Daily News Update, Dec. 10, 2007

House committees to study issues concerning Cattle Raisers

Texas legislators continue working after the Texas legislative session ends. A major avenue of this work is accomplished through interim charges.

The Speaker of the House and the Lieutenant Governor either utilize existing committees or appoint legislators to serve on special committees to study specific issues. Each committee conducts hearings, usually at various locations throughout the state then writes a report of its findings. These reports are the basis for major legislation during the next session.

Texas Speaker of the House Tom Craddick (R-Midland) has released his interim committee charges for study and report before the next session of the Texas Legislature convenes in January 2009.

Jason Skaggs, TSCRA's executive director for government affairs and public relations, has prepared the following report on the subjects that most concern Cattle Raisers. If you have questions, please feel free to contact Jason at (512) 517-1482 or jskaggs@texascattleraisers.org .

Texas House of Representatives
Interim Committee Charges of Interest
December 2007

House Committee on Appropriations

• Analyze the current financial condition of the Texas Department of Transportation including but not limited to cash in bank, encumbered funds, use of bond capacity and projected needs for various funds allocated to the Texas Department of Transportation and their appropriation for major projects over the last five years. This analysis should include a review of revenues diverted from the State Highway Fund for non-transportation applications. Examine alternative sources of revenue to sustain future transportation needs.

House Committee on Agriculture & Livestock

• Monitor the development and implementation of the 2007 Farm Bill and determine the impact of the legislation on Texas agricultural producers.
   
• Evaluate preparedness of relevant agriculture-related agencies to respond effectively to animal and plant disease threats.
   
• Study and evaluate the feasibility and potential economic impact of biofuels production from alternative feedstocks such as biomass, waste oils and processed animal fats.
   
• Study the impact on the equine industry due to increased competition from other states as it relates to larger purses in equine competitions.
   
• Examine the opportunities for increased economic development funding in rural Texas.

House Committee on Border & International Affairs

• Study the establishment of a citizen trade policy commission and an office of trade development.
   
• Review changes in border security and immigration on the state and federal level.(Joint Interim Charge with the House Committee on State Affairs)

House Committee on Business & Industry

• Monitor the Texas workers' compensation system, and the continued implementation of the reforms of HB 7, 79th Legislature, Regular Session, by the Texas Department of Insurance and other state agencies. Specifically evaluate the recent decision by the Texas Supreme Court in Entergy v. Summers in terms of its impact on the system. (Joint Interim Charge with the House Committee on Insurance)

House Committee on County Affairs

• Study the issues surrounding the sale, use and regulation of fireworks in urbanized, unincorporated parts of the county.
   
• Study policies and procedures related to illegal immigration and border security of the Texas Department of Criminal Justice, county probation departments and local and county jail facilities, and make recommendations to improve coordination with international, federal, stat, and local authorities. (Joint Interim Charge with the House Committee on Corrections)
   
• Examine recent attempts by municipalities to exert regulatory authority beyond city limits and extraterritorial jurisdiction. Evaluate the current relationship between and possible conflicts related to regulatory authority expressly given to state agencies by the legislature and regulatory authority delegated to home-rule municipalities. (Joint Interim Charge with the House Committee on Land and Resource Management
   

House Committee on Culture, Recreation & Tourism

• Review the rules, regulations, operations, programs, management and statutes that govern the Texas Parks and Wildlife Department, the Texas Commission on the Arts and the Texas State Library and Archives Commission.
   
• Review the transfer of historical sites to the Texas Historical Commission from the Texas Parks and Wildlife Department.
   
• Review the process and procedures related to use of open space land owned by the state as they relate to hunting, fishing and outdoor recreation.

House Committee on Energy Resources

• Examine issues related to electrical lines and abandoned equipment on oil and gas leases.
   
• Examine whether the Railroad Commission of Texas should regulate carbon capture.
   
• Discuss further the issue of financial assurance in relation to oil and gas wells, and evaluate the current bonding structure.
   
• Discuss alternative energy sources and how best to incorporate them into our traditional energy sector. Also study the potential benefits of biofuels in Texas, including Texas feedstocks best suited for biofuel production and synergies between that industry and traditional energy sectors. Develop recommendations for facilitating the growth of the biofuel industry in a manner that best positions Texas in the national market.
   
• Research ways to maintain groundwater quality in relation to oil and gas exploration through economic incentives for innovative technology solutions.
   
