Capitol Report: Legislative Update	UTU Home

LEGISLATIVE UPDATE – May 31, 2007

The fat lady has finally sung to end the 2007 Texas Legislative Session, but it took her about a week and a half because of the turmoil in the House and the attempt by some members to unseat the Speaker.

HB 1602 was sent to the governor and signed into law. We were successful in keeping FELA unchanged. We’ll be alert next session because we feel this bill may have opened the door for eventual changes to FELA. 

HB 1083 by Veasey would have required a contact carrier to perform alcohol and drug testing of vehicle operators on employment, on suspicion of alcohol or drug abuse or periodically as determined by the Texas Department of Public Safety. This bill was held in Calendars committee long enough that it was put on the calendar on the last day a bill could be heard on the House floor. It was not heard so the bill DIED. We feel this was a good bill and will pursue filing a similar bill in the next legislative session.

For a complete list all bills we tracked this session, see 2007 Bills of Interest. UTU tracked of 68 bills out of a total of 6,198 bills filed in both houses.  

Here is an accounting of notable issues of the 2007 Legislature prepared by the Associated Press. 

PASSED, SIGNED INTO LAW BY GOV. RICK PERRY 

• Castle Doctrine: Allows Texans to defend themselves with deadly force in their homes, cars and workplaces.
• Firearms in Disaster: Prohibits law officers from confiscating firearms and ammunition during a state of disaster, such as a hurricane, except in cases of a clear threat.
• Elderly Drivers: Requires Texans ages 85 and older to renew their drivers' licenses and pass a vision test every two years.
• Handgun Records: Reclassifies as nonpublic records the state licenses granted to residents to carry concealed handguns.

PASSED, HEADED TO TEXAS VOTERS 

• Cancer Research: A proposed constitutional amendment allowing the state to borrow up to $3 billion over the next decade to fund cancer research aimed at finding a cure.
• Recorded Votes: A proposed constitutional amendment requiring the Texas House and Senate to record individual lawmakers' votes on final passage of  bills.

PASSED, BECOMING LAW WITHOUT GOVERNOR'S SIGNATURE

• Cervical Cancer Vaccine: Blocks state officials from following Gov. Rick Perry's order requiring the vaccine against the human papillomavirus for sixth-grade girls. The vaccine protects against strains of the sexually transmitted virus that cause most cases of cervical cancer.
• HIV Testing: Expands HIV testing in the state prison system to establish mandatory testing of inmates when they report to prison.

PASSED, VETOED BY GOVERNOR 

• Ex-convicts Voting: Would have required the Texas Department of Criminal Justice to notify former inmates of their eligibility to vote.

PASSED, AWAITING ACTION BY GOVERNOR 

• Texas Budget: Sets out a $153 billion two-year spending plan for the state covering major programs such as K-12 education, public universities, health and human services, state parks and criminal justice.
• Steroids Testing: Establishes mandatory random steroid testing for Texas public high school athletes in all sports as early as the 2007 football season.
• Sex Offenders: Imposes a possible death penalty for sex offenders who are twice convicted of raping children under 14.
• Marriage Fee: Increases the Texas marriage license fee from $30 to $60 but waives the fee and a 72-hour waiting period for couples who take a premarital education course.
• Toll-road Moratorium: Freezes most new privately financed toll road projects for two years.
• Search Warrants: Allows judges to seal some search warrant information from the public for up to 60 days.
• Tourist Train: Creates the Texas State Railroad Authority, intended to keep an East Texas tourist train running between Palestine and Rusk by allowing the venture to be leased to a private operator.
• Sudan Sanctions: Requires state pension funds to divest from companies doing business with Sudan, where more than 200,000 people have been killed and 2.5 million been chased from their homes since 2003 because of civil strife.
• Violent Dogs: Makes dog owners whose pets attack people subject to a third-degree felony with possible prison time of two to ten years and a possible $10,000 fine. If the victim dies, the charge could become a second-degree felony, punishable by up to 20 years in prison.
• Friendly Dogs: Calls for the state to assist in plans for the humane evacuation, transport and temporary sheltering of pets during times of disaster, such as a hurricane.
• Under God: Adds the words "under God" to the Texas pledge of allegiance. TYC overhaul: Puts an executive commissioner in charge of the Texas Youth Commission for two years. Improves staff-to-inmate ratios, creates new investigative powers to check abuse claims and prohibits courts from sending youths to state lockups for misdemeanors.
• Bible Classes: Allows high schools to offer elective Bible courses.
• Religious Expression: Provides Texas students greater freedom to express their religious views on school campuses by treating students' religious viewpoints in class assignments the same as secular expression.
• Strip Club Fee: Charges strip club patrons a $5 admission fee, with money going to help sexual assault victims.
• Replacing TAKS: Replaces the state's high-stakes high school exit exam, known as the Texas Assessment of Knowledge and Skills, with end-of-course tests.
• Medicaid Reform: Rewards Medicaid recipients for adopting healthy lifestyles and encourages them to seek treatment at doctor's office instead of a hospital emergency room.
• Business Tax: Revises the state's new business tax to fix errors and loopholes in last year's franchise tax overhaul and giving many small businesses a discount.
• Children's Health Insurance: Changes enrollment rules for the Children's Health Insurance Program to allow more than 127,000 children to be added to a low-cost state insurance program.
• Foster Care Reforms: Strengthens protections for foster children and repeals much of the privatization lawmakers ordered two years ago in the foster care system.
• Physical Education: Establishes a 30-minute-per-day physical education requirement, of moderate to vigorous activity, for middle school students.
• Water: Implements the first major water policy in a decade, designed to protect rivers and streams and setting aside areas for up to 19 new reservoirs.
• Border Security: Helps direct more money and resources to Texas-Mexico border security.
• State Parks: Allows lawmakers to spend more money on improvements to Texas' 600,000-acre state park system.

FAILED 

• Top 10 Percent: Would have limited the number of students automatically admitted to public universities under the state's top 10 percent law.
• Smoking Ban: Would have banned smoking in workplaces and many other public places statewide.
• Voter ID: Would have required voters to show photo identification or two other forms of ID, not just a voter registration card.
• Texas Lottery Sale: Would have sold the state lottery to a private firm for at least $14 billion and used the proceeds for cancer research, education and health insurance, a proposal made by Gov. Rick Perry.
• Casino Gambling: Would have created full-scale destination resort casinos in major cities and some coastal tourist spots.
• Race Track Slots: Would have allowed video slot machines, known as video lottery terminals, at horse and dog race tracks.
• Indian Gambling: Would have allowed limited casino gambling on the state's American Indian reservations.
• Private School Vouchers: Would have created a pilot program to allow some parents to send their children to private schools using taxpayer money.
• Shield Law: Would have created limited immunity for journalists from revealing their confidential sources in court cases.
• Abortion-Ultrasound: Would have required doctors to perform ultrasounds on pregnant women seeking an abortion.
• Drunk Driving Checkpoints: Would have allowed police to set up checkpoints to see whether motorists exceed the legal blood-alcohol level for driving.
• Futile Care: Would have extended the 10-day time limit for medically futile patients before hospitals can cut off their life support.
• UIL-Private Schools: Would have allowed private schools into the Texas public school athletic league.

• Bicycle Passing: Would have required motorists to give bicyclists at least three feet of space when passing.

• Covenant Marriage: Would have allowed couples applying for a marriage license or couples already married to designate theirs a "covenant marriage," making divorce more difficult.