Of the people, by the people, for the people

Recently, 820 new laws went into effect in Texas. These laws were studied, discussed, passed during this year’s session of the legislature and signed by Gov. Greg Abbott. With a very few exceptions, the bills passed into law were requested by constituents, advocacy groups and/or lobbyists. 

Like it or not, our state is growing and changing rapidly, and the laws that went into effect Sunday, Sept. 1, reflect those changes. I believe that as citizens it’s an important part of our stewardship to understand and keep abreast of new laws.

Many economists, sociologists and analyst are predicting a population boom, bringing changes that will impact all of us. The laws went into effect Sunday, Sept. 1, 2019, will go a long way in addressing these changes. 

At the top of the 2019 session’s agendawas passage of the 2020-2021 state budget. The state's two-year budget calls for spending roughly $250 billion on priorities including public school funding, teacher salaries and early childhood intervention programs. Here are some of the additional legislative items passed this session.

The "Born Alive Act":House Bill 16requires physicians to treat infants born alive in the rare instance of a failed abortion procedure.

Defunding abortion providers: Senate Bill 22stops state government from partnering with agencies that perform abortions, even if they contract for services not related to the procedure.

New rules for female inmates: House Bill 650make state prisons more accommodating to female inmates. The bill bans shackling of pregnant women, requires a trauma screening of each incoming female inmate and requires the Texas Department of Criminal Justice to study the effects of visitation policies on women and their children.

Free speech on campus: Senate Bill 18, filed in response to concerns that conservative voices were being stifled on campus, now requires schools to allow people to engage in "expressive activities" in outdoor common spaces.

A new smoking age: Senate Bill 21raises the legal age to buy tobacco products from 18 to 21.

Trying to stop telemarketers: Starting Sunday, telemarketers are bannedfrom calling Texans using fake numbers that show up on the recipient's caller ID.

Putting a stop to “surprise” medical bills: Senate Bill 1264seeks to prevent surprise medical bills when the health care provider and insurance company can't agree on a payment. This bill directs disputes into a state-overseen arbitration process, making it possible for patients to stay out of the fight.

The lemonade stand law: Neighborhoods and cities can no longer block or regulate children trying to sell nonalcoholic drinks like lemonade on private property. Support for this new law grew after police in the East Texas town of Overton reportedly shut down a lemonade stand by two young siblings who were trying to earn money to buy a Father's Day present.

Where pumping breast milk is allowed: Starting Sunday, a new Texas law allows women to legally pump breast milk wherever they want. Previous law allowed breastfeeding anywhere but didn't specify pumping.

Eliminates the Driver Responsibility Program: House Bill 2048, eliminates the “Driver Responsibility Program,” which critics say traps low-income Texans in a cycle of debt. It had survived past attempts to kill it because money from fines helps fund the state's emergency trauma care system. The bill offers alternative funding sources for trauma care.

Seller's disclosure for houses in a floodplain: Senate Bill 339 expands the rules for selling property to require disclosures when a home is in a 500-year floodplain, a flood pool, or in or near a reservoir. They must say whether the home has flooded in a catastrophic event.

Stealing porch packages: Thieves who steal packages from people’s front porches will start facing stiffer penalties. Penalties range from a Class A misdemeanor to a third-degree felony, depending on the number of addresses mail is taken from.

New Gun Laws

Senate bill 772gives businesses that choose not to post 30.06 (Hand guns prohibited sign) and/or 30.07 (Open carry of hand guns prohibited) signs civil liability protections making them less vulnerable to lawsuits. Hopefully this will make businesses that allow us to carry more comfortable legally.

House bill 121provides a legal defense for license to carry holders who carry into a business that has 30.06/30.07 signs posted. As long as you leave when you are “verbally” asked, there will be no penalty, not even a ticket.

House Bill 302 prohibits “no firearms” clauses in residential lease agreements and protects the rights of tenants to lawfully possess firearms and ammunition and allows them to transport guns from their vehicle to their dwelling units/homes.

Senate Bill 741 prohibits a property owners association from including or enforcing a provision in a dedicatory instrument that prohibits, restricts, or has the effect of prohibiting or restricting any person who is otherwise authorized from lawfully possessing, transporting, or storing a firearm.  

