2009 legislative updates texas

HB Relating to the licensing and regulation of pool-related electrical maintenance. This Act takes effect September 1, , except Section 1 takes effect March 1, SB Relating to education and examination requirements for the issuance of a driver's license to certain persons. SB Relating to the licensing and regulation of pool-related electrical maintenance. HB Relating to self-directed and semi-independent status of state financial regulatory agencies and the licensing and regulation of certain persons involved in residential mortgage lending; making an appropriation; providing a penalty.

This Act takes effect September 1, , except Section 5 takes effect April 1, , and Sections 9 and 12 take effect January 1, HB Relating to the regulation of certain mortgage banker employees who are residential mortgage loan originators; providing penalties. HB Relating to the regulation of discount health care programs by the Texas Department of Insurance; providing penalties. HB ing to the powers and duties of the Texas Department of Licensing and Regulation, including the power to issue emergency orders and temporary and emergency licenses.

This Act takes effect September 1, , except Section 10 takes effect May 1, HB Relating to regulation of prepaid funeral benefits. This Act takes effect September 1, , except Sections 2, 3, and 7 take effect June 1, SB Relating to the regulation of the towing and storage of vehicles.

This Act takes effect September 1, , except Sections 1, 4, and 8 take effect June 1, SB Relating to the performance of annual soil tests for certain concentrated animal feeding operations by the Texas Commission on Environmental Quality.

SB Relating to the licensing and regulation of plumbers and multipurpose residential fire protection sprinkler specialists; prohibiting municipal regulations requiring the installation of fire protection sprinkler systems in certain residences. This Act takes effect September 1, , except Section HB Relating to the regulation of certain boarding home facilities and assisted living facilities; providing penalties. HB Relating to requiring the Department of State Health Services to implement a provider choice system for certain vaccines.

This Act takes effect September 1, , except Section 2 takes effect September 1, HB Relating to the regulation of laser hair removal facilities; providing penalties. HB Relating to the regulation of dyslexia practitioners and therapists; providing penalties. HB Relating to the licensing and regulation of towing companies and vehicle storage facilities; providing penalties. This Act takes effect September 1, , except Sections 3, 5, and 6 take effect September 1, HB Relating to the creation, organization, governance, duties, and functions of the Texas Department of Motor Vehicles, including the transfer of certain duties to the Texas Department of Motor Vehicles and the Texas Department of Licensing and Regulation, and to the regulation of certain franchised motor vehicle dealers; providing a penalty.

HB Relating to "Welcome to Texas" signs on highways entering Texas and to the placement of Texas flags at international ports-of-entry. SB 68 Relating to licensing and inspection requirements of the Department of Family and Protective Services for certain facilities and homes providing child care; providing penalties.

This Act takes effect September 1, , except the change in law requiring specified programs to be licensed under Chapter 42, Human Resources Code, takes effect September 1, SB Relating to information requested by a member, committee, or agency of the legislature under the public information law.

SB Relating to the certification and regulation of pain management clinics. SB Relating to the licensing and regulation of used automotive parts recyclers; providing penalties. SB Relating to public information and open government. SB Relating to nonsubstantive additions to and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, to conforming codifications enacted by the 80th Legislature to other Acts of that legislature, and to the repeal of certain unconstitutional laws.

This Act takes effect September 1, , except Section 7. SB Relating to treating and reducing child abuse and neglect and improving child welfare, including providing assistance for adoptive parents and foster care providers.

HB Relating to motor vehicle inspection stations that perform emissions inspections using only the onboard diagnostic system of inspected vehicles. HB Relating to tuition and fee exemptions at public institutions of higher education for certain peace officers enrolled in criminal justice or law enforcement course work and for certain educational aides.

This Act takes effect immediately, except Sections 1 and 3 take effect January 1, SB Relating to a requirement that certain appraisal districts provide for electronic filing of and electronic communications regarding a protest of appraised value by the owner of a residence homestead. HB Relating to the nonsubstantive revision of certain local laws concerning special districts, including conforming amendments.

SB Relating to a nonsubstantive revision of statutes relating to railroads; including conforming amendments. HB Relating to the registration and operation of certain motor vehicles. Sections 1 through 16 of this Act take effect September 1, , and Sections 17 through 39 of this Act take effect September 1, This Act takes effect September 1, , except Articles 7, 9, 10, and 13 take effect immediately and Article 15 takes effect September 1, HB Relating to public school finance and programs.

