Thursday, June 11, 2009

Blog # 16 The List

Summary List of 81st Legislature Bills In favor and Against.
Final lobby effort results.




After 140 days (no where near enough time to consider the important and unresolved legislation that died via political machinations, no matter what the House Speaker may say - more on this in my next blog), many meetings, negotiations and a great deal of energy expended (including much ceremonial Hoo Hah), the 81st Texas Legislature has finished - except for the as yet unscheduled "Special Session" to complete the sunset reviews for TxDOT, TDI and other agencies, the agency renewal bills not making it to the floor for a vote because of the Republican insistence to force the undemocratic Voter I.D. bill.  

Following are the bills I witnessed for and against which cover many of the issues Greens represent. 

 

As a guide to my notes following, the result for each bill is below the bill number in BOLD.  I also put in BOLD the bill numbers of the legislation that made it all the way to the Governors signature.

Bills ended their tenure at several steps in the legislative process:  1) referred to a committee, 2) left pending in committee, 3) considered in calendars (there are three different calendar committees, 4) some step in the printing/reporting process before or after calendars, 5) referred to one house or the other, and  6) sent to the Governor for signing, and 7) signed by the Governor.  Please refer to the Texas Legislature on-line "How a bill becomes law" to answer your questions in the step-wise process http://www.tlc.state.tx.us/gtli/legproc/process.html


Or you can look up a bill on the website http://www.legis.state.tx.us/ and click on "bill stages" to see how far along the bill moved.


My next blog will be a review of my experiences and observations of/at the legislature and my impressions of high and low points.

Stay tuned!





In Favor

HB 820  Ortiz, Jr., Ballot Access - Relating to certain ballot access requirements.  

Left pending in committee 4.27.09


(Lobbied/requested staff Re-filing) HB 2209 Proportional voting - Instant Runoff Voting - Filed by Rep. Rodriguez in the 80th Legislative Session.  

Was not re-filed.


(Lobbied/requested staff Re-filing) HB 2280 Primary Screen-Out - Filed by Rep. Strama in the 80th Legislative Session.  

Was not re-filed.


HB 682 Farrar | Hodge | Marquez, Abolition of Death Penalty.  

Left pending in committee 3.12.09


HB 164 Naishtat | Coleman, Relating to the medical use of marihuana.   

Referred to Public Health, 2.12.09


HB 741 Castro | Strama | Villarreal | Farrar | Allen Relating to health education curriculum and instruction in public schools (Accurate Sex Education in Schools)   Companion bill:  SB 515 by Ellis, Identical   

Left pending in committee 3.31.09


HCR 75 Lucio III | Alonzo | Burnam  Urging congress to explore alternatives to border security in South Texas other than the fencing described in the Secure Fence Act.  Alternatives to (Mexico) Border Fence. 

Considered in Calendars - 052409


HB 595 Leibowitz | Rodriguez  Relating to a restriction on permits authorizing discharges of sewage effluent into any water in the contributing or recharge zone of the San Antonio or Barton Springs segment of the Edwards Aquifer.Restrict permits for sewage effluent into Edwards Aquifer.  

Left pending in Committee 031709


HB 1508 Bolton  Relating to a restriction on permits authorizing direct discharges of waste or pollutants into water in certain areas associated with the Barton Springs segment of the Edwards Aquifer.  Restrict permits for direct discharge of pollutants into Edwards Aquifer  

Committee Report sent to Calendars 042808


HB 538 Villarreal | Cohen  Relating to the prohibition of employment discrimination on the basis of sexual orientation or gender identity or expression.  Prohibit employment discrimination on basis of sexual orientation....  

Referred to State Affairs  021809


HB 353 Rodriguez | Cohen | Farrar  Relating to certain health care rights of domestic partners.  Domestic partners medical and funeral decisions  

Referred to Public Health  021709


HB 1455 Howard, Donna  Relating to the award of attorney's fees, costs, and certain damages in a proceeding to revoke a medical power of attorney.  

Referred to Public Health 030209 


HB 861 Naishtat | Cohen | Strama | Thompson  Relating to the authority of certain university systems to provide benefits to certain qualified individuals.  University benefits for employees and faculty and their dependents.  

Left Pending in Committee 041409


HB 197 Alonzo  Relating to prohibition of certain insurance discrimination.  Insurance discrimination  

Referred to Insurance 021209


HB 1323 Strama | Gonzales | Anchia | Lucio III | Pierson  Relating to bullying and harassment in public schools.  relating to bullying and harassment in public schools.  

Placed in General State Calendar 050809


HB 616 Veasey | Thompson | Anchia | Vaught  Relating to a study regarding the effectiveness of the James Byrd Jr. Hate Crimes Act.  

Committee report sent to Calendars.


HB 682 Farrar | Hodge | Marquez  Relating to abolishing the death penalty.  

Left pending in subcommittee 031209


HB 297 Dutton Relating to the abolition of the death penalty.  

Left pending in subcommittee 031209


HB 4299 Rose  Relating to rainwater harvesting and other water conservation initiatives.  Rainwater Harvesting incentives  

Placed on intent calendar


HB 171 Olivo, Relating to consideration of mitigating factors in determining appropriate disciplinary action to be taken against a public school student.  SB 2270 Gallegos, Identical.  

Sent to the Governor 060309


HB 172 Olivo, Relating to the right of a parent of a public school student to prompt notice of certain disciplinary action taken against the student.  

Placed on General State Calendar 051309


HB 943 Dutton, Relating to disciplinary actions imposed on public school students who disrupt the conduct of class or other school activities.  

