Todd Hunter

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STATE CAPITOL NEWS AND NOTES

The following is a collection of news and notes from your State Capitol involving issues that affect House District 32.

HUMAN TRAFFICKING STUDY PASSES OUT OF THE HOUSE

On April 5th, 2011 the Texas House of Representatives passed House Concurrent Resolution (HCR) 68, otherwise known as the Human Trafficking Study bill. This is a bill that I was very proud and pleased to be able file for the 82nd session. The House voted in favor of HCR 68 with 146 yeas 0 nays. HCR 68 , requests that the Lieutenant Governor and the Speaker of the House create a joint interim study committee. The committee would be comprised of Texas House and Texas Senate members, who would meet during the interim to investigate and review the issue of human trafficking in the State of Texas.

During the 81st Legislative session, I served as the Chairman of the Judiciary and Civil Jurisprudence committee. While serving as Chairman of the committee, I was shocked to learn of the human trafficking issue currently existing in Texas. It quickly became clear to me that this is an issue that Texas needs to focus on and strive to shutdown in all its forms. Now that the bill has passed out of the House, it has been sent to the Senate. I am very hopeful that it will meet with the same unanimous support from the Senate that this legislation found in the House.

BILLS CONTINUE TO BE HEARD IN COMMITTEES

As the session continues, committees continue to hold public hearings on the bills which have been filed for the 82nd Legislative Session. The bills range from those that are intended to affect purely local issues to those that are meant to address issues affecting the whole state. One such bill is House Bill (HB) 742 which is being considered by the House committee on Public Education. The purpose of HB 742 is to address the issue of children who have a food or severe food allergy and ways to keep them safe while they are attending school.

HB 742 indicates that upon enrollment that a parent or legal guardian disclose to the school district that a child has a food allergy or a severe food allergy. Many times food allergies create a safety concern for children. This would enable the school district to take the necessary precautions regarding the child’s safety. The bill also requires the school district to preserve the confidentiality of the information regarding a food allergy.

CLOCK CONTINUES TO TICK AWAY AT THE 82ND LEGISLATIVE SESSION

April 11th marks the fifty day countdown to the end of the 82nd Regular Legislative Session. The 82nd Regular session will officially end on May 30th, 2011 on the day generally referred to as “Sine die”, which is a Latin phrase meaning “without assigning a day for a further meeting or hearing”. The Texas House and Senate will begin taking more and more bills up for a vote in the days ahead. I highly encourage everyone to contact my Capitol or District Offices on any bills that you want to bring to our attention.

In order to help you follow any of the bills that have already been reported out of committee or any of the other bills which have been heard in any of the committees, these websites serve as a great resource:

The Texas Legislature
The Texas House of Representatives
The Texas Senate

If you have questions or comments regarding any of the information mentioned in this article or any bills which have been filed, please do not hesitate to call my Capitol or District Office. As always, my offices are available at any time to assist with questions, concerns or comments (Capitol Office, 512-463-0672; District Office, 361-949-4603).

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GAMING GETS HEARING IN HOUSE COMMITTEE

On March 29, 2011 the Texas House Committee on Licensing and Administrative Procedures took public testimony on nine bills which would provide a variety of options for legalizing gaming in the State of Texas. Currently in Texas there are two types of acceptable gambling; the most common type of legalized gambling are lottery tickets, which can be purchased in stores all over the state. The second type of acceptable gaming can be found at Texas horse and greyhound racetracks located throughout the state.

Of the numerous options for legalizing gaming in the State of Texas, two concepts seem to stand out. Those two options are as follows:

• House Bill (HB) 2111 is a concept that would take advantage of the thirteen horse and greyhound racetracks in the state. HB 2111 would allow for the operation of video lottery games to be placed inside licensed horse and greyhound racetracks. This concept is commonly referred to as the “Video Lottery Terminal” (VLT’s) option. The advantage of utilizing these locations is that it does not increase the gambling footprint in the state.
• House Joint Resolution (HJR) 43 proposes a constitutional amendment to authorize the Texas Legislature to legalize and regulate the conduct of gaming in the State of Texas. Gambling would be legalized in counties that by local option elections approve of the conduct of gaming in their county. This would allow the idea of gaming to be handle on a county by county basis, much like the way counties throughout the state have chosen to be either dry or wet counties in relation to the sale of alcohol.

