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Week in Review, March 31st

Mar 31

posted by TexasLRL in Week in review

  • See how tax collections among the 50 state governments have fluctuated. (U.S. Census Bureau, March 2011)
  • Determine alternative approaches to federal funding of highways. (Congressional Budget Office, March 2011)
  • Explore how communities across Texas are struggling with maintaining the profitability of private prisons. (NPR, March 28, 2011)
  • Consider how Hispanics have contributed to the nation's population growth over the past decade. (Pew Hispanic Center, March 24, 2011)
  • Note that violence in the workplace continues to decline. (Bureau of Justice Statistics, March 29, 2011)
  • Read about Florida's SB736 that Governor Rick Scott has signed into law, reforming teacher pay in Florida, and find a summary of the bill. (The Miami Herald, March 24, 2011)
  • Review Colorado's SB40, the youth concussion law aimed at protecting young athletes. (The Boulder Daily Camera, March 30, 2011)

This entry was posted on March 31, 2011 at 5:06 PM and has received 1428 views. Print this entry.

Bills in the News: Homeowners' Associations & Property Owners' Associations

Mar 29

posted by TexasLRL in Bills in the News

Homeowners' associations in Texas enforce their bylaws and deed restrictions, and can levy assessments against homeowners who fail to pay dues or violate the bylaws or deed restrictions. Recent news stories and other publications outline the powers of homeowners' associations, and explore bills introduced in the 82nd Legislature that would limit some of the powers of homeowners' associations. Some powers particularly of interest lately have been related to homeowners' associations' ability to foreclose and their ability to restrict the use of solar panels.
 
Bills filed in the 82nd Legislature related to homeowners' and property owners' associations can be found under the subject Property Interests--Property Owners Association. To view a list of bills related to homeowners' associations' ability to foreclose on assessment liens, use the bill search feature of the Texas Legislature Online and select subject criteria: Property Interests--Property Owners Association (I0618), and Property Interests--Mortgages & Liens (I0605). To view a list of bills related to homeowners' associations' ability to restrict the use of solar energy devices, select subject criteria: Property Interests--Property Owners Association (I0618), and Energy--Solar (I0316).
 
The August 12, 2010 issue of Interim News from the House Research Organization examines the authority of homeowners' associations in Texas.
 
A news story from Austin ABC affiliate KVUE explores homeowners' associations power to foreclose.
 
The Dallas Morning News reports that a homeowners' associations reform bill, SB142, has been approved in the Senate Committee on Intergovernmental Relations.
 
The Legislative Reference Library recently added to its collection the Texas Homeowners Association Law: The Essential Legal Guide for Texas Homeowners Associations and Homeowners by Gregory S. Cagle, published in 2010. The book covers laws governing the administration and operation of homeowners' associations in Texas.
 
The Real Estate Center at Texas A&M University offers a handful of informative documents related to the powers of homeowners' associations and how the Texas Legislature has limited these powers in recent sessions:
Current law on homeowners' associations in Texas is in Title 11 of the Texas Property Code.

This entry was posted on March 29, 2011 at 3:22 PM and has received 7307 views. Print this entry.

Track Proposed Legislation with the Index to Sections Affected

Mar 28

posted by TexasLRL in Legislative process

More than 5,000 bills and joint resolutions have been introduced so far during the 82nd Legislature; many of these bills propose adding to, amending or repealing existing laws. 
 
The Index to Sections Affected, produced by the Legislative Reference Library, can help you track how proposed legislation would affect existing laws. 
 
Let's say you are searching for bills affecting podiatrists, governed by Occupations Code chapter 202. Simply select Occupations Code from the dropdown menu, and enter 202 in the Section / Legislature box to see a list of all introduced bills which would affect this chapter.
 
You can also search for changes to laws which have not been codified and are only found in the session laws, if you know the session and chapter of the law. 
 
For example, the Bexar Metropolitan Water District was created by Chapter 306, Acts of the 49th Legislature, Regular Session, 1945. To find legislation proposing changes to the district, select the "Session Laws" from the dropdown Code menu, then enter the number 49 in the Section / Legislature box.
 
You can search entries from the 76th Legislature through the 82nd by code and section. Library staff indexes each version of each bill, so you can see how legislation evolves over the course of a session. Use the Status options to specify which versions to search. If a bill is vetoed, the veto will be noted on all entries associated with the bill.
 
 
After a session, it may be some time before print and online statutes are updated. Use the Index to Sections Affected to search for bills with the status "Enrolled" to determine whether laws you are researching were amended by any passed bills.

This entry was posted on March 28, 2011 at 9:58 AM and has received 1489 views. Print this entry.

Week in Review, March 24th

Mar 24

posted by TexasLRL in Week in review

  • Find out the state-by-state economic impact of long term care facilities. (American Health Care Association, January 2011)
  • Consider where to count the prison populations for the purposes of redistricting. (Stateline, March 21, 2011)
  • View a map of income inequality and disparities along demographic, economic, cultural, and political lines in America. (The Atlantic, March 8, 2011)
  • Review rankings of state child care center regulation and oversight. (National Association of Child Care Resource & Referral Agencies, March 2011)
  • Note that the Haynesville Shale in Louisiana recently surpassed the Barnett Shale in shale gas production. (U.S. Energy Information Administration, March 18, 2011)
  • Get updates from the U.S. Environmental Protection Agency on the nuclear emergency in Japan. (U.S. Environmental Protection Agency, March 2011)

This entry was posted on March 24, 2011 at 3:40 PM and has received 1392 views. Print this entry.