Referred to Public Education 022309


HB 850 Eissler, Relating to repeal on a periodic basis of the provisions of Titles 1 and 2 of the Education Code to provide for legislative review of the primary state statutes governing public education.  

Left pending in committee  031009


HB 2267 Hodge  - Dutton  - "Law of Parties" - Relating to the joint or separate prosecution in capital felony cases.    

Left pending in sub-cmte 3.19.09


HB 304 Dutton - "Law of Parties" Relating to the extent of a defendant's criminal responsibility for the conduct of a co-conspirator in certain felony cases.

Left pending in sub-cmte 3.23.09


HB 1739  Donna Howard, Relating to a recognition week to celebrate Texas native plants.  

Sent to the Governor  053109


HB 2088  by Donna Howard, Relating to increasing public awareness of the benefits of native plant species.  

05/11/2009 H Placed on General State Calendar


SB 126 Ellis - Relating to a temporary moratorium on authorizations for certain coal-fired electric generating facilities.  

03/24/2009 S Left pending in committee


HB 977 by Burnam, Relating to use of the money from the Texas enterprise fund to promote renewable energy technology.  Identical bill by Wendy Davis, SB 878  05/12/2009 H Considered in Calendars


HB 1243 by Gallego | Farabee | Solomons | Swinford | Coleman, Relating to net metering for retail electric service customers and compensation for excess electricity generated by a retail electric customer's on-site generator.  

05/30/2009 H Statement of Leg. Intent Recorded in Journal


HB 1643  by Farabee, Relating to net metering for retail electric service customers and compensation for excess electricity generated by certain renewable energy technology generators.  

03/31/2009 H Subcommittee members named


HB 722  Donna Howard - Relating to the authority of certain municipalities to regulate the location of facilities to supply drinking water.  

05/08/2009 H Corrected comm. rept. sent to Local & Consent


HB 892 Villarreal, Naishtat - Relating to the Women's Health Program. Pending in Committee.  SB 594 Van de Putte, identical  

04/24/2009 H Committee report sent to Calendars


HB 1627 Naishtat, Walle - Relating to Low-Income Home Energy Assistance Program payments to assist certain households receiving food stamp benefits.  

04/30/2009 H Committee report sent to Calendars


Hse Resolution 680 Naishtat - In memory of William Judson Holloway III, co-chair of the Travis County Green Party.  

04/01/2009 H Reported enrolled


HB 1768   Branch, Homer - Relating to the elimination of straight-party voting. SB 317 Wentworth, identical / HB 135 Straus, duplicate.   

03/30/2009 H Left pending in committee



HB 3369 Rose - Relating to the use of prohibited electronic devices at polling locations.  Allows recognized/certified news reporters (including those principally reporting from the Web) access in polling stations.  

03/30/2009 H Left pending in committee


SB 1850 Shapleigh, Zaffirini co-author - Relating to the establishment of a home- and community-based services workforce council.  Reported favorably w/o amendments, recommended for local & uncontested calendar, cmte report printed & distributed.  HB 3263 Naisthtat [identical]  

5/22/2009 H Motion to suspend rules fails


HB 1323 Strama, Gonzales, Pierson - Relating to bullying and harassment in public schools. 

05/08/2009 H Placed on General State Calendar


HB 1567 Villarreal - Relating to abstinence education in public schools. Pending in Committee.  SB 1076 Van de Putte, identical.  

03/31/2009 H Left pending in committee


HB 741 Castro, Strama, Villarreal, Farrar, Allen - Relating to health education curriculum and instruction in public schools. Pending in Committee.  SB 515 Ellis, identical.  03/31/2009 H Left pending in committee


SB 1363 Shapiro - Relating to clarification of the essential knowledge and skills of the public school curriculum and the evaluation of conforming curriculum management systems. Pending in Committee., then set for new Public Hearing on 04/02/09.  HB 2155 Edwards, identical.  

05/19/2009 H Committee report sent to Calendars


SB 1459 Shapiro - Relating to education initiatives for students of limited English proficiency and students at risk of dropping out of school.  

04/30/2009 H Referred to Public Education


SB 1460 Shapiro - Relating to professional development academies designed for public school teachers who provide instruction to certain students of limited English proficiency.  

Passed Senate Education Committee.  04/30/2009 H Referred to Public Education


HB 1635 Todd Smith - Relating to the abolition of the Texas Residential Construction Commission.  

03/31/2009 H Left pending in subcommittee


HB 2243  Leibowitz - Relating to the licensing and regulation of residential construction contractors and the abolition of the Texas Residential Construction Commission; providing a criminal penalty.  

03/31/2009 H Left pending in subcommittee


HB 2695 Gattis - Relating to the abolition of the Texas Residential Construction Commission.  

03/31/2009 H Left pending in subcommittee


HB 1386 by Yvonne Davis - Relating to the reporting of health care-associated infections at health care facilities.

Rationale:  Additional transparency of information, especially in the healthcare field, is always a benefit for the public!  

04/07/2009 H Left pending in committee


HB 3755 by Donna Howard - Relating to the period for which a prescription written for a Medicaid recipient is valid.

Provides for the consistency between state and federal regulations.  

05/11/2009 H Placed on General State Calendar


HB 40 by Corte - Relating to regulations on certain complementary and alternative health care services.

(Protection against consumer fraud in alternative medical practices.)  

04/07/2009 H Left pending in committee


HB 3259 by Naishtat - Relating to the creation of the Council on Children and Families and the Children's Behavioral Health Council.

