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2017 LEGISL ATIVE ANALYSIS REPORTANALYSIS OF BILLS BY SUBJECT (Regular Session)ADULT PROBATIONAPPRAISAL PROCESSHB 1507 by Giddings. Relating to the rights of certaindefendants who successfully complete a term ofcommunity supervision. Requires a court, prior toaccepting a plea of guilty or nolo contendere, toadmonish a defendant placed on probation that thecourt is authorized by law to set aside the verdictand release the defendant from the penalties anddisabilities resulting from the offense after thedefendant satisfactorily fulfills the conditions ofprobation. The bill also requires a judge placing adefendant on probation to inform the defendantin writing, and on a form prescribed by the Officeof Court Administration, of the court’s discretionto release the defendant from the penalties anddisabilities resulting from the offense. Effective9/1/2017.HB 2228 by Murphy. Relating to deadlines forperforming various functions in connection with thead valorem tax system. Changes the deadlines formultiple property tax related issues. Requires chiefappraisers to accept late applications for Freeportexemptions if they are received by June 15. Changesthe due dates for accepting application forms frompersons claiming interstate allocation of certain typesof property. Deadlines for rendition statements andproperty reports submitted for taxing units that offerFreeport exemptions are changed to April 1, and thedeadlines may be extended in certain circumstances.Finally, the bill makes changes to the appraisalprotest deadlines. Effective 1/1/2018.SB 731 by Bettencourt. Relating to the appeal throughbinding arbitration of certain appraisal review boardorders. Revises the maximum value of a property,for which an appeal through binding arbitration ofcertain appraisal review board orders may be made,from 3 million to 5 million. A completed requestfor binding arbitration must include a deposit madepayable to the comptroller of 1,550 for propertiesbetween 3 million and 5 million. Effective 9/1/2017.SB 1584 by Garcia. Relating to the conditions ofcommunity supervision. Requires a risk and needsassessment to be conducted and provided to ajudge prior to determining conditions of probation.Additionally, a judge must consider the impact thatconditions of probation may have on a defendant’swork or education obligations, including ability topay. Effective 9/1/2017.SB 945 by Bettencourt. Relating to the authorityof the chief appraiser of an appraisal district tocorrect an ad valorem tax appraisal roll. Expandsthe list of instances when the chief appraiser maychange the appraisal roll at any time to include: tocorrect an erroneous denial or cancellation of anyresidence homestead exemption if the applicant orrecipient is disabled or is at least 65, or to make sucha correction for other specified exemptions relatingto certain surviving spouses and disabled veterans asauthorized by the Tax Code. Effective 5/22/2017.BAIL BONDSHB 1442 by Wu. Relating to the release of certaindefendants pending a motion for new trial or anappeal from a misdemeanor conviction. Entitlesa defendant to be released after completing asentence of confinement pending the determination5

2017 LEGISL ATIVE ANALYSIS REPORTCHILD PROTECTIVE SERVICES REFORMof a defendant’s motion for a new trial or thedefendant’s appeal from a misdemeanor conviction.Authorizes a trial court to require the defendantto give a personal bond, but prohibits the courtfrom requiring any condition of the personal bond,another type of bail bond, or a surety. Effective9/1/2017.Child welfare reform was a priority issue for theLegislature this session. The governor declaredChild Protective Services (CPS) reform anemergency item, and the Legislature passedseveral bills and provided additional fundingaimed at addressing the state’s troubled system.Some of the most significant bills include:HB 3165 by Moody. Relating to certain pretrialprocedures in criminal cases. Revises several criminalpretrial procedures. Requires a magistrate in acounty where a person was arrested on an out-ofcounty offense to release the arrested person onpersonal bond, instead of being discharged fromcustody without bond, if the county where theoffense was committed does not take charge of theperson before the 11th day after the date the personis committed to the jail of the arresting county.Revises information that a personal bond office mustinclude in certain records and reports. Additionally,the bill authorizes an arrested person to be takenbefore a magistrate, and a court to accept a plea orwaiver of rights, via videoconference. Effective 9/1/2017.HB 4 by Burkett. Relating to the relative or otherdesignated caregiver placement program and tomonetary assistance provided by the Departmentof Family and Protective Services to certainrelative or designated caregivers; creating acriminal offense; creating a civil penalty. Providesmore financial support based on income level tocertain relatives and other designated caregiverswho care for children removed from their homes.Effective 9/1/2017.HB 5 by Frank. Relating to the powers and dutiesof the Department of Family and ProtectiveServices and the transfer of certain powers andduties from the Health and Human ServicesCommission. Removes the Department ofFamily and Protective Services, which overseesChild Protective Services, from the state healthand human services system and establishes theDepartment as a stand-alone agency. Effective9/1/2017, except for certain sections.COUNTY AUTHORITYHB 594 by VanDeaver. Relating to procedures for thedissolution of a county hospital authority. Allows acounty to dissolve a county hospital authority oncethe assets and liabilities of the authority are sold ortransferred to the county. Effective 5/26/2017.HB 7 by Wu. Relating to child protective servicessuits, motions, and services by the Departmentof Family and Protective Services and to thelicensing of certain facilities, homes, and agenciesthat provide child-care services. Revises variouscourt procedures in Child Protective Servicescases. Among many provisions, the bill specifiesthat an order appointing the Department ofFamily and Protective Services as managingconservator may provide for the continuation ofthe appointment of an attorney ad litem for aslong as the child remains in the custody of theDepartment. Additionally, the Permanent JudicialCommission for Children, Youth and Familiesis required to study the appointment and useof attorneys ad litem in cases involving theHB 1128 by Wray. Relating to the date and time forthe public sale of real property. Sets restrictions onthe date and time for the public sale of real propertyrequired by court order or other law. Effective 9/1/2017.HB 1170 by Reynolds. Relating to the authority ofcounties to advertise on personal property owned orleased by the county. Expands the types of propertieson which the commissioners court of a county maylease advertising space to another entity to includepersonal property. Effective 6/15/2017.HB 1288 by Rose. Relating to broker agreementsfor the leasing of real property owned by a county.Authorizes a commissioners court to use a broker tolease county property. Effective 5/23/2017.HB 2359 by Ortega. Relating to common nuisances.Expands the types of activities that may constitutecontinued on next page6

