HOUSE RESEARCH ORGANIZATION TEXAS HOUSE OF REPRESENTATIVES P.O. Box 2910, Austin, Texas 78768-2910 (512) 463-0752 http://www.hro.house.state.tx.us Steering Committee: Alma Allen, Chairman Dwayne Bohac, Vice Chairman Rafael Anchia Donna Howard Eddie Lucio III Myra Crownover Joe Farias Bryan Hughes Susan King Doug Miller Joe Deshotel John Frullo Ken King J. M. Lozano Joe Pickett HOUSE RESEARCH ORGANIZATION daily floor report Monday, May 11, 2015 84th Legislature, Number 67 The House convenes at 10 a.m. Part Four Eighty-two bills are on the daily calendar for second-reading consideration today. The bills analyzed or digested in Part Four of today s Daily Floor Report are listed on the following page. Alma Allen Chairman 84(R) - 67
HOUSE RESEARCH ORGANIZATION Daily Floor Report Monday, May 11, 2015 84th Legislature, Number 67 Part 4 HB 2609 by Farney Providing math training academies to certain public school teachers 159 HB 3082 by Oliveira Increasing burial benefits under workers compensation system 161 HB 2969 by Herrero Allowing certain entities to receive indigent defense funds 162 HB 3163 by Cyrier Providing groundwater district directors immunity from personal lawsuits 164 HB 3316 by Miller Creating deadline to record certain durable powers of attorney 167 HB 1891 by Rodriguez Transitioning unacceptable public schools to Texas community schools 169 HB 2641 by Zerwas Exchange of health data in the state 174 HB 2475 by Geren Establishing center for alternative finance and procurement for P3 projects 178 HB 964 by Howard Changing the rollback tax rate calculation for certain school districts 180 HB 215 by Harless Waiving the fee for a fishing license for Texas residents 65 or older 183
HOUSE RESEARCH HB 2609 ORGANIZATION bill digest 5/11/2015 Farney SUBJECT: COMMITTEE: VOTE: Providing math training academies to certain public school teachers Public Education favorable, without amendment 8 ayes Aycock, Bohac, Deshotel, Dutton, Farney, Galindo, González, K. King 0 nays 3 absent Allen, Huberty, VanDeaver WITNESSES: For (Registered, but did not testify: David Anderson, Arlington ISD Board of Trustees; Edna Butts, Austin ISD; Julie Cowan, Austin ISD School Board; Lanet Greenhaw, Dallas Regional Chamber; Ashlea Graves, Houston ISD; Howell Wright, Huntsville ISD; Barbara Frandsen, League of Women Voters of Texas; Carol Fletcher, Pflugerville ISD; Ted Melina Raab, Texas American Federation of Teachers; Barry Haenisch, Texas Association of Community Schools; Amy Beneski, Texas Association of School Administrators; Lindsay Gustafson, Texas Classroom Teachers Association; Mark Terry, Texas Elementary Principals and Supervisors Association; Kyle Ward, Texas PTA; Colby Nichols, Texas Rural Education Association; Portia Bosse, Texas State Teachers Association; Monty Exter, The Association of Texas Professional Educators; Grover Campbell, Texas Association of School Boards; Casey Smith, United Ways of Texas) Against None On (Registered, but did not testify: Monica Martinez, Texas Education Agency; Steve Swanson) BACKGROUND: Education Code, sec. 5.001 defines educationally disadvantaged to mean students eligible to participate in the national free or reduced-price lunch program. Some school districts with high percentages of educationally disadvantaged students report districtwide math scores below the - 159 -
HB 2609 page 2 statewide average. Primary teachers early in their career have reported feeling unprepared in providing mathematics instruction to students. DIGEST: HB 2609 would amend Education Code, ch. 21, subch. J regarding educator staff development by requiring the commissioner of education, or someone designated by the commissioner, to develop mathematics achievement academies for math teachers of kindergarten, first, second, or third grade students. A mathematics achievement academy would be required to include training in effective and systematic instructional practices in mathematics, including measurement, problem solving, and analyzing and describing geometric shapes, figures, and patterns. The commissioner would have to adopt criteria for selecting teachers to attend a mathematics achievement academy and give priority to teachers of school districts in which at least 50 percent of the students enrolled are eligible to participate in the national free or reduced-price lunch program. The bill would provide teachers attending the academy a stipend amount determined by the commissioner. A stipend would not be considered in determining the minimum monthly salary of the teacher. On request of the commissioner, regional education service centers would be required to assist the commissioner and Texas Education Agency with training and other activities relating to the development and operation of mathematics achievement academies. This bill would take immediate effect if finally passed by a two-thirds record vote of the membership of each house. Otherwise, it would take effect September 1, 2015. NOTES: According to the fiscal note, providing mathematics achievement academies to math teachers of kindergarten, first, second, or third grade students would cost an estimated $14.3 million in fiscal 2016 due to initial development costs, $8.5 million in fiscal 2017, increasing to about $9 million by fiscal 2020. - 160 -
