Dripping Life January 9

Now I know what you’re thinking: “Good grief! Just what I needed…more laws to remember.”

After each legislative session in Texas (the last one, January through May 2019), the governor springs into action signing bills into laws or the other option --- to veto them. Signing bills, magically transforming them into new laws, is one of the governor’s most important duties.

Looking over some of the new 2020 laws in Texas, maybe we needed better bills -- because some of the new laws fall into the “Why Bother?” category. But if you think some of the new Texas laws are unneeded, try some of the laws I found on the books in other states (Yes, these laws are still active and still enforced!)

• In Arizona, if you allow a donkey to sleep in your bathtub, you have committed a crime. This law, still in effect, was passed in 1924. Likewise, in South Carolina, it’s illegal to keep a horse in a bathtub -- asleep or awake.

• It’s illegal to put a coin in someone’s ear in Hawaii, so none of these magic tricks in the Aloha State!

• Calling all sweethearts (and chocolate lovers) in Idaho! According to Idaho State Law, it is illegal to give someone a box of Valentine’s chocolates that weighs over 50 pounds. 

• If a bear is sleeping in Alaska, and you want to take a photo for your vacation album, it’s illegal to awaken a sleeping bear, just because you want to take a keepsake photo.

• In Indiana, it is illegal to grow a mustache if you have a tendency to kiss other human beings. Huh? Does this include Santa?

• Attention, all one-armed piano players! In Iowa, if you are a one-armed piano player and tickle the ivories in public, you must play for free.

• If you’re a golfer and insist on playing with an explosive golf ball, you’ve got to be sneaky because even owning one is against the law and is considered a criminal activity in Massachusetts.

• Step away from the scissors! In Michigan, a woman cannot cut her own hair without her husband’s permission. (Let’s assume most women don’t pay much attention to this ruling.) In Vermont, women must have their husband’s written permission to wear dentures. (Now, there’s a law with some real teeth!)

• This is the last one: If you’re a Texas resident, it is illegal to sell your eye.

Now, to the new Texas laws, with a big thank-you to our lawmakers for working hard to create, lobby for and pass these bills:

BINGO FEES -- House Bill 914, which is an amendment to the Bingo Enabling Act. This change eliminates the 5 percent prize fee for non-cash prizes valued at more than $5. Next year, the law also will require licensed authorized organizations that conduct bingo games to collect the 5 percent fee on cash prizes and also pay 50 percent of the fees collected by the Texas Commission Lottery each quarter. Under the new law, counties and cities will be able to opt in to receive prize fees as well. 

COMPLAINTS FILED AGAINST NONPROFIT HEALTH GROUPS -- House Bill 1532 is designed to require nonprofit health organizations to develop anti-retaliation policies for doctors and submit biennial reports to the Texas Medical Board. 

The bill passed on Sept. 1, 2019, also amends the Medical Practice Act to require the Texas Medical Board to accept and process complaints against a certified nonprofit health organization the same manner in which it would handle complaints against a health professional.

SURPRISE MEDICAL BILLS: Senate Bill 121 was created to protect consumers toward ending surprise medical bills. The law requires health maintenance organizations to pay for emergency care performed by non-network physicians or providers in an amount the HMO deems reasonable for the emergency care. 

The new law also calls for a ban on the non-network physician or provider on billing a patient. It also outlines provisions centered on patients having no financial responsibility for an amount greater than their responsibility under their health care plan — including a co-payment, co-insurance or deductible.

FLOOD FUNDS -- By virtue of its passage, Senate Bill 7 creates a flood infrastructure fund and Texas infrastructure resiliency fund the Texas Water Development Board can use to help local governments with matching federal funds. Those funds can then be used for flood research, planning and mitigation projects following natural disasters such as Hurricane Harvey.

POST-DISASTER TAX RELIEF: House Bill 492 was created to allow a temporary property tax exemption for a portion of an appraised value of property damaged in a disaster area. The tax exemption is effective only after the governor declares the region a disaster area and if a local governing body chooses to adopt it within 60 days of the gubernatorial declaration.

HARASSMENT AT COLLEGES AND UNIVERSITIES: Senate Bill 212 requires employees at private, public or independent universities and colleges to report alleged dating violence, sexual harassment, sexual assault or stalking made against a student or employee to the institution's Title IX coordinator. Those failing to adhere to the new law would face a Class B misdemeanor charge — upgraded to a Class A misdemeanor if it's found the employee intended to conceal the incident requiring such enhanced reporting standards. 

PERSONAL DATA BREACHES: House Bill 4390 serves as an amendment to the Business and Commerce Code, setting a deadline for someone conducting business in Texas or who owns or licenses computerized data with sensitive personal information to notify individuals of a security breach. The business operator will have up to 60 days after the breach to report it, in accordance to the new law. Moreover, if a breach involves at least 250 Texas consumers, the person conducting business must also notify the attorney general of the incident along with a detailed list of steps being taken to mitigate the breach.

These laws go into effect on January 1, 2020. Know your laws, know your rights and Happy New Year!