Bill analysis by the House Research Organization:  

C.S.H.B. 3259 establishes the Council on Children and Families to be administered through the Office of Program Coordination for Children and Youth in the Health and Human Services Commission. The bill requires the commissioner or executive directors of each state agency serving children and youth to be a member of the council and sets forth the required duties of the council.  The bill also establishes the Children's Behavioral Health Council to provide a coordinated, comprehensive, interagency approach to the development and delivery of behavioral health services to children.   

04/24/2009 H Committee report sent to Calendars


HB 4341 by Truitt - Regulation of discount health care programs by Texas Department of Insurance.

(Proposed legislation for consumer protection against discount health care companies.)  

05/26/2009 E Sent to the Governor



HB 2468 Rodriuez - Relating to public access to the examination and approval of voting systems used in an election.  

I witnessed in favor for this bill,  because PUBLIC access is always a good thing, especially when it comes to elections and voting systems!  

04/20/2009 H Left pending in committee


HB 2524 Anchia - Relating to the accuracy, security, and reliability of certain electronic voting systems.

I witnessed in favor of this bill because I felt it points to the fact that there are problems with voting with non-verifiable computer voting machines.  I know Rep. Anchia is aware of where there has been identified systemic fraud - he spoke at www.davidhasissues.com on the Voter I.D. bill(s) and spoke about real instances/circumstances of voting fraud.  However, in the Green Party alliance with the Voterescue.org folks I was later reminded that they were against this bill feeling that ALL computer voting machines arrive "pre-hackable".   06/03/2009 E Sent to the Governor


HB 721 Rep. Donna Howard | Moody | Naishtat | Farrar- Relating to permitting procedures of the Texas Commission on Environmental Quality for control of air pollution.  

04/29/2009 H Left pending in committee


HB 3182 by Rep. Sinfronia Thompson -  The Texas Home Lemon Law - Relating to consumer protection for and remedies available to a homebuyer whose home does not comply with certain warranties; providing an administrative penalty.  

04/22/2009 H Left pending in committee


HB 799 Lucio III | et al. - Relating to an exemption from the sales tax for certain renewable energy devices.  

04/22/2009 H Left pending in committee


HB 880 Strama | et al. - Relating to the exemption from ad valorem taxation of certain energy efficiency-related improvements to real or personal property.  04/22/2009 H No action taken in committee


HJR 47 Strama | et al. - Proposing a constitutional amendment authorizing the legislature to exempt from ad valorem taxation certain energy efficiency-related improvements to real or personal property.  

04/22/2009 H No action taken in committee


HB 1140 Truitt - Relating to a franchise tax credit for the purchase and installation of solar energy devices connected to an electric transmission or distribution system.  04/22/2009 H No action taken in committee


HB 1361 Anchia | et al. - Relating to the imposition of a fee for certain plastic bags provided to customers by retailers.  

04/22/2009 H Left pending in committee


HB 1417 Leibowitz | et al. - Relating to an exemption from the sales tax for certain renewable energy systems and related equipment.  

04/22/2009 H Left pending in committee


HB 1751 Leibowitz - Relating to an exemption from ad valorem taxation of a renewable energy device, structure, facility, or system installed or constructed on residential property, land designated for agricultural use, or open-space land devoted to farm or ranch purposes for the generation of energy for use in connection with the property.  04/22/2009 H Left pending in committee


HJR 72 Leibowitz - Proposing a constitutional amendment to authorize the legislature to exempt from ad valorem taxation of a renewable energy device, structure, facility, or system installed or constructed on residential property, land designated for agricultural use, or open-space land devoted to farm or ranch purposes for the generation of energy for use in connection with the property.  

04/22/2009 H Left pending in committee


HB  1936 Villarreal - Relating to the authority of the governing body of a municipality to exempt a portion of the value of a residence homestead from ad valorem taxation if the homestead meets certain energy efficiency standards.  

04/27/2009 H Committee report sent to Calendars


HJR 75 Villarreal - Proposing a constitutional amendment authorizing the governing body of a municipality to exempt a portion of the value of a residence homestead from ad valorem taxation if the homestead meets certain energy efficiency standards.  

04/27/2009 H Committee report sent to Calendars


HB 2150 Kleinschmidt - Relating to the eligibility of land for ad valorem tax appraisal as qualified open-space land.  

04/22/2009 H Left pending in committee


HB 2184 Leibowitz - Relating to a franchise tax credit for building new single-family homes or duplexes hat exceed certain energy efficiency standards.  

04/22/2009 H Left pending in committee


HB 2226 Parker - Relating to exemptions from the sales tax for certain solar and wind energy devices.  

05/05/2009 H Committee report sent to Calendars


HB 3098 Bolton - Relating to the use of hotel occupancy tax funds for the construction and maintenance of a children's playground located in a general law city.  05/31/2009 E Sent to the Governor


HB 3272 Howard, Donna - Relating to the eligibility of land for ad valorem tax appraisal as recreational, park, or scenic land on th basis of a restriction contained in a probated will.  

04/22/2009 H Left pending in committee


HB 3965 Dunnam - Relating to the exemption from a valorem taxation for certain property used to control pollution.  

05/13/2009 H Placed on General State Calendar


HB 4639 Lucio III - Relating to a franchise tax credit for certain investments made in relation to certain renewable energy technology systems.  

04/22/2009 H Left pending in committee


HJR 141 Coleman - Proposing a constitutional amendment to provide property tax abatement for home and business owners who install solar panels on their homes or businesses.  