Nuclear Energy: State and Federal Regulation

Mar 22

posted by Admin in Nuclear energy

In the wake of the earthquake, tsunami, and nuclear disaster in Japan, questions about the safety of nuclear energy are being raised.  In this post, we provide information about nuclear energy as it is regulated in Texas and at the national level.  For general background and information about nuclear energy in Texas, see the Texas Comptroller's Energy Report, Chapter 8 on Nuclear Energy (2008).

The U.S. has 104 operating nuclear reactors.  Locations and additional details about individual reactors are available on this map (U.S. Nuclear Regulatory Commission, October 2010).  In Texas, there are two operating nuclear reactors: Comanche Peak in Glen Rose and the South Texas Project located near Bay City.  Six new power reactors are being proposed in the state.  Locations of these project power reactors include additional units at Comanche Peak and at the South Texas Project, as well as new units in Victoria County.   

Commercial nuclear power reactors in the U.S. are regulated by the U.S. Nuclear Regulatory Commission (NRC).  The Commission provides information about the reactor oversight process, as well as regulations, guidance, and communications of operating reactors. 

Texas is one of 37 "agreement states," allowing it to regulate radioactive material in-state, excluding federal facilities and nuclear power reactors.  A map of all agreement states is provided by the NRC, and includes links to individual state regulations and official documents.  Texas' regulatory scheme is also described on the website of the Texas Department of State Health Services, Radiation Control Program (updated March 2011).  The site also provides a history of radiation control in Texas.   

Radioactive waste can generally be classified as low-level or high-level waste.  Information about these classifications, as well as storage and disposal of radioactive waste, is provided by the NRC.  Under the Texas Radiation Control Act (Health & Safety Code, Ch. 401), processing, storage and disposal of most types of low-level radioactive waste in Texas is regulated by the Texas Commission on Environmental Quality.  The NRC provides information about low-level waste disposal facilities in the U.S.  At present, there is not a permanent disposal facility for high-level waste, however one has been proposed at Yucca Mountain, Nevada.   

This entry was posted on March 22, 2011 at 9:53 AM and has received 5154 views. Print this entry.

Week in Review, March 17th

Mar 17

posted by TexasLRL in Week in review

  • Explore the cost of pensions to the states. (The New York Times, March 10, 2011)
  • Read about the recent rally of teachers and their supporters the Texas Capitol. (Stateline, March 14, 2011)
  • Find state legislation related to federal health care reform. (National Conference of State Legislatures, 2011)
  • Review Census 2010 redistricting data. (U.S. Census Bureau, 2011)
  • Learn what happens during a federal government shutdown. (Congressional Research Service, February 18, 2011)
  • Gauge the severity of nuclear incidents and accidents. (International Atomic Energy Agency, accessed March 17, 2011)

This entry was posted on March 17, 2011 at 3:26 PM and has received 1469 views. Print this entry.

Sunset Review of State Agencies: FAQs

Mar 14

posted by Admin in Sunset review

In the 2010-2011 biennium, 28 state agencies were subject to review by the Sunset Advisory Commission.  The Commission recently published its recommendations in its Report to the 82nd Legislature (February 2011). 

In this post, we answer commonly asked questions about the Sunset Advisory Commission and the sunset review process.

What is sunset review?
From the Commission's Guide to the Sunset Process - "Sunset is the regular assessment of the continuing need for a state agency to exist.  While standard legislative oversight is concerned with agency compliance with legislative policies, Sunset asks a more basic question: Do the agency's functions continue to be needed?  The Sunset process works by setting a date on which an agency will be abolished unless legislation is passed to continue its functions.  This creates a unique opportunity for the Legislature to look closely at each agency and make fundamental changes to an agency's mission or operations if needed.

The Sunset process is guided by a 12-member body appointed by the Lieutenant Governor and the Speaker of the House of Representatives.  Assisting the Commission is a staff whose reports provide an assessment of an agency's programs, giving the Legislature the information needed to draw conclusions about program necessity and workability."

Who are the current members of the Sunset Advisory Commission?
The Commission is made up of five House members, five Senate members, and two members of the public.  The Senate members are: Sen. Glenn Hegar, Jr. (chair), Sen. Juan "Chuy" Hinojosa, Sen. Joan Huffman, Sen. Robert Nichols, and Sen. John Whitmire.  The House members are: Rep. Dennis Bonnen (vice chair), Rep. Rafael Anchia, Rep Byron Cook, Rep. Linda Harper-Brown, and Rep. Larry Taylor.  The two public members are Charles McMahen and Lamont Jefferson. 

What agencies were reviewed for this session?
A total of 28 state agencies were under sunset review in the 2010-2011 biennium.  To see a list of these agencies, see page 3 of the Sunset Advisory Commission's Report to the 82nd Legislature.  Agency self-evaluations, Sunset staff reports, and other documents related to the review process can be found on the Commission's website. 