House Bill 1791 closes loopholes in the state’s “wrongful exclusion” law that cities, counties and state agencies have been using to restrict License to Carry holders in government buildings. 

House Bill 1142 limits a school district’s authority to regulate the manner in which guns are stored in locked vehicles on school property. This includes school employees. School employees with a license to carry CAN keep their guns locked in their vehicle on the school parking lot.

House Bill 1177 allows people in a declared a State or local disaster area to carry a handgun without a license to carry for 7 days from the date an evacuation notice as long as the person can legally possess a firearm under federal and state law.

House Bill 2363 allows foster parents to store firearms in a safe and secure manner while making them more readily accessible for personal protection purposes. No longer will guns have to be “stored” in separate locations.

House Bill 3231 curbs the ability of municipalities to abuse their zoning authority to circumvent state law to restrict the sale or transfer of firearms and ammunition at the local level. The law allows the State Attorney General to sue local municipalities that are in violation.

Other Bills by Topic

LIMITS ON LOBBYISTS: HB 505 puts limits on the use of campaign funds by a former officeholder or candidate who became a registered lobbyist.It says lobbyists can't knowingly make or authorize a political contribution to other candidates or officeholders from the political contributions they received when they were in office. That part of the law applies during a two-year period that starts with the end date of their last term.

FINANCIAL REPORTING BY CANDIDATES: A week from Jan. 1, 2020, HB 501 will go into effect, expanding the financial activity a public officer or candidate must report in a personal financial statement filed with the Texas Ethics Commission.Candidates must report certain business associations if they own, have acquired or sold five percent or more of a business and information on written contracts with government entities. Under certain conditions, they'll be allowed to amend their personal financial statement.

LIGHTENING COURT CASELOADS:SB 1329adds more courts throughout the state and revises the jurisdictional lines of different existing court systems. The new law also allows associate judges to hear some family law cases. This law follows new legislation enacted in September of 2017, and the final two provisions of the bill go into effect on January 1, 2019.

NEW VEHICLE TITLING LAWS:SB 2076revises the process of securing copies of a vehicle title. As of January 1, 2019, the Texas Department of Motor Vehicles (DMV) can only issue a copy of a vehicle title rather than the original to the first lienholder or the lienholder’s verified agent unless the vehicle’s owner has proof from the lienholder. The new SB 2076 also states that all certified copies obtained under this new law render previously issued certified copies or titles invalid  

NEW ANTI-HUMAN TRAFFICKING LAWS: HB 29 billrequires all sexually-oriented businesses to post anti-human trafficking notices in their restrooms or face misdemeanor charges for noncompliance. The bill also enhances the penalties for some prostitution offenses, prioritizes hearings for child sex trafficking cases and ensures the continuation of the Texas Human Trafficking Prevention Task Force. The notice required for sex-based business bathrooms includes the contact information for the Human Trafficking Resource Center and the poster must include both English and Spanish translations.

NEW HIGH SCHOOL GRADUATION REQUIREMENTS: SB 463states Texas school districts may no longer administer the Texas Assessment of Knowledge and Skills (TAKS) test. Additional minor provisions in SB 463 require public school districts and charter schools to establish individual graduation ceremonies for students who failed to pass one or two End of Course (EOC) exams.

LOBBYING AND CAMPAIGN FINANCE RESTRICTIONS: HB 505limits the use of campaign funds by former public officials or candidates that transition to lobbying. According to the new law, lobbyists cannot knowingly make or authorize political contributions to a candidate using funds received while previously in office.

CAMPAIGN FINANCING: HB 501greatly expands the disclosure requirements for political candidates to file with the Texas Ethics Commission. Political candidates must report various business transactions, such as owning, acquiring, or selling 5% or more of a business. They must also disclose details of business contracts with government entities and may make amendments to their personal financial disclosures in some cases.

Ignorance of the law does not immunize us from penalties for violations. That’s why it’s every citizen’s duty to understand the new laws, keep track of legislative changes and abide by them as they go into effect.

To learn more, go to https://capitol.texas.gov/BillLookup/BillNumber.aspx. This site provides the full narrative of each bill.