The idea of legalizing gaming in the State of Texas is one that has come up time and time again during legislative sessions. The push to legalize gaming in Texas is gaining more and more traction each session, in large part due to the casinos located, just on the other side of the Texas border. Currently, all three states bordering the State of Texas allow for a number of versions of casino gaming. Some groups estimate that in 2009 casinos located in New Mexico generated around $1.03 billion, while casinos in Oklahoma generated approximately $3.21 billion in revenue, and Louisiana casinos generated in the neighborhood of $2.5 billion. It is believed that much of this revenue is from Texans crossing over the state border.

While it is estimated that states bordering Texas have generated nearly $7 billion from gaming in large part due to Texans, according to data compiled in 2007, approximately 2.6 million Texans travelled to the city of Las Vegas and were estimated to have spent nearly $3.8 billion dollars during their stay. Regardless of the total amount being generated in other states by Texans gambling, it is clear that Texas dollars are leaving the state and generating jobs and taxes elsewhere.

If you would like to start following any of the bills mentioned in this article or any of the other gaming bills, these websites serve as a great resource:

The Texas Legislature
The Texas House of Representatives
The Texas Senate

If you have questions or comments regarding any of the information mentioned in this article or any bills which have been filed, please do not hesitate to call my Capitol or District Office. As always, my offices are available at any time to assist with questions, concerns or comments (Capitol Office, 512-463-0672; District Office, 361-949-4603).

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HUMAN SERVICES COMMITTEE

During the second week of February, Speaker Straus named the committee assignments for the Texas House of Representatives of the 82nd Legislative Session. One of the committees that has begun its work is the Human Services Committee. The Human Services Committee deals with a number of important issues which impact the budget of the State of Texas.

The Human Services Committee is composed of nine House members. I am a member of this committee. This committee will have legislative jurisdiction on all matters pertaining to:

• welfare and rehabilitation programs and their development, administration, and control;
• oversight of the Health and Human Services Commission as it relates to the subject matter jurisdiction of this committee;
• intellectual disabilities and the development of programs incident thereto;
• the prevention and treatment of intellectual disabilities;

In addition to having legislative jurisdiction over these matters, the committee will also be tasked with overseeing six state agencies. These agencies are:

• the Department of Aging and Disability Services,
• the Department of Assistive and Rehabilitative Services,
• the Department of Family and Protective Services,
• the Texas State Board of Social Worker Examiners,
• the Texas Council on Purchasing from People with Disabilities,
• the Texas State Board of Examiners of Professional Counselors.

The recent census figures showed that the population of the State of Texas had increased from 20,851,820 in 2000 to 25,145,581 in 2010. While the increase in population provided the state with four new congressional seats, it also added to the demand and need for services provided by the Health and Human Services Commission (HHSC). The HHSC provides services through the Medicaid Program, Children’s Health Insurance Program (CHIP), the Temporary Assistance for Needy Families program (TANF) and the Supplemental Nutrition Assistance Program. Some of the services include rural health clinics, home healthcare, prescription drugs and durable medical equipment. Other programs provided by the HHSC include the Medical Transportation Program, Family Violence Services, Disaster Assistance and the “Twogether in Texas” programs.

In 2009 the 81st Texas Legislature appropriated $40,782,618,434 to the HHSC for the 2010-2011 fiscal years. Out of the nearly $41 billion, $35,367,054,606 of that amount was spent on the state’s Medicaid program. This amount represents over eighty seven percent of the agencies biannual budget. The Medicaid funds are used to provide care for 3.2 million individuals, of which 2.5 million are children and 239,904 are elderly.

It is important to note that the funds appropriated to the HHSC makes it one of the state’s largest agencies both in size and percentage of the state’s biannual budget. Approximately $27 billion of the appropriated funds are provided by the federal government in the form of matching funds, grants and other financial programs.