HOUSE RESEARCH HB 3082 ORGANIZATION bill digest 5/11/2015 Oliveira SUBJECT: COMMITTEE: VOTE: Increasing burial benefits under workers compensation system Business and Industry favorable, without amendment 5 ayes Oliveira, Simmons, Collier, Rinaldi, Romero 0 nays 2 absent Fletcher, Villalba WITNESSES: For (Registered, but did not testify: Rene Lara, Texas AFL-CIO; Pam Beachley, Texas Cotton Ginners Trust; Jo Betsy Norton, Texas Mutual Insurance Company) Against None On (Registered, but did not testify: Amy Lee, Texas Department of Insurance, Division of Workers Compensation) BACKGROUND: Under Labor Code, sec. 408.186, if an employee s death results from a compensable injury under the workers compensation system, the insurance carrier is required to pay the lesser of the actual costs incurred for reasonable burial expenses or $6,000. The $6,000 maximum amount was set in 1999 when the 76th Legislature enacted HB 2510 by Dukes. It has not been changed since then, even though burial expenses often exceed $6,000. DIGEST: HB 3082 would increase the maximum amount of burial benefits available under the workers compensation system. If the death of an employee resulted from a compensable injury under the workers compensation system, the insurance carrier would be required to pay the lesser of the actual costs incurred for reasonable burial expenses or $10,000. The bill would take effect September 1, 2015, and would apply only to claims for workers compensation burial benefits based on compensable injuries that occurred on or after that date. - 161 -
HOUSE HB 2969 RESEARCH Herrero ORGANIZATION bill digest 5/11/2015 (CSHB 2969 by Herrero) SUBJECT: COMMITTEE: VOTE: Allowing certain entities to receive indigent defense funds Criminal Jurisprudence committee substitute recommended 5 ayes Herrero, Moody, Leach, Shaheen, Simpson 0 nays 2 absent Canales, Hunter WITNESSES: For Jim Huff, Live Oak County, Bee County, McMullen County; David Hall, Texas Rio Grande Legal Aid; (Registered, but did not testify: James Oakley, Burnet County; Kelly Traylor and Byron Underwood, Cherokee County; Jim Allison, County Judges and Commissioners Association of Texas; John Norman, Garza County; P.T. (Pat) Calhoun, Goliad County; Mark Heinrich, Lubbock County; Josh Gravens, Texas Citizens United for Rehabilitation of Errants (CURE); Kristin Etter, Texas Criminal Defense Lawyers Association; Sarah Pahl, Texas Criminal Justice Coalition; Rebecca Bernhardt, Texas Fair Defense Project; Yannis Banks, Texas NAACP; Marc Levin, Texas Public Policy Foundation Center for Effective Justice; Justin Lewis) Against None On Wesley Shackelford, Texas Indigent Defense Commission BACKGROUND: DIGEST: Under Government Code, ch. 79, the Texas Indigent Defense Commission is required to assist counties in providing indigent defense services in the county by distributing funds to counties through grants. CSHB 2969 would require the Texas Indigent Defense Commission to assist counties in providing indigent defense services by determining which entities within the county were eligible to receive funds for indigent defense services and by distributing the grants to one or more of these entities. The entities could include counties, a law school s legal clinic or program that provided indigent defense services, and certain regional public defenders. - 162 -
HB 2969 page 2 The commission would be allowed to distribute funds to a regional public defender s office only if: the office served two or more counties; certain agreements regarding grant funding were met; commission guidelines for case assignment were adopted; and an agreement was made to a method to pay all costs associated with the defense of cases that remained pending after the end of the agreement or the county s participation in the agreement. The bill would require the commission to select a method for payment of costs associated with defense of cases that remained pending. The method could include any combination of: allowing an office to establish a reserve of funds that was sufficient to cover anticipated costs in an amount determined by the commission; guaranteeing all or part of the costs to be paid; or establishing a schedule of fees that was adopted by judges of certain courts, any changes to which would have to be approved by the commission. The bill would require a regional public defender s office to collect each participating county s portion of the operational costs as that portion was provided by the county to the office. This bill would take effect September 1, 2015. - 163 -