04/22/2009 H Left pending in committee


 HB 282  Anchia | Maldonado - Relating to the designation of certain election days as state holidays.  Companion bill:  SB 138 by Ellis, Very Similar  

04/27/2009 H Left pending in committee


HB 1821 Davis, John - Relating to requiring a voter to be affiliated with a political party to vote in that party's primary election or otherwise participate in that party's affairs.  04/27/2009 H Left pending in committee


HB 4653 Howard, Donna - Relating to certain election practices and procedures relating to the conduct of elections; providing penalties.  THE "TX HAND-COUNTED PAPER BALLOT BILL OF 2009"  

04/27/2009 H Left pending in committee


HB 823  Turner, Sylvester | Rodriguez | Edwards  - Relating to the authority of a peace officer to take a blood specimen from a vehicle operator to test for alcohol concentration or other intoxicating substances.

YES, in Favor:   Restrict a peace officer from taking blood!  

05/05/2009 H Committee report sent to Calendars


HB 4082 Farrar -Relating to reducing mercury emissions from electric generating facilities; providing for an administrative penalty.  

04/29/2009 H Left pending in committee


SB 16 Averitt - Relating to the enhancement of air quality, including the capture and storage of carbon dioxide and development of a greenhouse gas registry, the development of emissions reduction technologies, and the improvement of energy efficiency in buildings, vehicles, and appliances; providing civil penalties.  

05/23/2009 H Placed on Major State Calendar


HCR 177 Howard, D. - Directing state agencies to initiate emission reduction policies and programs in order to help Central and South Central Texas meet the 2008 National Ambient Air Quality Standard for ground-level ozone.  

05/30/2009 S Received from the House


HB 4056  Allen - Relating to the establishment of a program for the collection, transportatin, recycling, ad disposal of mercury-added thermostats.  

05/12/2009 H Committee report sent to Calendars


HB 3590 Burnam - Relating to the creation by the Texas Commission on Environmental Quality of an inventory of emissions of air contaminants from oil or gas production, transportation, or processing facilities.  

04/29/2009 H Left pending in committee


HB 3591 Burnam - Relating to the control of emissions from crude oil and condensate storage tanks in certain areas of this state.  

04/29/2009 H Left pending in committee


HB 4085 Farrar - Relating to monitoring air contaminants under the Texas Clean Air Act.  

04/29/2009 H Left pending in committee


HB 3165 Davis, Yvonne - Relating to prohibition of certain practices by owners of developments supported with low income housing tax credit allocations.  

05/14/2009 H Laid on the table subject to call


HB 2675 Davis, Yvonne - Relating to the establishment of the foreclosure prevention program.  

04/29/2009 H No action taken in committee


HB 1735 Burnam - Relating to the imposition of an income tax on income that exceeds $100,000 to provide property tax relief and fund public education; providing penalties.  

04/29/2009 H No action taken in committee


HB 3361 Villarreal - Relating to a study by the comptroller on the use of call options by state government as a hedge against inflation in the cost of commodities purchased by state government.  

04/29/2009 H Left pending in committee


SB 598 Van de Putte - pilot revolving loan program at schools to retrofit photo voltaic solar panels and associated energy efficiency improvements.  

05/22/2009 H Placed on General State Calendar


SB 1973 Ellis - Relating to the creation and duties of the State NRG savings performance contract advisory council.  

05/06/2009 H Left pending in committee


HB 3135 Gallego - Relating to a TEXAS grant pilot project to provide incentives for students to attend certain underutilized public institutions of higher education.  

04/29/2009 H Left pending in committee


HB 3586 Gallego - Relating to the Texas Academy of Fine Arts, Culture, and Sciences at Sul Ross State University.  

05/12/2009 H Committee report sent to Calendars


HB 2058 Gallego - Senate review - Increase qualifications of lawyers representing indigent death penalty cases.  

Effective on 9/1/09  05/13/2009  Signed by the Governor 05/13/2009 

  





Against

SB 690 by Wentworth, Relating to the requirements for a petition proposing an amendment to the charter of a home-rule municipality.  Increases the number of signatures of citizens that would be required to place a charter amendment on the local ballot in home rule cities. 

Coalition of new political parties and individuals, including:  Green Party of Texas, Libertarian Party, Constitution Party, Independent Texans, others....  

03/18/2009 S Left pending in committee


Against HB 604 by Farabee - Relating to projects that may be undertaken by certain development corporations in connection with water conservation programs.

In my opinion a slippery slope has been created/promoted benefiting development corporations which have undue access to public funding, via so-called 'public-private partnerships', and are focused/function purely on a profit motive.  Water must be a public right and not a "resource" that can be manipulated by for-profit 'development' corporations, and therefore needs to be overseen by a public entity.  

04/07/2009 H Left pending in committee


Against SB 362 by Fraser - Relating to requiring a voter to present proof of identification.  

05/23/2009 H Placed on Major State Calendar


Against HB 125 by Brown - Relating to requiring a voter to present proof of identification.  

04/07/2009 H Left pending in committee


Against HB 2335 by Heflin - Relating to fees charged for issuance by a state or local governmental entity of identification that may be presented to be accepted to vote.  

04/07/2009 H Left pending in committee


Against HB 3556 by Bonnen - Relating to requiring a voter to present proof of identification.  

04/07/2009 H Left pending in committee


Against HB 1780 Hochberg - relating to the use of a driver's license or identification card issued by the Department of Public Safety in voter registration.