If you would like to start following any of the bills that have already been referred to the Human Services committee or any of the other bills which have been filed and referred to other committees, these websites serve as a great resource:
The Texas Legislature
The Texas House of Representatives
The Texas Senate

If you have questions or comments regarding any of the information mentioned in this article or any bills which have been filed, please do not hesitate to call my Capitol or District Office. As always, my offices are available at any time to assist with questions, concerns or comments (Capitol Office, 512-463-0672; District Office, 361-949-4603).

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CORRECTIONS COMMITTEE

During the second week of February, Speaker Straus named the committee assignments for the Texas House of Representatives of the 82nd Legislative Session. In this week’s article, I want to review the Corrections Committee. The Corrections Committee is tasked with dealing with an array of important issues that are currently facing the State of Texas.

The Corrections Committee is composed of nine House members. I am a member of this committee. This committee will have legislative jurisdiction on all matters pertaining to:

• the incarceration and rehabilitation of convicted felons;
• the establishment and maintenance of programs that provide alternatives to incarceration;
• the commitment and rehabilitation of youths;
• the construction, operation, and management of correctional facilities of the state and facilities used for the commitment and rehabilitation of youths;
• juvenile delinquency and gang violence;
• criminal law, prohibitions, standards, and penalties as applied to juveniles;
• criminal procedure in the courts of Texas as it relates to juveniles;

In addition to having legislative jurisdiction over these matters, the committee will also be tasked with overseeing nine state agencies. These agencies are:

• the Texas Department of Criminal Justice,
• the Special Prosecution Unit,
• the Board of Pardons and Paroles,
• the Texas Youth Commission,
• the Office of Independent Ombudsman of the Texas Youth Commission,
• the Council on Sex Offender Treatment,
• the Texas Correctional Office on Offenders with Medical or Mental Impairments,
• the Texas Juvenile Probation Commission,
• the Advisory Council on Juvenile

The State of Texas, like many others states across the country, is working to get a handle on an ever growing prison population. Currently, there are approximately 156,028 inmates located in 112 correctional facilities located throughout the state; of those in prison, 315 are on death row. In addition to those 156,028 inmates, there are 80,929 individuals on parole and under active supervision. While these numbers represent those currently in prison or on parole, another 419,561 individuals are classified as probationers, including both felony and misdemeanor cases under direct, indirect and pretrial supervision.

In order for the State of Texas to maintain and provide for the necessary management and administration of these individuals, the state spends $3.1 billion annually. Out of the $3.1 billion, approximately $463.4 million of those dollars are spent on healthcare services provided to the states inmate population. These figures are compounded due to the fact the inmate population has increased over the past ten years from 144,983 in 2001 to more than 156,028 in 2010. These figures represent a substantial cost to the state’s biannual budget.

Some additional interesting facts are that the recidivism rate for prison inmates is 24.3 percent over a three year period, which means 24.3 percent of released offenders are re-incarcerated within three years of their release. As high as this rate is, it is in fact low relative to other states. Additionally of the 156,028 inmates in confinement, 3,522 are in Substance Abuse Felony Punishment (SAFP) Facilities.

If you would like to start following any of the bills that have already been referred to the Corrections committee or any of the other bills which have been filed and referred to other committees, these websites serve as a great resource:
The Texas Legislature
The Texas House of Representatives
The Texas Senate
If you have questions or comments regarding any of the information mentioned in this article or any bills which have been filed, please do not hesitate to call my Capitol or District Office. As always, my offices are available at any time to assist with questions, concerns or comments (Capitol Office, 512-463-0672; District Office, 361-949-4603).

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STATE CAPITOL NEWS AND NOTES

The following is a collection of news and notes from your State Capitol involving issues that affect House District 32.

TEXAS CENSUS NUMBERS RELEASED

On February 17th the United States Census Bureau released the population numbers for the State of Texas. The information was obtained during the 2010 Census. The State of Texas’ population increased from 20,851,820 in 2000 to 25,145,581 in 2010, accounting for a twenty percent increase or 4,293,761 new Texans. As a result of the population increase the state has seen over the past ten years, Texas’ representation in Congress has also increased from thirty two Congressmen to thirty six Congressmen. This is a gain of four seats, this resulted in the State of Texas gaining more Congressional seats than any other state in the country.