HOUSE HB 3163 RESEARCH Cyrier ORGANIZATION bill analysis 5/11/2015 (CSHB 3163 by Frank) SUBJECT: COMMITTEE: VOTE: Providing groundwater district directors immunity from personal lawsuits Natural Resources committee substitute recommended 7 ayes Keffer, Ashby, Burns, Frank, Larson, Lucio, Nevárez 1 nay Kacal 3 absent D. Bonnen, T. King, Workman WITNESSES: For Gregory Ellis, Mesa Underground Water Conservation District; Ty Embrey, Clearwater Underground Water Conservation District, Panola County Groundwater Conservation District, Middle Trinity Groundwater Conservation District, Real Edwards Conservation and Reclamation District; Paul Pape, Bastrop County; Tom Glaa; (Registered, but did not testify: Robby Cook, Hemphill County Underground Water Conservation District; Shauna Fitzsimmons, Upper Trinity Groundwater Conservation District, Prairielands Groundwater Conservation District, North Texas Groundwater Conservation District, Barton Springs-Edwards Aquifer Conservation District; Michele Gangnes, League of Independent Voters of Texas; Ken Kramer, Sierra Club-Lone Star Chapter; Judith McGeary, Farm and Ranch Freedom Alliance; Mike McGuire, Rolling Plains Groundwater Conservation District; Joe Morris, Aqua Water Supply Corp.; Claudia Russell, Brush Country Groundwater Conservation District; Stacey Steinbach, Texas Alliance of Groundwater Districts; Robert Turner, Texas Sheep and Goat Raisers Association, West Texas Ground Water Management Alliance; Todd Votteler, Guadalupe-Blanco River Authority; David Weinberg, Texas League of Conservation Voters; C.E. Williams, Panhandle Groundwater Conservation District) Against None On Kelly Mills, Texas Commission on Environmental Quality BACKGROUND: Under Water Code, sec. 36.066 a groundwater conservation district may sue and be sued in the name of the district by and through its board. Water Code, sec. 36.060 entitles a groundwater conservation district - 164 -
HB 3163 page 2 director to receive fees for each day spent performing the duties of a director. DIGEST: CSHB 3163 would protect groundwater conservation district board members from personal liability lawsuits by providing a member with immunity from suit and liability for official votes and official actions. The bill also would provide that, for liability purposes only, a groundwater conservation district director would be considered a district employee under the Tort Claims Act, even if the director was a volunteer and did not receive fees. The bill would take immediate effect if finally passed by a two-thirds record vote of the membership of each house. Otherwise, it would take effect September 1, 2015. SUPPORTERS SAY: CSHB 3163 would protect groundwater conservation district directors from personal liability lawsuits. Groundwater conservation districts are the preferred method of groundwater management in Texas. District directors are charged with complicated issues of water law and they must balance the private property rights of those applying for permits, those already producing groundwater, and those wishing to conserve their groundwater for future use. Further complicating these issues are differing viewpoints and expectations, methods of groundwater modeling, and interpretations of technical data and legislative intent. Groundwater conservation district boards sometimes are made up of appointed volunteers who become public servants and engage in what can be a thankless job. These board members deserve protection from personal liability lawsuits that could impact their livelihood. The bill would not have an impact on accountability since it would not protect the board as a whole from being sued. Since groundwater conservation district directors are either elected or appointed, any questionable act in an official capacity would result in removal by the election or the appointment process. OPPONENTS CSHB 3163 could lower accountability of groundwater conservation - 165 -
HB 3163 page 3 SAY: district directors by providing blanket immunity from personal lawsuits. Immunity from personal lawsuits would eliminate a level of assurance that local groundwater conservation district board members were acting in good faith on behalf of the constituents they serve. - 166 -
HOUSE HB 3316 RESEARCH D. Miller ORGANIZATION bill digest 5/11/2015 (CSHB 3316 by S. Thompson) SUBJECT: COMMITTEE: VOTE: Creating deadline to record certain durable powers of attorney Judiciary and Civil Jurisprudence committee substitute recommended 7 ayes Smithee, Farrar, Laubenberg, Raymond, Schofield, Sheets, S. Thompson 0 nays 2 absent Clardy, Hernandez WITNESSES: For Alan Morgan Against None On Michael Savas, Texas Land Title Association BACKGROUND: Estates Code, sec. 751.151 requires durable powers of attorney for real property transactions to be recorded in the office of the county clerk of the county in which the property is located. This applies to a durable power of attorney for a real property transaction that requires an instrument to be recorded, such as a mortgage or an oil, gas, or other mineral lease. A power of attorney is sometimes required in a real property transaction to authorize someone other than the owner of the property to execute an instrument. If the durable power of attorney is not recorded along with the instrument, the chain of title of the real property is broken and can cause problems in the future when it is unclear from the recorded documents who has power to convey the real property. DIGEST: CSHB 3316 would make certain transactions voidable by any person if a durable power of attorney was required for the transaction and was not recorded on or before the 10th day after the instrument related to the transaction was filed for recording. This would apply to real property transactions that required an instrument to be recorded, such as a mortgage or an oil, gas, or other mineral lease. - 167 -
