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Prefiling Statistics, 83rd Regular Session

In Texas, the Rules and Precedents of the Texas House (Rule 8, Section 7) and Senate Rules (Rule 7.04) allow legislators to prefile bills "beginning the first Monday after the general election preceding the next regular legislative session."

 

Prefiling for the 83rd Texas Legislature began on Monday, November 12, the first Monday after the general election on November 6. Following are the number of prefiled bills and joint resolutions as of Monday, January 7:

 

                83R Prefiled Bills and Joint Resolutions

                (11/12/12–1/7/13)

 

                HB/HJR                 385

                SB/SJR                  149

 

                Total                      534

 

How do these numbers compare to previous sessions? Following are the number of bills and joint resolution prefiled during the last two regular sessions:

 

                82R Prefiled Bills and Joint Resolutions

                (11/8/10–1/10/11)

 

                HB/HJR                 575

                SB/SJR                  312

 

                Total                      887

 

                81R Prefiled Bills and Joint Resolutions

                (11/10/08–1/12/09)

 

                HB/HJR                 603

                SB/SJR                  455

 

                Total                      1,058

 

The total number of bills and joint resolutions prefiled for the 83rd regular session is 60.2% of those prefiled during the 82nd regular session, and 50.5% of those prefiled during the 81st regular session.

New Laws Take Effect September 1, 2012

On September 1, 2012, provisions of five bills passed by the regular session of the 82nd Legislature in 2011 will take effect, as will parts of SB 1, passed during the first called session.
 
The new laws cover a wide range of topics, including health information, trademarks, food safety, child care, and child support.
 
To keep up with new laws throughout the year, check the Library's list of bill effective dates.

Changes are Coming to the Texas Trademark Act

On September 1, 2012, an overhauled and expanded version of the Texas Trademark Act will take effect. Passed during the 82nd Legislature as House Bill 3141, the revised Act is meant to more closely track model trademark procedures and reduce the potential for conflict with federal trademark laws. Notable changes include:
  • Additional and expanded penalties for trademark infringement;
  • More specific definitions of trademark dilution and new limitations on which marks qualify for protection under the dilution rules;
  • Enhanced filing requirements for both new applications and trademark renewals;
  • An expanded likelihood of confusion review that includes federal as well as Texas trademarks;
  • A reduction of the registration term from ten to five years.
The Texas Secretary of State has posted an updated trademark application form and guidance on some of the new trademark provisions. Interested parties may also want to review the Texas Administrative Code's new trademark regulations, also effective on September 1.
 

Texas "voter ID" timeline: key events and related documents

As the July 9 trial date approaches for the Texas voter identification lawsuit, you may be interested in some of the key events and documents listed below.
 
January 20, 2011: Rick Perry submits voter identification as an emergency matter to the 82nd Texas Legislature.
 
May 18, 2011: The 82nd Texas Legislature, Regular Session (2011), passes S.B. 14, "Relating to requirements to vote, including presenting proof of identification..."
 
July 25, 2011: Texas submits S.B. 14 (82nd R.S.) for preclearance pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. § 1973c.
 
For a description of Section 5 preclearance, please see: http://www.justice.gov/crt/about/vot/redistricting.php
 
September 23, 2011: Letter from U.S. Department of Justice to Texas Secretary of State regarding submission of S.B. 14 - requesting additional information on Texas voter education program, training, and Spanish surname data.
 
October 4, 2011: Texas response to September 23, 2011 request for additional information.
 
November 16, 2011: Letter from U.S. Department of Justice to Texas Secretary of State regarding submission of S.B. 14 - requesting number of registered voters in Texas, by race and Spanish surname within county of residence, who currently possess a Texas driver's license or other form of photo identification…
 
January 12, 2012: Texas response to November 16, 2011 request for additional information.
 
 
 
Case information: State of Texas c/o Attorney General Greg Abbott v. Eric H. Holder, Jr., Attorney General of the United States (No. 1:12-cv-00128).
 
March 12, 2012: Department of Justice declines to approve Texas voter ID law (S.B. 14, 82nd R.S.).
 
 
March 22, 2012: Plaintiff's motion for protective order regarding legislative privilege. Includes:
  • Exhibit A, U.S. DOJ Letter requesting depositions of 12 Texas legislators;
  • Exhibit B, United States' first set of requests for production of documents;
  • Exhibit C, United States' first set of interrogatories;
  • Exhibit D, Proposed order granting motion for protective order.
March 23, 2012: Affidavit of Keith Ingram, Director of Elections, Texas Secretary of State.
 
March 29, 2012: Defendant’s response in opposition to plaintiff’s motion for a protective order.
 
April 2, 2012: Texas' reply on legislative privilege.
 
April 10, 2012: United States' statement in support of its request to depose and seek documents from state legislators and staff. 
 
April 20, 2012: Order denying Texas' motion for protective order.
 