The increase in the state’s population along with the migration of people throughout the states requires that every ten years the states redraw their Congressional, State Senate, and State House seats. Due to the increase, Texas’ Congressional Representatives will now represent 698,488 individuals in their districts. While population growth allows Texas to receive more Congressional seats, the Texas Senate and Texas House seats remain constant. The Texas Senate being made up of thirty one Senators will now ideally represent 811,147 Texans, while the Texas House being composed of hundred and fifty Representatives will now ideally represent 167,637 Texans. In the coming months, the Texas Senate and the Texas House will be working in earnest to redraw the state’s legislative map.

TEXAS HOUSE LIMITED BY SIXTY DAY RULE

Every two years the Texas Legislature meets for 140 days straight. In those 140 days the Texas Legislature will work on numerous issues, but just a select few are allowed to be addressed in the first sixty days of session. Only those issues that have been designated as emergency items by the Governor are eligible to be addressed during the first sixty days. For this session, Governor Rick Perry has designated the some of the following issues as emergency items:

• Voter Identification – addressing the issuing of requiring the use of a photo ID, in order to vote on election day.
• Eminent Domain – would seek to protect the rights of private property owners.
• Sonogram – would seek to require that a women view a sonogram before receiving an abortion.
• Sanctuary Cites – seeks to abolishing sanctuary cities in the State of Texas.

TEXAS SENATE PASSES OUT SONOGRAM BILL

On February 17th, the Texas Senate in a 21-10 vote passed out Senate Bill (SB) 16 otherwise known as the “Sonogram Bill”. SB 16 as it passed out of the Senate will require that a woman seeking to have an abortion have a sonogram preformed within two hours of the procedure. Under the Sonogram bill, doctors will have the ability to provide pregnant women with the option to view the images of the sonogram along with listening to the audio of the heartbeat. SB 16 has now been sent to the Texas House of Representatives.

If you have questions or comments regarding any of the information mentioned in this article or any bills which have been filed, please do not hesitate to call my Capitol or District Office. As always, my offices are available at any time to assist with questions, concerns or comments (Capitol Office, 512-463-0672; District Office, 361-949-4603).

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TEXAS HOUSE GIVEN COMMITTEE ASSIGNMENTS

Last week, Speaker Joe Straus announced the committee assignments for the Texas House of Representatives of the 82nd Legislative Session. I received the great honor and distinction to be once again named one of Speaker Straus’s Committee Chairmen. I have been given the distinct privilege and honor to serve as the Chairman of House Calendars for the 82nd session.

Speaker Straus stated: “I am pleased to appoint Rep. Hunter as chair of the House Committee on Calendars, which plays an integral role in shepherding critical legislation through the House and Senate. I know that Todd will serve our body well in this role, while continuing to make many other significant contributions to the House in redistricting and other matters that are important to our state.”

The House Calendars Committee is tasked with the organization of bills as they are sent to the House Floor. This procedure is required due to the volume of bills that are received from the other House committees. The organization of the house calendar includes deciding on the order of which bills go before the House floor for debate and voting. In addition to being named as Chairman of House Calendars, I was also fortunate to be named to the Redistricting, Corrections, General Investigating and Ethics and the Human Services Committees, as well as the Chairman of the Select Committee on Election Contest.

As many of you know, my assignment to the Redistricting Committee is also an extremely important appointment for the Coastal Bend. Every ten years, states across the United States including Texas are required to redraw their Congressional seats as well as their state seats due to the new census numbers. This process will decide the make-up of the Texas House and Texas Senate seats, as well as the Congressional seats for the next ten years. The importance’s of this committee is even more significant this time due to the State of Texas receiving four congressional seats, more than any other state in the country. This great assignment will provide me with the opportunity to be directly involved in this significant process.