HB 3316 page 2 The bill would take effect September 1, 2015, and would apply only to a real property transaction entered into on or after that date. - 168 -
HOUSE HB 1891 RESEARCH E. Rodriguez, et al. ORGANIZATION bill digest 5/11/2015 (CSHB 1891 by Aycock) SUBJECT: COMMITTEE: VOTE: Transitioning unacceptable public schools to Texas community schools Public Education committee substitute recommended 10 ayes Aycock, Allen, Deshotel, Dutton, Farney, Galindo, González, Huberty, K. King, VanDeaver 0 nays 1 absent Bohac WITNESSES: For Raul Sanchez, Austin Independent School District; Julie Weeks, Austin Voices for Education and Youth; Allen Weeks, Austin Voices for Education and Youth, Save Texas Schools; Carolina Jaramillo and Mia Watson, Reagan High School; Paige Williams, Texas Classroom Teachers Association; Joe Cardenas III, Texas Hispanics Organized for Political Education; Ed Martin, Texas State Teachers Association; Brock Gregg, the Association of Texas Professional Educators; (Registered, but did not testify: Ann Teich, Austin Independent School District; Chandra Villanueva, Center for Public Policy Priorities; Drew Scheberle, Greater Austin Chamber of Commerce; Barbara Frandsen, League of Women Voters of Texas; Celina Moreno, Mexican American Legal Defense and Educational Fund; Annie Spilman, National Federation of Independent Business/TX; Charles Luke, Pastors for Texas Children; Ted Melina Raab, Texas American Federation of Teachers; Barry Haenisch, Texas Association of Community Schools; Kelli Moulton, Texas Association of Community Schools, Hereford Independent School District; Nelson Salinas, Texas Association of Business; Jesse Romero, Texas Association for Bilingual Education; Casey McCreary, Texas Association of School Administrators; Janna Lilly, Texas Council of Administrators of Special Education; Mark Terry, Texas Elementary Principals and Supervisors Association; Joshua Houston and Bee Moorhead, Texas Impact; Courtney Boswell and Cameron Petty, Texas Institute for Education Reform; Yannis Banks, Texas NAACP; Kyle Ward, Texas PTA; Colby Nichols, Texas Rural Education Association; Maria Whitsett, Texas School Alliance; Portia Bosse, Texas State Teachers Association; Monty Exter, the Association of Texas Professional Educators; Grover Campbell, Texas - 169 -
HB 1891 page 2 Association of School Boards; Casey Smith, United Ways of Texas; Susan Moffat; Kristi Morrison) Against None On Steve Swanson; (Registered, but did not testify: Mark Baxter and Von Byer, Texas Education Agency) BACKGROUND: Under Education Code, sec. 39.107, after a campus has been identified as academically unacceptable under the public school accountability system for two consecutive school years, the commissioner of education is required to order the reconstitution of the campus. In reconstituting a campus, a campus intervention team assists the campus in developing and executing an updated targeted improvement plan. If the commissioner determines that the campus is not fully implementing the updated targeted improvement plan, if the students enrolled at the campus fail to demonstrate substantial improvement, or if a campus continues to have an unacceptable performance rating for three consecutive school years after the campus is reconstituted, the commissioner may order repurposing, alternative management, or closure of the campus. Community schools are public schools open throughout the year to students, families, and community members. Some have called for adopting a community school reform as an alternative to reconstitution for underperforming campuses. DIGEST: CSHB 1891 would amend Education Code, sec. 39.107, by allowing a campus to transition to a Texas community school, instead of undergoing reconstitution. The campus would have to notify the commissioner of education of the campus's election to transition to a community school within two weeks of the commissioner's reconstitution order and must satisfy the requirements of transitioning to a Texas community school within six months. Under CSHB 1891, the commissioner could not order the closure of a campus without giving the campus the opportunity to transition to a community school and at least two years to implement the campus's - 170 -