This Act takes effect September 1, , except Section 48 takes effect September 1, , and Section 87 takes effect immediately. HB Relating to the licensing and appointment of court interpreters. HB Relating to the creation of two additional county courts at law in Hidalgo County. This Act takes effect immediately, except Section 3 takes effect September 1, SB Relating to the creation of two additional county courts at law in Hidalgo County.

HB Relating to the regulation of staff leasing services. This Act takes effect September 1, , except Section 2 takes effect December 31, HB Relating to the computation of the franchise tax. This Act takes effect January 1, , except Section 1 takes effect January 1, , and Sections 2 and 3 take effect January 1, , only if the changes to Tax Code, Section Otherwise, Section 1 has no effect, and Sections 2 and 3 take effect January 1, HB Relating to the adoption of a nonsubstantive revision of provisions of the Texas Probate Code relating to decedents' estates and the redesignation of certain other provisions of the Texas Probate Code, including conforming amendments and repeals.

SB Relating to jurisdiction, venue, and appeals in certain matters, including the jurisdiction of and appeals from certain courts and administrative decisions and the appointment of counsel in certain appeals.

This Act takes effect September 1, , except Section 13 takes effect January 1, Information on this website is provided as a public service by the Legislative Reference Library. The Legislative Reference Library makes no representation as to its completeness or accuracy and makes no warranty in regards to its use.

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Statutory authority. House rules. Senate rules. Texas Attorney General opinions. Legislative staff lists. In addition, the following bills have sections which became effective immediately, or which were to take effect immediately only if a specific appropriation was made: HB 51 Relating to measures to enhance and maintain the quality of state universities, including funding and incentives to support emerging public research universities, to the abolition of the higher education fund, to the institutional groupings under the Texas Higher Education Coordinating Board's accountability system, to the independent status of Lamar Institute of Technology, to research conducted by public universities and other state entities, and to the authorization of revenue bonds for certain institutions of higher education.

This Act takes effect September 1, , but only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 81st Legislature. Sections 10 and 11 take effect immediately, and Sections 14 and 16 take effect only if HJR 14 is approved by the voters. HB Relating to the protest or appeal of ad valorem tax matter.

This Act takes effect immediately, except Sections 2 and 3 take effect January 1, HB Relating to the pilot program for reporting of methicillin-resistant Staphylococcus aureus infections.

This Act takes effect immediately, except the change in law made by Section HB Relating to requiring the Texas Department of Criminal Justice to establish a comprehensive reentry and reintegration plan for offenders released or discharged from a correctional facility. This Act takes effect immediately, but only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 81st Legislature.

HB Relating to mobile food units in certain municipalities. This Act takes effect immediately, except Section 2 takes effect January 1, HB Relating to disaster preparedness and emergency management and to certain vehicles used in emergencies; providing a penalty. This Act takes effect September 1, , except Section 1.

Fraudulent Lien Statute The legislature revised this statute to afford greater protection to lien claimants. This statute gives a property owner the right to sue a lien claimant for fraud if the claimant filed an invalid lien.

The previous version, as well as recent court decisions, indicated that a claimant could commit fraud under the statute even if the claimant was unaware that its lien was invalid. The statute now requires the property owner to demonstrate that the claimant acted with intent to defraud in order to obtain relief.

First, the revisions clarified ambiguity as to whether payments to a contractor under a cost plus contract including payments for costs was exempt from the statute. Second, the new law addresses the problem of contractors receiving payment, waiving their lien rights and then having the funds confiscated in bankruptcy proceedings.

Criminal Background Checks Texas legislators refined the requirement that a contractor perform background checks on employees on certain jobsites. The requirements only apply to contracts with school districts, open enrollment charter schools and shared service arrangements. Contingent Payment Law There is an interesting footnote to the contingent payment law passed during the Legislative Session.

They set the repeal date of the old statute to April 1, , and the effective date of the new statute to Sept. Any contingent payment clause signed during those five months is arguably unenforceable. Other Changes Several other new laws will affect the construction industry. Laws That Did Not Pass Some construction legislation did not become law, but nevertheless should be watched in or in the event of a special session. These indemnity clauses are common and, at least for now, will continue to be enforceable in Texas if written correctly.

Finally, a bill seeking to rectify differing opinions in appellate court cases would have added an affirmative statement to Chapter of the Texas Government Code that no governmental entity may assert a sovereign immunity defense in suits to recover interest on unpaid contract balances under the Prompt Payment Act.

Sunset of the Texas Residential Construction Commission During a special session after the end of the legislative term, lawmakers refused to extend the Sunset date of the Texas Residential Construction Commission. As of Sept. The commission itself will remain in place for one year to deal with residential contracts entered before Sept.