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Legislative Wrap-Ups

Following each legislative session in Texas, organizations, state agencies, and other entities publish "wrap-ups" summarizing new laws and key legislative developments on various issues such as education, the environment and criminal justice. Wrap-ups can range from a simple list of bills to a detailed report that includes background information and expert analyses. 

 

Below is a short selection of legislative wrap-ups for the 2011 Legislative Session. More are available, and some are still being written. To find one on a topic that interests you, check the websites of state or national organizations that focus on the issue, or of state agencies, or visit  the library and search the Current Articles database.
 
Texas Comptroller of Public Accounts

Legislative Update: Focus on 2011 Legislation
http://window.state.tx.us/taxinfo/taxpubs/tx96_237_3_11.pdf


Texas Public Employees Association

TPEA Legislative Update - June 2011

 

Texas Department of Criminal Justice

Summary of Selected Legislation enacted by the 82nd Legislature, Regular Session 6/13/2011

 

Texas Department of Public Safety

New Texas traffic, criminal laws set to go into effect Sept. 1

 

Texas Department of State Health Services

82nd Legislative Session Summary

 

Texas Medical Association

TMA’s 2011 Legislative Report Card

 

Texas Education Agency

Texas Education Today - Bill Summaries from the 2011 Legislative Session

 

Texas Classroom Teachers Association

The 82nd Legislative Sessions: Game over, reset

 

Texas Commission on Environmental Quality

Legislative Wrap-Up Report - 82nd Texas Legislature

 

Texas Transportation Institute

Summary of the 82nd Legislative Session

 

League of Women Voters

Wrap-Up of 82nd Texas Legislature—Regular & Special Sessions


 
 

New Laws Effective September 1, 2011

On September 1, 2011 provisions of more than 700 bills passed during the regular session of the 82nd Legislature will take effect.
 
Additionally, sections of eight bills passed during the 81st Legislature in 2009 , including changes to vehicle registration fees, will take effect on September 1.
 
To keep up with new laws throughout the year, check the Library's list of bill effective dates.

Constitutional Amendments

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 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.  
 

Session Laws and Signed Bill Copies, 82nd R.S.

Following each legislative session, people ask us where they can view signed copies of bills and how to find session law chapter numbers for bills that became law.

The information requested in both of these questions can be found on the Secretary of State's website. As bills that passed the Legislature are signed by the Governor, copies are filed with the Secretary of State's office, where they are scanned and made available online on the
Bills and Resolutions page. Bills are listed by type and bill number range. Some bills are filed without the Governor's signature, and links to view these bills are included in the list. You can determine whether a bill that passed the Legislature was signed or filed without the Governor's signature by looking up the bill in the Texas Legislature Online. If the bill passed but was not signed, you will see the action "Filed without the Governor's signature."

The same page that contains links to signed copies also lists the session law chapter numbers that were assigned to each bill. The session laws constitute a complete set of all bills passed into law during a particular legislative session. Chapter numbers are used primarily for citing a bill in a legislative history annotation. The Library's
bill-chapter cross reference table, which allows you to search chapter numbers and their corresponding bill numbers back to the 19th Legislature, will be updated with 82nd R.S. bills once all chapter numbers have been assigned.

82nd R.S. Adjourns Sine Die

After 140 days, the regular session of the 82nd Legislature adjourned sine day on May 30, 2011.  What's next for the thousands of pieces of legislation considered during the regular session?

How many bills were filed? How many passed?
The legislative statistics report from Texas Legislature Online shows 5,796 House and Senate bills were filed during the regular session of the 82nd Legislature; 1,379 bills passed. 
 
For comparison, one hundred years ago the 32nd Legislature filed 981 bills and passed 243.
 
See our bill statistics page for more historical statistics.
 
If the Legislature passes a bill, does it become a law right away?
No. Under Article 4, Section 14 of the Texas Constitution, bills passed by the Legislature must be submitted to the Governor for approval. The Governor can sign a bill, veto it, line-item veto an appropriation, or allow a bill to become law without his signature.
 