I witnessed the Green Party against this bill because I felt that, again, this was yet another attempt at a Voter I.D. approach which would not only serve as an additional cost to those not driving, seniors, minorities without birth certificates, etc., i.e. all the same reasons I have already written and others have observed against a Voter I.D.  

04/20/2009 H Left pending in committee


Against HB 1892  Berman -Relating to nominations by primary election by all political parties.

I witnessed against this bill - This was the bill that the libertarians had identified as a possible way in which to financially cripple New Parties by forcing them to hold a primary election (I have chosen to take up the monicker of referring to so-called 3rd parties as new, in order to connote alternative instead of 3rd place or "3rd world").  

04/20/2009 H No action taken in committee


HB 2721 by Flynn - Callegari, Relating to the procedure used by the Texas Commission on Environmental Quality in acting on certain applications for a permit, permit amendment, or permit renewal for a nuclear electric generation facility.  Bill threatens to fast-track water permits for nuclear plants, which use vast quantities of water. Water is precious, and Governor Perry has just requested federal aid for all 254 counties in Texas due to a statewide drought. Water permits should be given careful scrutiny, and not be rushed. The bill would actually deny citizens the right to a contested case hearing for these water permits!  

04/22/2009 H Left pending in committee


HB 2721 by Dan Flynn (NE Texas),  Bill Callegari (Katy).  Co-Authors, Phil King (Weatherford), Tim Kleinschmidt (Bastrop area), Randy Weber (Pearland, his district includes Bay City - home of South Texas Nuclear Project).  Relating to the procedure used by the Texas Commission on Environmental Quality in acting on certain applications for a permit, permit amendment, or permit renewal for a nuclear electric generation facility.  

04/22/2009 H Left pending in committee


HB 797 Lucio III - Relating to exempting fuel ethanol derived from cellulosic biomass and blended with gasoline from the motor fuels tax.  

04/22/2009 H Left pending in committee


HB 4166 Callegari - Relating to the provision of severance tax credits and exemptions and other incentives and procedures for producing oil from certain wells.   

04/22/2009 H Left pending in committee


SB 220 by Nichols, co-authors Watson | West, HB 1438 by Bolton, Similar, relating to the conversion of a nontolled state highway or segment of the state highway system to a toll project.  

05/12/2009 H Left pending in committee


HB 300 byIsett | Pickett | Harper-Brow, TXDOT Sunset Bill - Relating to the continuation and functions of the Texas Department of Transportation, including the transfer of certain functions to the Texas Department of Motor Vehicles and the Texas Department of Licensing and Regulation; providing penalties.

Included provisions for nontolled roads to become tolled, continued support for the Trans Texas Corridor (Number of Amendments = 180), 

05/30/2009 H Conf. Comm. Report printed and distributed


HB 1796 by Chisum | Hancock | Burnam | Hartnett, Senate sponsor Watson, Relating to the development of carbon dioxide capture and sequestration in this state.  

06/03/2009 E Sent to the Governor


HCR 180 by Isett | McClendon - Expressing the intention of the Texas Legislature not to implement the federal REAL ID Act of 2005.  

While DHS secretary is seeking a repeal to rebrand Real ID, potentially to include Enhanced Drivers License, we are not going to allow Texas to give tacit approval on the "fixed" version of Real ID as our deadline expires at the end of 2009.  

04/21/2009 H Referred to State Affairs


HB 44 Corte - relating to disclosing information to persons obtaining emergency contraception.  

A business establishment at which emergency contraception is dispensed or distributed shall display a sign, in clear view of each cash register in the establishment, that is at least 18 inches high by 24 inches wide and that, in block letters in a font that may be read clearly, reads in English and Spanish: "IF YOU BELIEVE THAT LIFE BEGINS AT FERTILIZATION THE POINT WHERE THE SPERM AND EGG UNITE THEN YOU NEED TO KNOW THAT EMERGENCY CONTRACEPTION MAY EITHER FUNCTION AS A CONTRACEPTIVE TO PREVENT THE EGG AND SPERM FROM UNITING OR PREVENT THE IMPLANTATION OF YOUR ALREADY FERTILIZED EGG IN YOUR WOMB. THE PHARMACIST DISPENSING THIS DRUG IS REQUIRED TO EXPLAIN TO YOU HOW THE PRODUCT MAY HELP TO PREVENT YOUR PREGNANCY."   

02/12/2009 H Referred to Public Health


SB 182 Patrick - Relating to informed consent to an abortion.  HB 36 by Corte, Identical  Abortion Consent and Forced Sonogram. 

05/26/2009 H Placed on Major State Calendar



Blog # 15: Senate Natural Resources Committee, May 21, 2009


Support for Rainwater Harvesting HB 4299 

Against HB 1796 Offshore geologic storage of carbon dioxide study.




Two bills are scheduled for hearings today (May 21, 2009).  The first you have heard much about in previous blog postings, Rep. Patrick Rose's HB 4299 Rainwater Harvesting incentives.  The second I only learned about the day before its hearing; and given my initial investigation (and follow up, post sine die) reading the bill and the legislative service analysis, I am opposed to HB 1796, though this is sponsored in the Senate by my Senator, Kirk Watson.

My written comments to the committee which were the basis for my verbal testimony follow.


Verbal testimony can be found at:

http://www.senate.state.tx.us/avarchive/?mo=05&yr=2009&lim=50    and scan down to May 21 Senate Committee Natural Resources.    

Or, if that direct link does not work you can start at the home page:


http://www.legis.state.tx.us/      and find Legislative Activity, video broadcasts = click on Senate.  Next page is Audio/Video Archives, click on 2009, and scan down to May 21 Senate Committee Natural Resources


The video footage for my testimony for HB 4299 starts at 13:00.  