I am also honored to serve as a member of the Corrections Committee. As a member of the committee, I will have legislative jurisdiction over an array of important issues. The committee will be tasked with overseeing such issues as the incarceration and rehabilitations of convicted felons as well as juvenile delinquency and gang violence. In addition to the oversight of these important issues, the Corrections Committee is also tasked with overseeing nine state agencies including the Texas Department of Criminal Justice and the Texas Youth Commission.

While my appointment to the Corrections Committee allows me to oversee issues such as our state prison system, my appointment to the Human Services Committee provides me with direct input into one of our state’s largest agencies, the Health and Human Service Commission. The final standing committee appointment I received was to the General Investigating and Ethics Committee. This committee has jurisdiction over all matters pertaining to the conduct of and ethical standards applicable to local and state government officers and employees. If you would like to see the make-up of the thirty eight standing committees, you can go to www.house.state.tx.us and click on committees for a complete list.

I am honored to have the opportunity to serve on these committees and look forward to working for the people of this great state and our great district 32. If you have questions or comments regarding any of my appointments or the appointments to any of the committees, please do not hesitate to call my Capitol or District Office. As always, my offices are available at any time to assist with questions, concerns or comments (Capitol Office, 512-463-0672; District Office, 361-949-4603).

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VOTER IDENTIFICATION BILL PASSED OUT OF SENATE

The first bill of the 82nd Legislative Session has made its way out of the Texas Senate. On January 25, 2011 Senate Bill (SB) 14 of the 82nd session (otherwise known as the “Voter Identification Bill”) was heard by a Senate Committee of the Whole. Rather than sending SB 14 to one of the Senate’s eighteen standing committees, the Texas Senate instead chose to meet in a Committee of the Whole, with all thirty one Senators. This allowed the Senate to hear public testimony before it would go to the Senate floor. SB 14 received a favorable vote of 19 yeas and 11 nays in the Committee of the Whole. The Senate then following established Senate rules read and discussed SB 14 on its second and third reading before the entire Senate. The final vote was then taken on January 26th. With 20 yeas and 12 nays, SB 14 passed out of the Senate and has now been sent to the Texas House of Representatives. Below you will find some back ground information as well as an outline of SB 14 as it passed out of the Senate.

Under Texas law, to vote a regular ballot, sometimes voters are allowed to present a voter registration card to an individual working at the polling location. The poll worker then matches the name on the registration card with the list of registered voters in that precinct. There is no statutory standard in place to verify the identity of the individual wishing to vote. This issue has caused many to question rather or not voter fraud is occurring.

SB 14 seeks to require that an individual present a form of photo identification before that individual would be allowed to vote. SB 14 would allow for six forms of photo identification which are a: Texas Driver’s License, Department of Public Safety ID card, military ID, passport, citizenship certificate, or a Concealed Handgun License. The bill would also establish an exemption for those individuals who are over the age of seventy on January 1, 2012 or for those individuals who are disabled and have established their disability status with the voter registrar. In the bill, there is also a provision allowing for individuals who have a religious objection to being photographed or for those individuals who are indigent and unable to afford proof of identification to cast a vote upon providing a signature affirming their status.

If an individual does not have an acceptable proof of identification on Election Day, SB 14 provides them with the ability to cast a provisional ballot. A provisional ballot is a temporary vote that will be used once an individual’s identity has been verified. After casting a provisional ballot, the individual must appear at the office of the voter registrar with acceptable proof of identification within six days in order for their vote to be counted. In addition to the provisions seeking to ensure that all legal voters are able to vote on Election Day, SB 14 also increases the criminal penalties for those individuals who attempt to commit voter fraud. The penalties are now increased from a Class A misdemeanor to a state jail felony.

If you would like to follow SB 14 or any of the other bills that have been filed and working their way through the process, these websites are a great resource:
The Texas Legislature
The Texas House of Representatives
The Texas Senate
If you have questions or comments regarding SB 14 which was mentioned in this article or any bills which have been filed, please do not hesitate to call my Capitol or District Office. As always, my offices are available at any time to assist with questions, concerns or comments (Capitol Office, 512-463-0672; District Office, 361-949-4603).