How do I find sunset bills?
During the legislative session, the Sunset Commission files legislation to enact improvements identified during the sunset review process.  A list of Sunset Commission bills introduced during the 82nd Regular Session is available online.

What agencies will be up for review in 2013?
37 state agencies are scheduled for sunset review in the 2012-2013 biennium.  Appendix A of the Sunset Advisory Commission's Report to the 82nd Legislature contains a list of these agencies. 

Which state agencies are subject to the Sunset Act and where can I find the dates of their last and next review?
The Sunset Commission's Guide to the Sunset Process provides a list of state agencies subject to the Sunset Act and the dates of their next and last review (see pg. 75.)

This entry was posted on March 14, 2011 at 1:44 PM and has received 2735 views. Print this entry.

Week in Review

Mar 10

posted by TexasLRL in Week in review

  • Examine revenue estimating errors that have affected the states during the recession. (Pew Center on the States / Nelson A. Rockefeller Institute of Government, March 2011)
  • Explore employee health benefit costs to employers. (Kaiser Family Foundation, February 2011)
  • Note that employer sponsored health coverage continues to decline. (Gallup, March 4, 2011)
  • Review a statistical portrait of women in America that tracks demographic and family changes, education, employment, health, and crime and violence. (U.S. Department of Commerce, Economics and Statistics Administration / Executive Office of the President, Office of Management and Budget, March 2011)
  • Get some sleep—a recent poll shows Americans aren't sleeping enough. (National Sleep Foundation, March 7, 2011)

This entry was posted on March 10, 2011 at 3:15 PM and has received 1388 views. Print this entry.

Bills in the News: Concealed Handguns on College Campuses

Mar 8

posted by TexasLRL in Bills in the News

Allowing concealed handguns on college campuses is a topic that has been hotly debated in Texas and in other states.  The issue has come up again this session, and the Texas Legislature has introduced 6 bills on the subject to date. To view a list, use the bill search feature of the Texas Legislature Online and select subject criteria: Education--Higher--Institutions & Programs (I0223), and CONCEALED HANDGUNS (S0241).
 
Here are a few current stories that provide detailed information about the issue in Texas:
·        "Texas poised to pass bill allowing guns on campus." Associated Press, carried by The Dallas Morning News, February 20, 2011.
·        "Possible campus gun law spurs questions from area school officials." The Longview News-Journal, February 23, 2011.
·        "UT chancellor warns against guns on campus." The Austin American-Statesman, February 26, 2011.
·        "Aggies reject guns on campus". The Bryan Eagle, March 2, 2011.
·        "Texans divide over guns on campus." The Wall Street Journal, March 3, 2011.
 
Texas law on concealed handguns is available via the Texas Department of Public Safety (last updated Nov. 2010).
 
Currently, Utah is the only state that allows concealed handguns on campus. The Supreme Court of Utah issued an opinion, clarifying the statutes that allow concealed handguns on campuses.
 
To learn more about various state weapons laws on college campuses, try the National Conference of State Legislatures, which provides "Guns on Campus: Overview" and "Guns on Campus: Resources."

 

This entry was posted on March 8, 2011 at 4:19 PM and has received 2558 views. Print this entry.

Amending the U.S. Constitution

Mar 7

posted by TexasLRL in Legislation

How can the U.S. Constitution be amended?
Article V of the U.S. Constitution prescribes how an amendment can become a part of the Constitution. 
 
Article V reads “The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.”
 
Under Article V, amendments to the Constitution must first be proposed, either by Congress or by a Constitutional Convention, and must then be ratified by three-fourths of the states.
 
All amendments to date have been proposed by Congress; the convention method of proposing amendments to the Constitution has never been used.
 
Have there been efforts to call a Constitutional Convention to amend the U.S. Constitution?  How would it work?
Since 1789, state legislatures have submitted more than 400 calls for a constitutional convention.  These petitions have dealt with a variety of topics, including the direct election of Senators, income taxes, congressional apportionment, school assignments, school prayer, and the federal budget. In several cases, these efforts have come very close to obtaining petitions from requisite two-thirds of state legislatures.   
 
A number of questions surround the convention method of amending the Constitution.  Must the petitions call for a convention be identical, very similar, or just deal with the same topic?  Can petitions issued years or even decades apart be counted together?  Can a convention be limited to considering amendments on a specific topic, or could a convention be free to consider any changes to the Constitution?
 
The following sources discuss these issues:
Has Texas ever petitioned for a Constitutional Convention to propose amendments to the U.S. Constitution?
The Texas Legislature has passed a number of resolutions calling for a constitutional convention to propose amendments to the U.S. Constitution:
 
Is the Legislature currently considering any resolutions petitioning Congress to call a constitutional convention?
A number of resolutions have been filed relating to the United States Constitution, including several calling for a constitutional convention.  You can find them under the subject "Resolutions--United States Constitution" at Texas Legislature Online.
 

This entry was posted on March 7, 2011 at 10:58 AM and has received 1797 views. Print this entry.

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