This year, Governor Rick Perry and conservative Republicans succeeded in dominating the 2011 legislative debate on fiscal and social issues. With a 19-12 majority in the Senate and a staggering 101-49 supermajority in the House, the most Republican Texas legislature in history had enough votes to pass most bills without needing any support from the Democrats. In all, the legislature managed to pass 1,379 bills, fewer than in 2009 but still within the state average. The following is a summary of the most notable legislation passed in Texas this year.
state budget
HB 1 enacts a two-year balanced budget with $172.3 billion in general spending, an overall decrease of 8.1%. The budget imposes no new taxes and is based solely on spending cuts. The largest budget cuts were made in public education, higher education, and social services.
public education
Public education funding was reduced by $570 million overall compared to the current budget. SB 1 in the special session clarified how much each district will be affected by the cut, and SB 8 in the special session eliminated certain mandates to give districts more flexibility in determining where to cut costs.
redistricting
Due to significant population growth, Texas gained 4 new electoral districts. However, the new redistricting still needs to be reviewed by the Obama Administration before it goes into effect.
Small Business Tax Exemption
SB 1 of the special session continues the business franchise tax exemption for small businesses earning less than $1 million in annual revenue.
“Amazon Tax”
SB 1 of the special session requires online retailers that pay state merchants to advertise them to collect a tax on online sales involving Texas consumers.
abortion
HB 15 requires doctors to provide an ultrasound to pregnant women 24 hours before performing an abortion.
Vote
Under SB 14, most voters will be required to show photo identification to cast their ballot.
traffic laws
Applicants for a driver’s license must provide proof that they are lawfully present in the US.
HR 1353 eliminates lower overnight speed limits. It also allows municipalities to raise speed limits to 75 miles per hour on certain rural highways.
A person convicted of driving while intoxicated with a blood alcohol level of .15 or higher is responsible for a Class A misdemeanor (1 year in jail, $4,000 fine), rather than a Class A misdemeanor. B (180 days in jail, $2,000) fine.
The use of radar jamming devices is prohibited.
It is illegal to dispose of lit cigarettes or cigars on public roads or right of way. If the act results in a fire, the motorist could face fines of up to $500 and jail time.
Kids
HR 358 requires parents to give their written consent before a school can use corporal punishment on their child. The parent must provide a signed, written statement each school year prohibiting the use of corporal punishment.
A student must be removed from an athletic practice or game immediately if a coach, physician, or the student’s parent believes the student has a concussion. The student may not be returned until he or she has been evaluated by a physician, who must provide a written statement that the student may return, and the student’s parent consents thereto.
Beginning with the 2012-2013 school year, a school district may not wear a football helmet that is 16 years of age or older in the district’s football program.
SB 198 prevents a defendant age 19 or younger from having to register as a sex offender if they had consensual sexual intercourse with someone age 15 or older, as long as the defendant is no more than 4 years older than the other person.
SB 407 allows prosecutors to charge minors who send illicit picture text messages (“sexting”) of other minors with a misdemeanor instead of a felony.
A child in the sixth grade or below cannot be charged with the crime of disorderly conduct for misbehaving in class.
A school district may transfer a student who engages in bullying to another classroom or campus within the district. In addition, a school district may not impose a punishment on a student who uses reasonable self-defense in response to bullying if, after an investigation, it is determined that the student is a victim of bullying.
weapons
SB 321 allows a person with a concealed weapons license to keep their weapon in their car while in an employer’s private parking lot, even if their employer objects.
HB 25 states that the laws governing guns in cars also apply to guns on boats.
animals
SB 279 allows courts dealing with a domestic dispute to issue protective orders for pets.
Under HB 2189, Texans can now fish for catfish using their hands (also known as “noodles”).
HB 1806 makes it a third-degree felony to cheat in tournament fishing with a prize of $10,000 or more.
HB 716 allows landlords to rent seats to hunters looking to hunt wild hogs and coyotes from a helicopter.