The video footage for HB 1796 starts at 50:26, and my testimony is at 59:40.



Members of the Senate Natural Resources Committee hearing, 


I am opposed to House Bill 1796 for several reasons.  Yes, the ocean is a huge carbon sink - but it is not an unlimited resource and scientific studies show that it too has a limit.  The acidification of the oceans has been identified as a major problem to the continued health and survival of coral reefs.


Hard Corals whose chemical make up is of Calcium Carbonate, CaCO3, is a substance of basic  pH and coral reefs are dissolving because of ocean acidification caused by Carbon Dioxide or CO2 being absorbed from the atmosphere:

http://royalsociety.org/document.asp?id=3249  June 30, 2005

Ocean acidification due to increasing atmospheric carbon dioxide


These coral reef ecosystems are vital as nurseries for commercial and noncommercial fishing stocks.  Very little is known about them, but an example of one research study has shown that new neurological compounds discovered show great promise for pharmaceuticals and new drugs for neurological diseases.



I could agree to the Bureau of Economic Geology (BEG) doing a study, similar to what has been done in West Texas in the Permian Basin:  Land based, until the science of carbon sequestration is sound, peer reviewed and safety tested.


But I do not agree in the immediate allowance, as this bill provides, to begin pumping CO2 directly into the rock formations in the Gulf of Mexico without having any idea as to what effect large concentrated doses of carbon dioxide from unregulated sources could have on ocean ecosystems.  Beyond the lack of available sound science as to the impact of a CO2 spill or leak of large volume, the bill provides for any and all liability to be removed from the CO2 industrial originator once it has been transferred to the subsurface repository, which would then be owned by the School Land Board (this designation of responsibility is unclear and not explained), and monitored by the TNRCC (the legislation refers in the bill to the old name for what is now known as the Texas Commission for Environmental Quality or TCEQ).  Historically, monitoring programs are poorly funded and under staffed; in essence, an out of sight - out of mind industrial solution.


The Gulf is already suffering from coastal pollution from chemical and agricultural runoff.  One example originates from the mouth of the Mississippi River, an 8,500 square mile DEAD Zone made up of a toxic mix of pesticides, herbicides and nutrients with no oxygen, an anoxic environment.  A dead zone was discovered off the Texas coast from the Brazos River in July 2007.  These areas have negative affects to important shrimp and other fishing grounds, let alone the wildlife that freely roam the oceans of the world like whales, manta rays and whale sharks.

http://www.bloomberg.com/apps/news?pid=20601109&sid=a4Tb2AFv6CRk&refer=home

Nancy Rabalais, chief scientist for a study team at the Louisiana Universities Marine Consortium


The fiscal note attached to this legislation charges the cost for implementing this study at $ 6.5 million over the time period 2010 - 2014 from the General Revenue Fund.   I don't think tax payers should be funding a repository for the air-borne wastes of the coal-fired power plant industry to solve a solution to their pollution problems so that they can continue to burn dirty coal; not at the additional cost of continuing to damage, degrade and eventually destroy coral reef ecosystems.   I would rather see this money go toward alternative energy venture capital initiatives.


There is not enough information from peer reviewed research studies to know what effect this unproven technology of carbon sequestration, especially in the open ocean, could cause to the ecosystems that produce important protein sources, priceless wildlife and as yet undiscovered potential new medicines, for much of the population of the planet.  Instead, be prudent and wait for the U.S. EPA to issue requirements for safe disposal of CO2 (and not before); and then send it to West Texas where the BEG has done their studies and know how it works and can be managed safely!


Thank you for your conscientious consideration of this legislation, sincerely,



Bill Stout

Green Party of Texas       

Legislative Liaison

billstout@txgreens.org

512-589-8048   





UPDATE:  June 5, 2009 - Observations concerning the final Engrossed legislation:  

You can see on the videotape archive that the honorable Jerry Patterson of the GLO during testimony makes the convincing statement that the fiscal note for HB 1796 (dated on May 20, 2009, see http://www.legis.state.tx.us/tlodocs/81R/fiscalnotes/pdf/HB01796E.pdf) which in the bill is paid from General Revenue Funds (the Offshore CO2 repository study at roughly $1.5 Million per year from 2010 - 2014 for a total of $ 5.5 Million for 2.5 full-time employees, or FTE's) would be picked up from shuffling the current GLO budget:  

The final bill passed by the legislature did not reflect his statement or make this change.  


You can also witness Senator Kirk Watson, in his testimony describing the bill, robustly characterize the Offshore Sequestration of Carbon under the Gulf of Mexico ocean floor as a veritable cash cow for the permanent school fund, potentially collecting CO2 (and user fees) from several surrounding states!  Ironically, the House Research Organization's report on the bill describe opponents to the bill stating that: 


Carbon capture and storage technologies have not been proven and do not 

represent the most environmentally friendly option for combating global 

warming. CCS is still in its technological infancy and needs much more 

research to advance to viability. Texas should focus on proven renewable 

energy sources, like solar and wind, rather than search for ways to 

continue to burn coal. Fossil fuels should be phased out entirely over time 

because their net impact on global security in the environment will always 

be negative.  

 

Implementing CSHB 1796 could be prohibitively costly. The fiscal note 

estimates an annual impact to general revenue of more than $1.3 million, 

which accounts only for two FTEs and the study commissioned in the bill. 