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THE LEGISLATIVE PROCESS (PART II)

In last week’s article, I began outlining the Texas lawmaking process. In that article, I covered how a law or bill begins from its initial conception to it going before a committee of the respective lawmaking bodies on its way to the Texas House or Senate chamber floor. This week I will cover the rest of the lawmaking process from how the bill makes its way on to the appropriate calendar of each chamber, to it appearing on the Governor’s desk where it may be vetoed, signed or passed into law without the Governor’s signature.

In order to organize the bills, the Texas Senate and House Rules establish the creation of calendars. The Texas House uses two sets of calendars: the Daily House Calendar and the Local and Consent Calendar. The Daily House Calendar may be grouped in to four separate categories in order of priority. Those categories range from an emergency item category to a general state category. The House rules require that each bill come before the entire Texas House of Representatives in the order in which it is placed on the respective calendar. The Local and Consent Calendar, as the name implies, is established for those bills which are considered local in nature or for those which are voted out of a committee unanimously.

The Texas Senate provides for the establishment of a slightly different system. Like the House, the Senate divides the bills into two separate calendars: the Intent Calendar and the Local and Uncontested Calendar. The Senate rules in contrast to the House rules do not require measures to be brought up for consideration in the order listed on the Intent Calendar. The Senate routinely considers only a small portion of those measures listed on the Intent Calendar for any given day.

The bills or laws that make it before the full House or Senate and receive a favorable vote are then passed and forwarded to the opposite legislative body. Simply if the House passes a bill, it then goes to the Senate and vice versa. Then the whole process starts over again— from being assigned to a committee, to then again being placed on the appropriate calendar in order to go before the opposite chamber. During these committee hearings or while the bill is being heard on the chamber floor, a bill may be amended. If the bill is voted out of the chamber with amendments made to it, it is sent back to the originating chamber. If the originating chamber does not concur with the amendments that were made, the bill is then sent to a conference committee.

Conference committees are established to resolve the differences of the two chambers. Five Senators and five House members make-up each conference committee. If the committee is able to reach an agreement, a conference committee report is produced and is then signed by at least three conferees from each chamber. The report is then sent to the presiding officer of each respective chamber for their signature. This, however, does not mark the end for the bill; the final action on a bill now falls to the Governor. The state constitution provides the Governor with twenty days (often known as the “veto period”) after the final adjournment of the legislature to sign the bill, veto it, or to pass it into law without signature.

Those bills which are able to make their way through the entire legislative process as well as the veto period now become our state laws, these new laws represent only a small portion of the legislative ideas which where initiated at the start of the legislative session. If you would like to learn more about the legislative process, you can go to www.tlc.state.tx.us and look under “Guide to Texas Legislative Info”.

If you have questions or comments regarding any of the legislative processes or any bills which have been filed, please do not hesitate to call my Capitol or District Office. As always, my offices are available at any time to assist with questions, concerns or comments (Capitol Office, 512-463-0672; District Office, 361-949-4603).

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THE LEGISLATIVE PROCESS

Over the past several weeks, I have used my weekly article to introduce to you some of the bills which have been filed for the 82nd Legislative session. In the next couple of weeks I would like to take the opportunity to describe to you the legislative process in which those bills must go through in order to become a state law. It is important to recognize that numerous bills are filed during a legislative session but only a small portion of those bills will manage to get all the way through the entire legislative process.

A bill may start out as an idea of an individual legislator or from the suggestions of their constituents; or it may even grow out of the recommendations of a committee of the legislature that has conducted interim studies on specific issues of legislative interest. Once a legislator decides that they would like to try and turn their concept in to a law, they can either draft the legislation on their own or send it to the Texas Legislative Council (TLC). The TLC provides the Texas Legislature with professional nonpartisan drafting services.

After the bill is drafted, it may then be filed with the Chief Clerk of the House or the Secretary of the Senate’s office depending on the legislator’s respective chamber. Once the bill has been filed with each of the chamber’s of the aforementioned offices it is then assigned a number based on the order in which it was received. This number will allow the bill to be tracked through the rest of the lawmaking process. At this point, the bill is introduced and read aloud in each respective chamber before being assigned to a committee by either the Speaker in the House or the Lieutenant Governor in the Senate.