HB 1891 page 3 community school plan. The commission could adopt rules as necessary. Texas community schools. Under CSHB 1891, a Texas community school would be a public school partnering with community-based organizations to coordinate academic, social, and health services to reduce barriers to learning and to improve the quality of education for students in the community. A Texas community school would offer a variety of programs and services, including: early childhood education; after-school and summer school academic and enrichment programs; college and career preparation; service learning opportunities, such as internships and community service programs; leadership and mentoring programs; activities to encourage community and parent engagement in students' education; health and social services for students and their families; and parenting classes. Transition requirements. A public school could transition to a Texas community school if the school: established a school community partnership team to function as the campus-level planning and decision-making committee; conducted a comprehensive on-site needs assessment; established a partnership with a lead community-based organization with experience developing and implementing a community school plan; developed a community school plan that satisfied the requirements for a campus improvement plan; and gained approval for the community school plan from at least 75 percent of campus faculty and staff, 75 percent of parents of students enrolled at the school, and the board of trustees of the - 171 -
HB 1891 page 4 school district. Community school coordinator. A school that transitioned to a Texas community school would be required to hire a community school coordinator to recruit community partners and build community support for the school. The community school coordinator would have various responsibilities, including the coordination of planning and training activities and of various academic, support, and enrichment programs for students and their families, such as after-school programs. The community school coordinator also would conduct an annual needs assessment of the school in coordination with the school community partnership team, develop a plan for sustaining the community school plan, and act as a liaison between the school, other community schools, the school district, and community partners. In developing or implementing a community school plan, the school could seek assistance from other community schools, regional education service centers, or technical assistance providers experienced in developing and implementing a community school plan. Community and district oversight. A school would be required to hold a community meeting at least twice a year informing community stakeholders about the school's progress in implementing the community school plan and seeking input on any improvements or changes that could be made to the plan. A school also would have to report annually to the board of trustees of the school district regarding the school's progress in implementing the plan. Low-performing schools. A school community partnership team formed by a school with low performance would function as the campus intervention team. A low-performing school transitioning to a Texas community school would receive district-level support in developing and implementing the community school plan. The support would have to continue for at least two school years after the school successfully met the required standards. - 172 -
HB 1891 page 5 Funding. A Texas community school or a school transitioning to a Texas community school could seek and accept gifts, grants, donations, and funds from federal and state agencies and private sources for purposes related to the school's function as a Texas community school. Recognition. A school that transitioned to a Texas community school would be recognized by the state as a Texas community school. This bill would take immediate effect if finally passed by a two-thirds record vote of the membership of each house. Otherwise, it would take effect September 1, 2015. - 173 -
HOUSE HB 2641 RESEARCH Zerwas ORGANIZATION bill digest 5/11/2015 (CSHB 2641 by Crownover) SUBJECT: COMMITTEE: VOTE: Exchange of health data in the state Public Health committee substitute recommended 11 ayes Crownover, Naishtat, Blanco, Coleman, Collier, S. Davis, Guerra, R. Miller, Sheffield, Zedler, Zerwas 0 nays WITNESSES: For Ray Tsai; (Registered, but did not testify: Gabriela Saenz, CHRISTUS Health; Jim Hine, Texas Assisted Living Association; Gijs Van Oort, Texas Association for Health Information Organizations; Marina Hench, Texas Association for Home Care and Hospice; Amanda Martin, Texas Association of Business; Jose E. Camacho, Texas Association of Community Health Centers; Jamie Dudensing, Texas Association of Health Plans; Lee Johnson, Texas Council of Community Centers; Nora Belcher, Texas e-health Alliance; Jennifer Banda, Texas Hospital Association; Troy Alexander, Texas Medical Association; Tom Banning, Texas Academy of Family Physicians; Kandice Sanaie, UnitedHealthcare) Against None On (Registered, but did not testify: Sylvia Kauffman, Health and Human Services Commission; Jim Skelton, Department of State Health Services) BACKGROUND: The American National Standards Institute is a nonprofit membership organization that serves as an administrator and coordinator of the U.S. private sector voluntary standardization system. It facilitates the development of voluntary consensus standards by accrediting the procedures of standards-developing organizations. The Department of State Health Services requires health care providers to use several web portals to report certain data to the department rather than a health information exchange. Many Texas providers have recently implemented electronic health record systems that would allow them to - 174 -