Infrastructure, including pipelines and a repository, likely would cost the 

state many millions more. Researchers project that CCS will need $15-$30 

billion dollars more in investments for it to begin to affect climate change.



And that's not all of the machinations and surprises of this legislation:  

In fact, the new fiscal note produced after the the Senate amendments were added in the engrossed bill that has been sent to the Governor reflects the addition of a whole new program, the New Technology Implementation Grant (NTIG) program.  In short and roughly described, the program will provide grants to pay the coal industry and other stationary energy sources producing CO2 to reduce their pollution - The grant program, funded by the General Revenue Fund, with some shuffling between existing emissions reduction grant programs currently at the TCEQ, and assuming whatever federal money passes from the Clean Air Act (text provided below).  


The new total for the addition of the NTIG program along with the original Offshore Carbon Sequestration study in this legislation is now almost $2 Million per year from 2010 - 2014 or over $9 Million for the five year period.  


As you can read below from the engrossed fiscal note there are MANY assumptions (I counted nine (9) times the word assume was used), including the implementation of parts of the project(s), the total project cost(s) and the costs to the state agencies to implement.  


And, on top of that there will be an 10% additional fee added to truck-tractor registration fee and a $10 fee added to commercial vehicle inspections (undoubtedly this cost will be passed on to consumer goods transported)!   These fees collected by the state, are expected to result in an additional $82.7 million per year in new revenues beginning in fiscal year 2014.   


So not only is this program subsidizing the reduction of CO2 from the General Revenue Fund, but will pay for the additional costs for additional bureaucratic red tape (bigger government) which will be passed along to consumers via additional truck transportation fees!


(NOTE my end comments at bottom of the following reference)


Reference for the new (Engrossed) fiscal note:  http://www.legis.state.tx.us/tlodocs/81R/fiscalnotes/pdf/HB01796F.pdf


The bill would establish the New Technology Implementation Grant (NTIG) program, and it would 

require the Commission on Environmental Quality to establish and administer a new technology 

implementation grant program to implement new technologies to reduce emissions from facilities and 

other stationary sources located within the state. The bill provides guidelines and criteria for the 

program as well as grant application review procedures. The section provides cost sharing 

requirements that require applicants to provide at least 50 percent of the costs of implementing a 

project under this chapter. TCEQ is required to coordinate an interagency application review process 

with the Comptroller, Public Utility Commission, and the Railroad Commission. The TCEQ would be 

required to incorporate the review results into the grant award decision process and include an annual 

report justification for awards made to projects that were negatively reviewed by the other agencies. 

Projects eligible for grants in the NTIG program could include: advanced clean energy project; new 

technology projects that reduce emissions of regulated pollutants from point sources that involve 

capital expenditures that exceed $500 million; and electricity storage projects related to renewable 

energy. 

The bill would provide that funds collected under Section 185 of the Federal Clean Air Act be 

deposited to the General Revenue-Dedicated Clean Air Account No. 151. 

The bill would extend a 2.5 percent surcharge on vehicles over 14,000 pounds, a surcharge on the 

registration of a truck-tractor or commercial vehicle in an amount equal to 10 percent of total fees due 

for the registration; and a $10 fee on every commercial motor vehicle required to be inspected, all of 

which would expire under current law on August 31, 2013, to August 31, 2019. Article IV also adds 

stationary engines to the list of items the TCEQ can fund through the TERP grant program. It would 

also exempt mobile generators used for natural gas recovery purposes from the requirement that at 

least 75 percent of the annual use of a TERP-funded project occur in nonattainment areas and affected 

counties for at least five years. 

The bill would reduce the allocation of funding for the New Technology Research and Development 

(NTRD) program from 9.5 percent of TERP funds to 9 percent. The bill would remove an allocation 

of $250,000 to the TCEQ for administering the NTRD program and it would remove an allocation of 

$216,000 of the NTRD funds to be used by the Texas Engineering Experiment Station (TEES) for the 

calculation of the statewide emissions reduction for the State Implementation Plan (SIP). The bill also 

would remove an allocation of at least 20 percent of the NTRD funds for research related to air quality 

at a nonprofit based in Houston, and it would reallocate these NTRD funds to contract with a nonprofit 

organization or institution of higher education to establish and administer a program to support 

research related to air quality. The bill would allow the TCEQ to fund air quality research with the 

remaining NTRD funds and provide a $216,000 contract with the TEES for the development and 

annual computation of creditable statewide emissions reductions obtained through wind and other 

renewable energy resources for the SIP. Finally, Article V of the bill would provide that 3.5 percent of 

TERP funding, instead of 3 percent, can be used for administration of the TERP program, and it would 

specify that the TCEQ receive 2 percent, and that the TEES receive 1.5 percent. 

The bill would require the TCEQ, the Railroad Commission, and the PUC to establish a greenhouse 

gas registry in which they would participate in the development of federal greenhouse gas reporting 

requirements. The TCEQ would also be directed to establish a registry of voluntary actions taken by 

businesses in the state and state agencies since September 1, 2001 to reduce carbon dioxide emissions 

and to work with the U.S. Environmental Protection Agency to give credit for early action under any 

federal rules that may be adopted for federal greenhouse gas regulation. 


Methodology 

The bill's provisions relating to the offshore sequestration program would result in the need for 2.5 

FTEs by the GLO to develop the program, oversee the study conducted by the BEG, evaluate 

recommendations of the pilot study, and maintain a carbon dioxide storage database. In addition, the 

GLO would need to develop and manage construction contracts for off-shore platforms, injection 

wells, and connecting pipelines to generators of carbon dioxide throughout the state. A data system 

would be needed for a fee collection program and for tracking and monitoring the carbon dioxide 

accepted for storage. This estimate assumes that carbon dioxide would not be designated as a pollutant 

by the U.S. EPA. Total costs to the GLO are estimated at $216,385 in fiscal year 2010 and $198,385 

in 2011. This estimate assumes these costs would be paid out of the General Revenue Fund. 