April 23, 2012: U.S. Attorney General's motion for clarification about the scheduling order and to reset the trial date.
 
May 7, 2012: Court order regarding submission of key evidence.
 
July 9, 2012: U.S. District Court for the District of Columbia scheduled to hear live testimony for State of Texas c/o Attorney General Greg Abbott v. Eric H. Holder, Jr., Attorney General of the United States (No. 1:12-cv-00128).
 
For a complete list of court documents related to this case, please see: ElectionLaw @ Moritz-Texas v. Holder. You may also view their collection of media coverage on the Texas voter identification lawsuit.
 

Planned Parenthood vs. Texas: Key court documents, laws, rules and legislation

If you're following the Planned Parenthood vs. Texas case about the Women's Health Program, you may be interested in the key court documents, laws, rules and legislation listed below.

Key court documents

Planned Parenthood of Austin Family Planning, Inc., et al vs. Thomas M. Suehs, Executive Commissioner, Texas Health and Human Services Commission (1:12-CV-00322, Women's Health Program).

April 11, 2012: Original complaint (filed in the U.S. District Court for the Western District of Texas)

April 11, 2012: Plaintiffs' motion for preliminary injunction

April 30, 2012: Order granting preliminary injunction (Judge Lee Yeakel, U.S. District Judge in the U.S. District Court for the Western District of Texas)

April 30, 2012: State's motion to stay preliminary injunction (filed in the U.S. Court of Appeals for the 5th Circuit)

April 30, 2012: U.S. Court of Appeals for the 5th Circuit grants state's motion to stay preliminary injunction

May 1, 2012: Planned Parenthood files motion to lift stay of preliminary injunction

May 4, 2012: U.S. Court of Appeals for the 5th Circuit vacates  its April 30,2012 order granting stay of preliminary injunction. The case is being placed on the Court's oral argument calendar for the week of July 9, 2012.

*In an earlier, related case on March 16, 2012, Texas' attorney general sued the federal government to have federal funding restored to the Women's Health Program. See: State of Texas v. Kathleen Sebelius, Secretary of the U.S. Department of Health and Human Services; Original complaint (No. 6:12-cv-62)

Related legislation, laws and rules

SB 7, 82nd 1st Called Session (2011): Relating to the administration, quality, and efficiency of health care, health and human services, and health benefits programs in this state; creating an offense; providing penalties.

Laws and rules:

Texas Human Resources Code, Sec. 32.04 (c-1): Authority and scope of program; eligibility; demonstration project for women's health care services

Texas Administrative Code, Part 1, Women's Health Program §§ 354.1361-354.1364 (For background information, please see proposed rule text as adopted: Definition of 'affiliate,' Adopted rules, 1 TAC §§354.1361-354.1364) (Texas Register)

(Federal) 42 U.S.C. § 1396a, State plans for medical assistance, Subsection (a)(23), 'any individual eligible for medical assistance (including drugs) may obtain such assistance from any institution, agency, community pharmacy, or person, qualified to perform the service or services required,' Social Security Act § 1902(a)(23)

Drought, Blue Devils, and Public Schools: Explore Texas History with LAS

Texas Temporary Capitol buildingTexas was suffering from a severe drought. Transportation planning, taxes, and public school finance were topics of debate.  It sounds familiar – but this was the nineteenth century, not the twenty-first. 


In 1883, the 18th Legislature passed, and voters approved, a constitutional amendment providing for an ad valorem tax for the support of public schools, but additional legislation was needed. 
 
 
The San Antonio Light reports on fence cutting
Meanwhile, the drought exacerbated conflicts between landless cowboys and ranchers who had fenced their land – and occasionally neighboring public land – with barbed wire. Desperate to find water and grazing for their herds, organized bands of cowboys with names like Blue Devils and Javelinas took to cutting fences, causing millions of dollars of damage. 
 
 
The conflict between cattle ranchers and fence cutters was reaching the point of crisis; landowners demanded action, but there were no laws that would allow an adequate response.
 
 
In January of 1884, Governor Ireland called the Legislature into special session to address public school finance, fence cutting, and other issues. By the end of the special session, laws had been passed to make the willful cutting of fences a crime; to forbid landowners from fencing public lands; to alter the system of school finance; and to improve county roads.


Whether you are interested historical issues, like the fence-cutting wars, or in subjects of recurring interest, like school finance and transportation, the Legislative Archive System can help. With the Legislative Archive System, you can search for passed legislation back to 1883 by bill number, session law chapter, and caption. 


Additional search options and resources
are available for more recent sessions. For assistance using LAS, please contact the library.

New Laws Take Effect January 1, 2012

The beginning of 2012 will bring some new laws, as legislation passed by the 82nd and 81st legislatures goes into effect.
 
21 bills passed during the 82nd Regular Session take effect in their entirety on January 1. Two additional bills, SB 144 and SB 516 will take effect January 1 due to voter approval of constitutional amendments.
 