• Study the use of the Texas Economic Development Act since its enactment as HB1200, 77th Legislature, Regular Session. Determine how the act may be enhanced to better attract significant capital investments by science and technology industries developing alternative energy sources. (Joint Interim Charge with the House Committee on Economic Development)

House Committee on Environmental Regulation

• Study the Clean Air Act State Implementation Plan (SIP) to determine if:
  • Data is being collected adequately
     
  • Recent changes to the SIP are bringing Texas closer to federal Environmental Protection Agency (EPA) requirements; and
     
  • There are any mid-course corrections necessary to achieve EPA requirements.
     
  • As background, examine and document the trend in levels of air quality in Texas since 1980.
     
• Study the air permitting process to examine, define or interpret the following:
  • The role of public input in the standard air permitting process;
     
  • The requirements and interpretation of what constitutes Best Available Control Technology;
     
  • The requirements for monitoring ambient air in the beginning stages of the permitting process;
     
  • The requirements for modeling future air pollution in the event that the proposed plant is constructed;
     
  • The issue of the cumulative impact of different air pollution sources;
     
  • The use of permits-by-rule and flexible permits in some cases; and
     
  • The requirements for permit renewals and the process for granting or denying permit renewals.
     
• Examine the penalties and sanctions imposed on vehicle inspection and emissions testing facilities.

House Committee on Insurance

• Examine states that have made the transition from heavily regulated health insurance markets to less regulated markets in order to assess the impact on market competitiveness, prices, consumer satisfaction and regulatory costs in those states. Specifically, identify current barriers and possible enhancements to flexibility in purchasing health insurance, including the purchase of health insurance plans offered in other states. Review and evaluate state law and agency rules related to the use of health savings accounts and health reimbursement arrangements, particularly by small businesses. Review possible tax incentives for purchasing private insurance.
   
• Study the practice of balanced billing by medical providers and determine which portions of the cost out-of-network care patients, insurers and providers should ultimately be responsible for paying.
   
• Research state and federal law to determine whether Texas may enact legislation that mandates proof of financial responsibility for vehicles entering the United States through Texas, as Texas citizens are required to provide when they enter Mexico. Study the possible benefits and costs of such legislation.
   
• Study and make recommendations on increasing the portability of health insurance in an increasingly fluid Texas labor market.
   
• Make recommendations on potential alternatives to the Texas Health Insurance Risk Pool for providing private health insurance to otherwise uninsurable individuals.
   
• Study and make recommendations regarding the feasibility of establishing a "health insurance exchange" in Texas.
   
• Study the need for a state catastrophe fund to protect the Texas economy against major disasters. Examine the structure and performance of such funds in other states and assess the potential of such a fund to reduce the reinsurance costs and premiums borne by Texas homeowners.
   
• Research and evaluate the potential costs and benefits to the State of Texas of providing coverage for bariatric surgical procedures for state employees who have a specified minimum years of service with the state.
   
• Monitor the Texas workers' compensation system and the continued implementation of the reforms of HB 7, 79th Legislature, Regular Session, by the Texas Department of Insurance and other state agencies. Specifically, evaluate the recent decision by the Texas Supreme Court in Entergy v. Summers in terms of its impact on the system. (Joint Interim Charge with the House Committee on Business and Industry)

House Committee on Land and Resource Management

• Examine the authority of the General Land Office, the School Land Boar, and similar state agencies to engage in various types of real estate transactions, and determine the appropriateness of this authority.
   
• Observe and study ongoing litigation and actions by condemning authorities in light of the Kelo decision and make recommendations for changes in eminent domain law needed to protect private property rights. Specifically, examine the body of law used to determine the amount of compensation property owners receive when their land is condemned, in whole or part, and determine the appropriateness of this scheme as compared to others.
   
• Research annexation practices in the state to determine whether municipalities are abiding by both the spirit and the letter of the state's annexation laws, thereby maintaining a proper balance between municipal governments and individual residents.
   
• Examine the effectiveness of the Private Real Property Rights Preservation Act (Chapter 2007, Government Code).
   
• Study and evaluate policies held by other states in relation to how they treat wind resources as a property right.
   
• Examine recent attempts by municipalities to exert regulatory authority beyond city limits and extraterritorial jurisdiction. Evaluate the current relationship between and possible conflicts related to regulatory authority expressly given to state agencies by the legislature and regulatory authority delegated to home-rule municipalities. (Joint Interim Charge with the House Committee on County Affairs)

House Committee on Law Enforcement

• Study the qualifications and standards necessary to be designated a police agency.
   
• Monitor the impact of current Texas laws banning the carrying of firearms by holders of concealed carry licenses on the premises of educational institutions.
   