Although the bill authorizes a fee for the storage of carbon dioxide in the carbon dioxide repository, 

this estimate does not assume that the study would be complete, the repository constructed, nor a 

significant amount of carbon stored in the first five years after enactment of the bill. Thus, no 

significant revenue from the carbon storage fee is included in this estimate. 


The BEG estimates the costs to perform the pilot study for potential locations for a carbon dioxide 

repository, conduct on-going measurement, monitoring and verification of the permanent storage 

status of the carbon dioxide in the repository, and serve as a scientific advisor to the SLB at 

$5,500,000 between fiscal years 2010 and 2014. For purposes of this analysis, this cost is estimated to 

be $1.1 million per year for the five year period, and assumed to be paid out of the General Revenue 

Fund. This estimate assumes that costs to the TCEQ associated with the carbon repository would not 

be significant and could be absorbed using existing agency resources. 


The bill would  amend the definition of an advanced clean energy project to require that a project 

meeting this definition must also capture at least 50 percent of the carbon dioxide in the fuel being 

combusted and sequester that carbon dioxide through methods that include geologic storage. The bill 

also includes a definition of "geologic storage." The bill's provisions creating the NTIG program is 

expected to result in the need for an additional 9.0 FTEs at the TCEQ and associated costs. These 

additional resources would be used mainly to review grant applications. Costs for the NTIG program 

are assumed to be paid out of the TERP Account No. 5071. Additional costs to the PUC and Railroad 

Commission for coordinating with the TCEQ on grant application selection are not expected to be 

significant. 

The bill's provisions requiring the Comptroller to assess the financial stability of applicants and to 

conduct an annual review for the new technology implementation grant program would result in the 

need for 5.0 additional FTEs and $371,113 in related costs to the Comptroller of Public Accounts. 

This includes 1.0 FTE to assess financial stability of applicants under the grant application review 

procedures, and 4.0 FTEs to conduct grant audits. This estimate assumes these costs would be paid out 

of the General Revenue Fund. 

The bill's provisions providing for the deposit of fees collected through Section 185 of the Federal 

Clean Air Act to the Clean Air Account No. 151 would not result in a net fiscal impact to the state 

because this estimate assumes that any such funds that would otherwise have been collected would 

have been deposited to the General Revenue Fund. The amount of funds that would be deposited to 

the Clean Air Account No. 151 would be dependent on baseline emission information in the Houston- 

Galveston-Brazoria nonattainment area, which the TCEQ reports is not yet available. 


The bill's provisions which extend the 2.5 percent of consideration surcharge on vehicles over 14,000 

pounds, the surcharge on the registration of a truck-tractor or commercial vehicle in an amount equal 

to 10 percent of total fees due for the registration, and the $10 fee on every commercial motor vehicle 

required to be inspected, are expected to result in an additional $82.7 million per year in new revenues 

beginning in fiscal year 2014. 

The bill's provisions removing the allocation of $250,000 to the TCEQ for administering the NTRD 

program and the removal of the allocation of $216,000 of the NTRD funds to be used by the TEES are 

not expected to result in a fiscal impact to either agency because this estimate assumes that the 

overall amount the TCEQ receives from the TERP Account No. 5071 would actually increase because 

the amount TCEQ would be eligible for administration of the program would increase from 1.5 to 2.0 

percent of TERP Account No. 5071 funds, while the amount TEES receives would remain the same 

since the agency would receive $216,000 through an Interagency Contract with the TCEQ. 

The bill's provisions requiring the creation of a greenhouse gas registry and coordination with the US 

EPA would result in costs to the PUC of $220,000 in fiscal years 2010 - 2013, with no significant 

costs in future years. These costs would include consulting fees because it is assumed the agency 

would need outside expertise, and travel costs because it is assumed that agency staff would be 

required to travel to Washington, D.C. These costs are assumed to be paid out of the General Revenue 

Fund. TCEQ expects to incur costs of $250,000 in fiscal years 2010 and 2011 to modify the agency's 

Emissions Inventory Data System to create the greenhouse gas registry. It is assumed these costs 

would be paid out of the Clean Air Account No. 151. 



?How is legislation passed without public scrutiny or final input?


Clearly, the fact that half-way through the 81st legislative session very few bills had been passed which created a log-jam at the end of the session, which was exacerbated by the Voter I.D. political battle (the "Chubbing" strategy slowdown), which resulted in many good bills dying, and the real need for a special session to be called by the Governor given TxDOT and TDI sunset legislation was not passed among other sunset agencies:  

The stage was set for the inevitability of many bad bills (in the form of amendments) being rushed through to passage without the time to properly review the contents and potential impact (comment:  At least with "chubbing" there was an opportunity to ask questions about the background and expected result of legislation!) - in short, public scrutiny of "the people's business" once again gets minimal public input or opportunity for review.  


The process makes it easy for corporate special interests to have a major impact on legislation that will be paid by the public in subsidy to benefit industry.  "Clean coal" indeed.


Guaranteed I will be following up on this legislation, and additionally the final details on several important bills the Green Party has supported and testified against.  Look for a complete list of the results of all the bills the Green Party witnessed for or against in the next blog posting!