 3 that will all be taken up on Monday. Lt. Governor Dewhurst has stated he anticipates conference committee reports for bills will be filed in time for debate in the Senate on Monday.

The House adjourned until 10:00 a.m., Monday, June 27, 2011.

The Senate recessed until Noon, Monday, June 27, 201.

Below is a brief overview of the issues put on the call for this special and an update on certain legislation for this special session.

The Calls

Consider legislation related to health care cost containment, access to services through managed care, and the creation of economic and structural incentives to improve the quality for Medicaid services. [Mon May 30, 2011]
Consider legislation relating to fiscal matters necessary for the implementation of House Bill No. 1 as passed by the 82nd Legislature, Regular Session, including measures that will allow school districts to operate more efficiently. [Mon May 30, 2011]
Consider legislation related to congressional redistricting. [Tue May 31, 2011]
Consider the operation of the Texas Windstorm Insurance Association. [Fri Jun 3, 2011]
Consider use of the federal Secure Communities Program by law enforcement agencies, the issuance of driver’s licenses and personal identification certificates, and the abolishment of sanctuary cities in Texas. [Tue Jun 7, 2011]
Consider legislation related to prosecution and punishment for the offense of official oppression of persons seeking access to public buildings and transportation. [Mon Jun 20, 2011]

Special – Legislation Update

Fiscal Matters

Legislation that would help the already passed budget (HB 1) from the 82^nd Regular Session achieve its anticipated savings is making its way through the chambers.

SB 1 – After lengthy debate on second reading and almost 100 floor amendments, the House passed SB 1 the fiscal matters bill, which also contains a school finance component, out of the House.

Last action: The bill passed out of both the House and the Senate. It is currently in conference committee.

SB 2 – Another fiscal matters bill and technical corrections bill, SB 2, also passed out of the House with multiple amendments including, an amendment that would appropriate $2 billion from the Rainy Day Fund (RDF) to public education, if the balance exceeds the expected revenues of $6.5 billion.

Last action: The bill passed out of both the House and the Senate. It is currently in conference committee. The conference committee report was filed late afternoon on June 24.

HB 79 – relating to fiscal and other matters necessary for implementation of the judiciary budget as enacted by H.B. No. 1, Acts of the 82nd Legislature, Regular Session, 2011, and to the operation and administration of, and practice and procedures in courts in, the judicial branch of state government.

Last action: The bill passed the House and was scheduled for public hearing in Senate Jurisprudence on June 27.

Education

SB 6 – an education bill that broadens the way districts can use funding for textbooks. An amendment in the House contained language from HB 500 (82^nd Regular) which would permit districts to set their own policies about how new end-of-course STAAR exams count toward a student’s final grade. It also would allow districts to suspend a new requirement that students receive a cumulative score on 12 exams in four subject areas to graduate; instead, students would have to pass a total of four exams, one in each subject.

Last action: The bill passed out of both the House and the Senate. Before the bill was sent to conference committee in the Senate, Sen. Florence Shapiro Sen. Shapiro raised a parliamentary inquiry on whether Amendment #1 — the amendment that incorporated language from HB 500 into SB 6 — was germane to the topic of the bill. The parliamentarian’s ruling was that the amendment was not germane. Senate conferees were instructed to remove the language of Amendment #1 from SB 6. SB 6 is currently in conference committee.

SB 8 – referred to as a comprehensive mandate relief bill.

Last action: The bill passed out of both the House and the Senate. It is currently in conference committee.

HB 18 – relating to elementary class size limits in public schools.

Last action: The bill passed out of the House and has been received in the Senate.

SB 30 – Relating to the state virtual school network.

Last action: The bill passed out of the Senate and was referred to the House Committee Public Education.

SB 31 – Relating to the guarantee of open-enrollment charter school bonds by the permanent school fund.

Last action: The bill passed out of the Senate and was referred to the House Committee Public Education.

Health Care

SB 7, the bill relating to quality and efficiencies in health care and Medicaid.

Last action: The bill passed out of both the House and the Senate and a conference committee report was filed. However, due to contention surrounding certain amendments, new language has been agreed to and a new conference committee report was filed on June 23.

HB 5, the bill relating to the Interstate Health Care Compact.

Last action: The bill has passed the House and been received in the Senate. The language from the bill was also amended into SB 7.

HB 13, relating to the Medicaid program and alternate methods of providing health services to low-income persons in this state.

Last action: The bill has passed out of the House and has been received in the Senate. The language from the bill was also amended into SB 7.

HB 26, relating to the containment of costs incurred in the correctional health care system and to studies regarding delivery of health care services by certain nurses.

Last action: The bill has passed out of the House and has been received in the Senate.

SB 28, relating to reducing state Medicaid and other health care costs by prohibiting smoking in certain public places; providing penalties. The legislation would institute a statewide ban on smoking in bars, restaurants and many public places.

Last action: The bill was passed out of Senate committee.

Texas Windstorm Insurance Association

HB 3, the bill relating to the operation and name of the Texas Windstorm Insurance Association (TWIA) and to the resolution of certain disputes concerning claims made to that association; providing penalties.

Last action: The Senate recently passed the bill as amended and has sent the bill back to the House where they can either concur in Senate amendments or go to conference committee.

Congressional Redistricting

SB 4, relating to the composition of the congressional districts for the State of Texas.

Last action: The bill was signed in both House and Senate this week.

Sanctuary Cities

SB 9 – Relating to the enforcement of state and federal laws governing immigration by certain governmental entities and the administration of certain documentation of citizenship status and other lawful admittance by the Department of Public Safety.

Last action: The bill was passed out of the Senate and left pending in House State Affairs.

HB 9 – Relating to the enforcement of state and federal laws governing immigration by certain governmental entities

Last action: The bill was left pending in House State Affairs.

TSA “Anti-Groping”

HB 41, relating to prosecution and punishment for the offense of official oppression by the intrusive touching of persons seeking access to public buildings and transportation; providing penalties.

Last action: Placed on the House calendar.

SB 29, relating to prosecution and punishment for the offense of official oppression by the intrusive touching of persons seeking access to public buildings and transportation; providing penalties.

Last action: Scheduled for public hearing on June 27.