The Texas House, based on rules it adopts at the beginning of every session, gives each standing committee an assigned jurisdiction over a specific subject matter. The Speaker uses these specific subject matters to refer the bills to the appropriate committee. The Senate however does not specify subject matter jurisdictions for senate committees. Instead the Lieutenant Governor may refer legislation in the Senate to any standing committee or subcommittee, although unofficial subject matter jurisdictions are usually followed.

Once the bill has been assigned to the appropriate committee, it then falls to the chair of the committee to hold a public hearing. It is in these public hearings in which the public has their first opportunity to comment on the proposed legislation. In order to bring attention to the legislation being heard before a committee, public notice must be provided five days in advance of a public hearing being held by a house committee and twenty-four hours for public hearings being held by a senate committee. Due to the number of bills filed as well as to the shortness of the legislative session, a large number of bills will be unable to make their way out of committee. However if a bill is able to make its way out of committee by receiving a favorable vote, it then becomes eligible to be placed on the calendar to go before the chambers’ respective body as a whole.

In next week’s article I will continue to outline the next steps of the legislative process. In the mean time, if you would like to start following any of the bills that have already been filed, these websites serve as a great resource:
The Texas Legislature
The Texas House of Representatives
The Texas Senate
If you have questions or comments regarding any of the legislative processes mentioned in this article or any bills which have been filed, please do not hesitate to call my Capitol or District Office. As always, my offices are available at any time to assist with questions, concerns or comments (Capitol Office, 512-463-0672; District Office, 361-949-4603).

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THE 82ND LEGISLATIVE SESSION BEGINS (PART II)

The 140 day clock of the 82nd Legislative session officially began ticking away at noon on January 11th with the swearing in of the 82nd Legislature. During those 140 days the Texas Legislature will meet in Austin to work on two years’ worth of legislative concepts and ideas. In last week’s article, I outlined some of the bills which have been filed for the 82nd session and I would like to take this week’s article to continue to introduce to you some more of those bills.

Of the multitude of issues which will be addressed by bills being filed this session, two have already managed to make their way to the forefront of the Legislature’s lawmaking agenda by Governor Rick Perry’s Proclamation declaring them as emergency items. The two emergency items relate to the protecting of private property rights/addressing eminent domain issues, and abolishing sanctuary cities in Texas. The listing of these issues by Gov. Perry as emergency items allows lawmakers to begin considering these issues during the initial thirty days of the legislative session.

One bill to watch is Senate Bill (SB) 18 which seeks to confront the issue of eminent domain. SB 18 would expand upon the protections the State of Texas has put into place for private property owners since the United States Supreme Court ruled in a 5-4 decision that “public use” included economic revitalization projects. In 2005 the Texas Legislature defined “public use” to exclude any use in which confers a private benefit on behalf of a private party. SB 18 would seek to take the defense of private property a step further and establish that an entity with eminent domain authority must state with specificity the public use in which the entity intends to acquire the property, amongst various other new provisions.

Other bills to watch are:

• HB 380 relates to the constitutional limit on the rate of growth of appropriations and the use of surplus state revenues.
• HB 382 relates to the authorization and regulation of poker gaming and the duties of the Texas Lottery Commission.
• HB 401 would require that a voter present proof of identification.
• HB 470 relates to the addition of Salvia divinorum and its derivatives and extracts to Penalty Group 3 of the Texas Controlled Substance Act.
• SB 298 seeks to eliminate the set-aside of a portion of designated tuition for student financial assistance at public institutions of higher education.

These bills and many others will try and make their way through the legislative process during the session’s 140 day sprint. If you would like to follow any of these bills or any others which have been filed and working their way through the process, these websites are a great resource:
The Texas Legislature
The Texas House of Representatives
The Texas Senate
If you have questions or comments regarding any of the filed bills mentioned in this article or any other bills which have been filed, please do not hesitate to call my Capitol or District Office. As always, my offices are available at any time to assist with questions, concerns or comments (Capitol Office, 512-463-0672; District Office, 361-949-4603).

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