HB 2641 page 2 report this information electronically, were DSHS to create a health information exchange for this purpose. DIGEST: CSHB 2641 would set regulations for sending or receiving health information, including health information collected by the Department of State Health Services, through a health information exchange. The bill would define the term health information exchange as an organization that would: assist in the transmission of health-related information among organizations according to nationally recognized standards and under an express written agreement; as a primary business function, compile or organize health-related information designed to be securely transmitted among health care providers; and assist in transmitting or receiving electronic health-related information among physicians, other health care providers, or entities within a hospital system, physician organization, health care collaborative, or an accountable care organization participating in the Pioneer Model or the Medicare Shared Savings Program under the federal Centers for Medicare and Medicaid Services. The bill would require the executive commissioner of the Health and Human Services Commission (HHSC) to ensure that: all information systems available for use by HHSC or a health and human services agency for sending or receiving protected health information to or from a health care provider were capable of sending and receiving that information in accordance with the applicable data exchange standards developed by an organization accredited by the American National Standards Institute; all information systems for which planning or procurement began on or after September 1, 2015, were capable of sending and receiving protected health information in accordance with applicable data exchange standards; - 175 -
HB 2641 page 3 if national data exchange standards did not exist for sending and receiving health information, HHSC would make every effort to ensure the system was interoperable with national standards for electronic health record systems; HHSC and each health and human services agency would establish an interoperability standards plan for all information systems that exchanged protected health information with health care providers; by December 1 of each even-numbered year, the executive commissioner would report to the governor and the Legislative Budget Board on the commission s and the health and human services agencies measurable progress in ensuring that the information systems were interoperable with one another and met appropriate standards; the report would include an assessment of the progress made in achieving HHSC goals related to the exchange of health information, including facilitating care coordination among the agencies, ensuring quality improvement, and realizing cost savings; and the executive commissioner by rule could develop and HHSC could implement a system to reimburse providers of health care services under the state Medicaid program for review and transmission of electronic health information if feasible and costeffective. The bill would require the executive commissioner to prescribe the form and method of reporting through a health information exchange. At the request and with the authorization of the applicable health care facility, clinical laboratory, or health care practitioner, data concerning cancer could be furnished to the Department of State Health Services through a health information exchange. At the request and with the authorization of a health care provider, civilian immunization data, first responder immunization data, and data related to persons immunized in preparation for a potential disaster, public health emergency, terrorist attack, military action, or law enforcement emergency could be submitted through a health information exchange. The bill would specify when and for which purposes a health information exchange could access and transmit the above types of data. - 176 -
HB 2641 page 4 Under the bill, a health information exchange that collected, transmitted, disseminated, accessed, or reported health-related information would have to comply with all applicable state and federal law, including secure electronic data submission requirements. The bill would make it a class A misdemeanor (up to one year in jail and/or a maximum fine of $4,000) offense for a person who participated in these activities on behalf of or as a health information exchange to intentionally allow health-related information in the possession of a health information exchange to be used or disclosed in a manner that violated the provisions of the bill. The bill would take effect September 1, 2015. The bill would repeal Government Code, sec. 531.02176 that prohibited HHSC from reimbursing providers under the Medicaid program for the provision of home telemonitoring services on or after that date. - 177 -