Another 14 bills passed during the Regular Session have provisions that take effect January 1, as do two bills passed during the 82nd First Called Session.
 
Provisions of HB 4765, 81st Regular Session, will also take effect on January 1.
 
To keep up with new laws throughout the year, check the Library's list of bill effective dates.

82nd Session Legislative Summaries Now Available

After each legislative session, the House Research Organization (HRO), the Senate Research Center (SRC), and the Texas Legislative Council (TLC) publish overviews of the session's accomplishments. These reports provide summaries of enrolled bills and analysis of major legislation. All three are now available for the 82nd Legislature, Regular Session and First Called Session: 

Each overview is organized by topic and gives a unique look at the session. The SRC overview provides brief summaries of all enrolled bills. The TLC overview offers summaries of all enrolled legislation and also includes effective dates and veto statements. The HRO overview focuses on legislation on major topics, including bills that did not pass, and contains extensive analysis and statements by supporters and opponents.  

If you're looking for information on previous sessions, overviews for the 53rd-81st Legislatures can be found at the Legislative Reference Library's Session Summaries page.

Upcoming Constitutional Amendments Election - Nov. 8

Note: This blog entry was originally published in August 2011.

On November 8, 2011, voters will have a chance to consider
ten constitutional amendments proposed by the 82nd Legislature.  The proposed amendments cover a wide range of topics, including taxes, bonds, the Permanent School Fund, pardons, and terms of office. For questions on when, where and how to vote, see the Texas Secretary of State's Votexas.org website.
 
For background and analysis of the ballot propositions, see the House Research Organization's Constitutional Amendments Proposed for Nov. 2011 Ballot, and the Texas Legislative Council's Condensed Analyses of Proposed Constitutional Amendments.
 
The Texas Constitution is one of the longest in the nation and it's still growing.  The Constitution is changed through amendments, which are proposed by the Texas Legislature and accepted or rejected by the voters.
 
Since the current Constitution was adopted in 1876, 467 amendments have been accepted and 176 have been defeated.  
 
Constitutional Amendments Proposed for the November 8, 2011 ballot
 
82nd R.S.
1
The constitutional amendment authorizing the legislature to provide for an exemption from ad valorem taxation of all or part of the market value of the residence homestead of the surviving spouse of a 100 percent or totally disabled veteran.  
   
82nd R.S.
2
The constitutional amendment providing for the issuance of additional general obligation bonds by the Texas Water Development Board in an amount not to exceed $6 billion at any time outstanding.  
   
82nd R.S.
3
The constitutional amendment providing for the issuance of general obligation bonds of the State of Texas to finance educational loans to students.  
   
82nd R.S.
4
The constitutional amendment authorizing the legislature to permit a county to issue bonds or notes to finance the development or redevelopment of an unproductive, underdeveloped, or blighted area and to pledge for repayment of the bonds or notes increases in ad valorem taxes imposed by the county on property in the area. The amendment does not provide authority for increasing ad valorem tax rates.  
   
82nd R.S.
5
The constitutional amendment authorizing the legislature to allow cities or counties to enter into interlocal contracts with other cities or counties without the imposition of a tax or the provision of a sinking fund.  
   
82nd R.S.
6
The constitutional amendment clarifying references to the permanent school fund, allowing the General Land Office to distribute revenue from permanent school fund land or other properties to the available school fund to provide additional funding for public education, and providing for an increase in the market value of the permanent school fund for the purpose of allowing increased distributions from the available school fund.  
   
82nd R.S.
7
The constitutional amendment authorizing the legislature to permit conservation and reclamation districts in El Paso County to issue bonds supported by ad valorem taxes to fund the development and maintenance of parks and recreational facilities.  
   
82nd R.S.
8
The constitutional amendment providing for the appraisal for ad valorem tax purposes of open-space land devoted to water-stewardship purposes on the basis of its productive capacity.  
   
82nd R.S.
9
The constitutional amendment authorizing the governor to grant a pardon to a person who successfully completes a term of deferred adjudication community supervision.  
   
82nd R.S.
10
The constitutional amendment to change the length of the unexpired term that causes the automatic resignation of certain elected county or district officeholders if they become candidates for another office.  
 

New! Committee Minutes (1973-1995)

The library has a new resource that provides access to scanned House and Joint committee minutes from the 63rd-74th Legislatures (1973-1995). You can find it on our website under Committees --> Committee minutes. Senate minutes for the 63rd-74th Legislatures (1973-1995) are currently being scanned and will be added as completed. More recent minutes for the 75th Legislature (1997) to the present are available from Texas Legislature Online Committees.
 
Minutes summarize committee proceedings and record the time and place of each meeting, members present, bills considered, witness lists, and votes taken. Minutes typically do not contain transcriptions of discussions or testimony.  For information on how to access that information, see the library's Legislative Intent Guide under Audio Recordings of Legislative Discussion.

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