How long does the governor have to approve or veto legislation?
The Governor has twenty days after final adjournment to consider bills received in the final ten days (not counting Sundays) of the session. Sunday, June 19th is the last day the Governor can sign or veto legislation.
 
If the governor approves a bill, when will it take effect?
The text of a bill may include effective date provisions requiring the bill to take effect immediately, to take effect on a specified day or there may be no mention of an effective date.
 
According to Article III, Section 39 of the Texas Constitution, a bill cannot become effective until at least 90 days after the session ends unless the bill passes both chambers with a favorable vote by two thirds of the members. 
 
Monday, August 29, 2011 is the 91st day following final adjournment; bills that do not specify an effective date and those that did not have the two thirds vote necessary to take effect earlier will take effect on August 29th.
 
If a bill received the votes necessary to become effective immediately, it will take effect on the date of the last action necessary for it to become law. This could be when the governor signs it, when the governor files it with the secretary of state without approving or vetoing it, or when the time for the governor to act expires, if the bill has not been approved or vetoed during that time.
 
Use  Texas Legislature Online to track the status of bills.
 
What happens to bills that did not pass?
Bills that did not make it completely through the legislative process die with the end of the session and are not automatically reintroduced during the next session. 
 
What about other types of legislation?
Joint resolutions that propose amendments to the Texas Constitution do not require the approval of the Governor, and are filed with the Secretary of State. Proposed constitutional amendments are sent to the voters for approval or disapproval. 
 
The 82nd Legislature passed ten joint resolutions proposing constitutional amendments. These proposed amendments will be on the ballot on November 8, 2011. 
 
Most concurrent resolutions must be sent to the Governor for approval. The Governor must approve a concurrent resolution for it to take effect. 
 
Simple resolutions are passed by only one chamber of the Legislature, and do not require the Governor's approval.

Amending the U.S. Constitution

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.
 

New laws take effect January 1, 2011

The beginning of 2011 will bring some new laws, including an increase in the minimum coverage requirements for auto insurance, as legislation passed during the 80th and 81st legislative sessions goes into effect.  

 Taking effect January 1, 2011:

  • HB 2347, 81st Legislature, Regular Session
    Relating to tuition and fee exemptions at public institutions of higher education for certain peace officers enrolled in criminal justice or law enforcement course work and for certain educational aides.
    Sections 1 and 3 take effect January 1, 2011; the rest of the act took effect on June 19, 2009.
  • HB 2774, 81st Legislature, Regular Session
    Relating to self-directed and semi-independent status of state financial regulatory agencies and the licensing and regulation of certain persons involved in residential mortgage lending; making an appropriation; providing a penalty.
    This Act took effect September 1, 2009, except Section 5 took effect April 1, 2010, and Sections 9 and 12 take effect January 1, 2011.
  • HB 4833, 81st Legislature, Regular Session
    Relating to the creation of district courts and statutory county courts and to the composition of juvenile boards in certain counties.
    This Act took effect September 1, 2009, except Sections 4 and 10 took effect October 1, 2009; Section 5 took effect December 15, 2009; Section 6 took effect September 1, 2010; Section 7 took effect November 1, 2010; Sections 2 and 15 take effect January 1, 2011, excluding Section 15(c), which took effect September 1, 2009; and Section 12 takes effect September 1, 2011.
  • SB 873, 81st Legislature, Regular Session
    Relating to a requirement that certain appraisal districts provide for electronic filing of and electronic communications regarding a protest of appraised value by the owner of a residence homestead.
  • HB 473  80th Legislature, Regular Session.  Relating to benefits provided under the workers' compensation system, including fee guidelines for medical benefits and payment of benefits under interlocutory orders.
    This Act took effect September 1, 2007, except Section 413.011(d-4), Labor Code, as added by this Act, takes effect January 1, 2011.
  • HB 4139, 80th Legislature, Regular Session
    Relating to the creation of a county court at law in Van Zandt County.
  • SB 502, 80th Legislature, Regular Session
    Relating to minimum insurance coverage amounts to establish evidence of financial responsibility under the Texas Motor Vehicle Safety Responsibility Act and to providing information with regard to compliance with the Act.  
To keep up with new laws throughout the year, check the Library's list of bill effective dates.

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