Legislative Update84th Texas Legislative Session

Municipal Justice Bar of TexasTraffic Lawyers of TexasPresented by Bill Pewitt

Bill Pewitt and Associates

Legislative Update Topics

• Overview of the process• Red Light Camera Bills• Status of MJBAT priority bills• Other traffic bills that passed• HB 7 - $200 surprise

Overview of the Process

About the legislative process in Texas How a bill originates Introducing a bill The role of committees Referral to a committee The committee process Committee reports House calendars and list of items eligible Senate agenda and intent calendar Floor action Consideration of local and uncontested bills Return of bill to originating chamber

Conference committee Governor's action Effective date Filing and publication of laws

It’s simple . . .

Red Light Camera Ban Bills:where the action was

• SB 714 – Senator Bob Hall/HB 142 Rep. Jonathan Stickland

Red Light Camera Ban Bills:SB 714 vote

Senate Transportation Committee vote - 4/13/15• 7 Ayes: Nichols, Huffines, Fraser, Hall,

Hancock, Kolkhorst, Taylor• 2 Nays: Ellis, GarciaSenate floor vote - 4/22/15• 22 Ayes; 8 Nays: Ellis, Eltife, Garcia,

Menendez, Rodriguez, Watson, West, Whitmire

House Transportation Committee showdown 5/22/15 – death for HB 142 and last gasp for SB 714

0 Ayes; 7 Nays: Martinez, Burkett, Fletcher, Israel, Minjarez, Paddie, Simmons; Present (not voting) –PickettAbsent – Y. Davis, Harless, McClendon, Murr, Phillips

Red Light Camera Ban Bills:also filed

HB 1131 – Rep. Gary Elkins/SB 340 Sen. Donald Huffines

HB 3817 – Rep. Elkins/SB 1340 Sen. Huffines

HB 1710 – Rep. Dwayne Bohac (election to repeal red light camera ordinance)

Status of MJBAT Priority Bills

• Red light camera ban bills – Did not pass • HB 3432 (Thompson): Eliminating court reporter in

Houston municipal court – Did not pass • HB 897 (Rodriguez): Eliminating Court Reporters in

Municipal Court for the City of San Antonio—Did not pass

• HB 538 (Spitzer): Expanding law enforcement authority (City of Combine) – Did not pass

• HB 2975 (Martinez) TxDOT authority to set speed limits – Did not pass

Status of MJBAT priority bills

• HB 1386 (Raymond): Allowing more than one counsel in a misdemeanor case – effective 9/1/15

• SB 631 (Campbell): Lowering a population bracket to allow additional municipalities to extend muni court jurisdiction – effective 6/16/15

• HB 2633 (Hernandez): Limiting access to accident reports – effective 6/18/15

Other traffic bills that passedHB 1888 (Capriglione): Amendments to the Commercial Driver’s License Act – effective 1/1/16 – among other things:• Redesignates term “commercial driver learner’s permit” as “commercial

learner’s permit (CLP) ” and provides circumstances for driving with a CLP• Redesignates term “nonresident CDL” as “non-domiciled CDL,” provides

for DPS to issue; sets expiration dates• Sets various fees• Effective 1/30/16, requires DPS to remove CDL or CLP privilege if holder

fails to properly self-certify medical status• Increases possible fine for driving without a valid CDL or CLP; redesignates

from “Class C misdemeanor” to “misdemeanor” with a possible fine of up to $1,000

• Requires vehicle inspection compliance and provides for a Class C misdemeanor

SB 287 (West): Elimination of Harris County court fee – effective 6/19/15SB 909 (Zaffirini): Clarification of Bexar County court jurisdiction – effective 9/1/15

HB 7 - $200 surprise

House Bill 7: a general budget transparency bill, reduces numerous taxes, assessments, surcharges and fees

Section 31 (l)(18) of HB 7 (page 37 , line 7) repeals Chapter 191, Subchapter H of the Tax Code, the attorney occupation tax,effective 9/1/15