Senator Eliot Shapleigh - El Paso, Texas

Did You Know About These Key Ten Bills That Will Affect You?

SMALL BUSINESS

H.B. 4765: Lowers the franchise tax burden on small businesses by increasing the total revenue exemption from $300,000 to $1 million. This Act takes effect January 1, 2010, except Section 1 takes effect January 1, 2010, and Sections 2 and 3 take effect January 1, 2012, only if the changes to Tax Code, Section 155.0211, contained in HB 2154 result in an attributable increase in tax revenue during the state fiscal biennium beginning September 1, 2009. Otherwise, Section 1 has no effect, and Sections 2 and 3 take effect January 1, 2010.

TRANSPORTATION

H.B. 1: The legislature funded the Texas Rail Relocation and Improvement Fund with $182 million. Rail projects are the keys to moving people faster and smarter in nearly all Texas cities. This $182 million appropriation for 2010-2011 will support the bonding of about $1.8 billion in rail projects. In 2007, a tentative rail relocation plan developed by the Department of Transportation projected the needs for Texas as being upwards of $17 billion. Signed by Governor on July 10, 2009. Effective Immediately  

TEXAS VETERANS

H.B. 3613: The legislature passed numerous bills to delay the rate of increasing appraisals, such as H.B. 3613 which lowers property taxes for Texas' disabled veterans by exempting 100 percent disabled or totally disabled veterans from all ad valorem property taxes on their homestead. This Act takes effect January 1, 2010, but only if HJR 36 is approved by the voters in November; Section 1 takes effect immediately.

CLEAN ENERGY INCENTIVES

H.B. 469: Establishes incentives for clean energy to capture carbon dioxide that would otherwise be emitted into the atmosphere.  H.B. 469 directs the comptroller of public accounts to issue franchise tax credits of 10 percent of the total capital costs or $100 million per qualifying project.  Only the first three completed qualifying projects would be eligible, and the credits may not be claimed until each project is fully operational. 

The bureau would monitor, measure, and verify the permanent status of sequestered CO₂ generated by the first three qualifying projects.  H.B. 469 provides a payment schedule that qualifying projects must follow to reimburse BEG for the costs related to monitoring, measuring, and verifying the status of sequestered CO₂.

H.B. 469 authorizes that the current reduced severance tax rate for manmade CO₂ used in enhanced oil recovery would apply to the use of CO₂ from clean energy projects for 30 years. Effective September 1, 2009

CELL PHONES WHILE DRIVING

H.B. 55: Makes it illegal to use a cell phone in a school zone unless the vehicle is stopped or a hands-free device is used. Cities or counties wanting to enforce this law must post a sign at the beginning of each school zone to inform drivers that using a wireless communications device is prohibited and the operator is subject to a fine. Effective September 1, 2009

EDUCATION

H.B. 3646: Reforms the public school finance system by directing $1.9 billion of new money into school and providing teachers with a minimum $800 per year raise. Effective September 1, 2009

HEALTH INSURANCE COVERAGE

H.B. 1290: Mandates that Texas health insurance plans must cover bariatric surgery, cardiovascular screening for the early detection of heart disease. Effective September 1, 2009

S.B 78: The Healthy Texas Program, Chapter 1508 has been added to the Insurance Code to provide access to quality small employer health benefit plans at an affordable price and encourage small employers to offer health benefit plan coverage to employees and their dependents. Provide access to quality small employer health benefit plans at an affordable price. Encourage small employers to offer health benefit plan coverage to employees and the dependents of employees. Maximize reliance on proven managed care strategies and procedures. The Healthy Texas Program is not intended to diminish the availability of traditional small employer health benefit plan coverage under Chapter 1508. This Act takes effect September 1, 2009, but only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 81st Legislature.

DRIVING WHILE INTOXICATED

SB 328: Expands the use of mandatory blood draws and breathalyzers for individuals arrested for drinking and driving. This bill allows authorities to draw blood without warrants for the following additional offenses: driving while intoxicated-3rd offense; driving while intoxicated with a child passenger; driving while intoxicated, where the officer “reasonably believes an individual other than the suspect suffered bodily injury and was transported to a hospital or similar facility”; driving while intoxicated with a previous conviction of DWI with a child passenger, intoxication assault or intoxication manslaughter. Effective September 1, 2009

FORECLOSURE RELIEF