• Review the current requirements for receiving a Texas driver's license or ID card to determine whether they should be more stringent in order to prevent a criminal or terrorist from fraudulently obtaining an official form of Texas identification.
   

House Committee on Local Government Ways & Means

• Review provisions for local government notices on potential tax rate increases and clarify potentially conflicting statutes. Look at requiring two (rather than one) public hearings on the tax rate increase.
   
• Examine the addition of members to the board of directors of appraisal districts who are not appointed by the taxing jurisdictions of the district. Determine methods for appointing these additional directors.
   
• Examine the system for appraising property for property tax purposes:
  • Study the implementation and effects of HB 1010, 80th Legislature, Regular Session.
     
  • Consider whether the statutory system for choosing the Central Appraisal District Board of Directors and governing the board's operation adequately protects the public interest.
     
  • Evaluate whether the authority of the chief appraiser should be limited.
     
  • Consider alternative methods and procedures for conducting the Comptroller's School Value Study to ensure both the equitable distribution of state school aid and a more stringent review of local appraisal practices.
     
  • Examine constitutional and statutory constraints on the enforcement of uniform appraisal standards across the state and the ability of the state to provide oversight of appraisal districts.
     
  • Consider ways to improve appraisal district efficiency, transparency and services, including, but not limited to, the reconfiguration of appraisal districts.
     
  • Evaluate changes in the property valuation appeal system that could expedite and reduce the cost of dispute resolution.

House Committee on Natural Resources

• Monitor ongoing efforts related to joint planning in groundwater management areas, including progress toward setting desired future conditions for aquifers. Examine and evaluate the process relating to an appeal challenging the approval of desired future conditions.
   
• Monitor the implementation of HB 2876, 79th Legislature, Regular Session, relating to certificates of public convenience and necessity for water service and sewer service.
   
• Monitor the implementation of legislation enacted by the 80th Legislature, including HB 3, HB 4 and SB 3; work in conjunction with legislatively created committees, such as the Environmental Flows Advisory Group, the Water Conservation Advisory Council, the Bexar Metropolitan Water District Oversight Committee and the Joint Interim Committee on State Water Funding.
   
• Evaluate creating a uniform template for the creation of Municipal Utility Districts or other special districts with addendums for special powers to expedite the creation of new districts.
   
• Examine "resign to run" rules for soil and water conservation district members in comparison to groundwater district members.
   
• Study issues related to the current efficacy of flood control devices in Texas, including the condition of aging infrastructure, liability issues and the legal authority and financing needed to make repairs.
   
• Review the Texas Commission on Environmental Quality fee structure for water programs and examine the scope of services being funded by such fees and the allocation of resources, including personnel to provide services on a timely basis.

House Committee on Redistricting

• Consider the need for modifications to judicial districts in Texas.

House Committee on Regulated Industries

• Research the effects of both wholesale and retail competition in the Texas electric market.

House Committee on State Affairs

• Research and recommend the best ways to require governmental entities in Texas, both state and local, to develop reasonable investment strategies that will help the Texas economy and increase jobs and resources brought to the state.
   
• Study the cost/benefit to the state for projects approved by school districts for a limitation on appraised value under the Texas Economic Development Act (Chapter 313, Tax Code)
   
• Study and make recommendations to encourage authorization for political subdivisions to enter into agreements with the United States Department of Homeland Security under Section 287(g), Immigration and Nationality Act, to perform the functions of immigration officers.
   
• Study the issue of using state funds to advertise government programs and services to discern if taxpayer dollars are being spent appropriately, and to consider legislation that will ensure that these dollars are not spent to coerce, but rather benefit, the public through honest educative efforts.
   
• Review changes in border security and immigration on the state and federal level. (Joint Interim Charge with the House Committee on Border and International Affairs)
   

House Committee on Transportation

• Study the concept of using corridor-planning organizations to provide a mechanism for local involvement in the Trans-Texas Corridor.
   
• Study and make recommendations for funding mechanisms for the Rail Relocation Fund.
   
• Examine the role of metropolitan planning authorities in state law, as well as the creation of rural planning authorities to address the planning needs outside of metropolitan planning organizations but within council of government boundaries.
   
• Review the current requirements for driver's license and identification cardholders in Texas in order to recommend legislative measures to prevent these documents from being used to further criminal activities, and recommend ways to enhance homeland security. (Joint Interim Charge with House Committee on Defense Affairs and State-Federal Relations)

House Committee on Ways & Means

None of interest