2017 LEGISL ATIVE ANALYSIS REPORTcontinued from page 7Department of Family and Protective Services anddevelop policy recommendations for improvingthe attorney ad litem appointment process. Effective9/1/2017, except for certain sections.or justice of the peace to report a child’s death tothe appropriate county child fatality review team incertain circumstances.The bill also directs DFPS to develop strategies forimproving the provision of prevention and earlyintervention services, collect and report on certainchild abuse data, and develop and implement acaseload management system for caseworkers.Effective 9/1/2017.HB 1549 by Burkett. Relating to the provisionof services by the Department of Family andProtective Services, including child protectiveservices and prevention and early interventionservices. Includes numerous provisions focusingon child abuse prevention and the administrationof services. The bill requires the Department ofFamily and Protective Services (DFPS) to developa foster care capacity needs plan and also requiresthe agency to collect near fatality data and producean aggregated report relating to child fatality andnear fatality cases resulting from child abuse.SB 11 by Schwertner. Relating to the provisionof child protective services and other health andhuman services by certain state agencies or undercontract with a state agency, including foster care,child protective, relative and kinship caregiversupport, prevention and early interventionhealth care, and adoption services. Reforms thestate’s current administration of child welfareservices. Among many provisions, the bill expandscommunity-based care. Specifically, it requiresthe Department of Family and Protective Servicesto identify not more than eight catchment areas(geographic service areas) that are best suited toimplement community-based care and contractwith community-based nonprofit and governmentalentities to provide child welfare services inthose areas, including direct case management.Additionally, the bill requires the Department toimplement a pilot program in two child protectiveservices regions involving contracts with non-profitor governmental entities to provide family-basedsafety services. Effective 9/1/2017, except for certainsections.Additionally, the bill requires the Departmentof State Health Services to develop and makeavailable training regarding inquests in childdeath cases for justices of the peace and medicalexaminers. It requires a commissioners court toadopt regulations relating to the timeliness forconducting an inquest into the death of a child;the adopted regulations must be as stringent asthe standards issued by the National Associationof Medical Examiners, unless the commissionerscourt determines it would be cost prohibitive tocomply with those standards. It allows all counties,and not just those with populations of less than50,000, to join adjacent counties in establishing achild fatality review team and expands the reviewteam’s duties; and requires the medical examinera common nuisance under the Civil Practice andRemedies Code to include: certain criminal trespass,disorderly conduct, arson, criminal mischief, andgraffiti offenses, as well as the delivery, possession,manufacture, or use of a substance or other itemin violation of the Controlled Substances Act.Authorizes a court that determines that a person ismaintaining a vacant lot or a vacant or abandonedbuilding that is a common nuisance to order theappointment of a receiver to manage the property orrender any other order to abate the nuisance. Effective9/1/2017.HB 3470 by Hunter. Relating to acceptance ofdonations and bequests by a commissioners court.Authorizes a commissioners court to accept a donationof labor or services on behalf of the county for thepurpose of performing a function conferred by law onthe county or a county officer. Effective 9/1/2017.HB 4104 by Coleman. Relating to the county budgetfor certain court personnel. Clarifies commissionerscourt authority to determine the number of courtadministrator positions and salaries. Effective 9/1/2017.7

2017 LEGISL ATIVE ANALYSIS REPORTHB 4114 by Coleman. Relating to county approvalfor the locations at which a junkyard or automotivewrecking and salvage yard may be operated. Allowsa commissioners court to delegate authority to anemployee for the purposes of approving junkyard orautomotive wrecking yard locations. Effective 9/1/2017.SB 24 by Huffman. Relating to a privilege fromdisclosure to governmental units for certain evidenceconcerning sermons delivered by a religious leader.Prohibits a governmental entity from compellingthe production or disclosure of a written copy orrecording of a sermon delivered by a religious leaderduring religious worship or compelling the religiousleader to testify regarding the sermon in a civilaction or proceeding. Effective 5/9/2017.SB 341 by Perry. Relating to the consequences ofthe possession of illegal synthetic cannabinoids on aholder of or applicant for certain alcoholic beveragelicenses and liability of a person who provides, sells,or serves a synthetic cannabinoid to another person.Requires a county judge to deny an application for aretail dealer’s on-premise license under the AlcoholicBeverage Code if the judge finds that the applicantor the applicant’s spouse was convicted of an offenseinvolving certain synthetic drugs within a prescribedtime period. Effective 9/1/2017.COUNTY LIABILITYHB 53 by Romero. Relating to certain limitations onsettlement agreements with a governmental unit.Amends the Texas Tort Claims Act. Prohibits agovernmental unit from settling a claim against thegovernmental unit if the settlement is equal to orgreater than 30,000 and a condition of settlementrequires any confidentiality. The provisions ofthe bill only apply if the money used to pay thesettlement is: i) derived from taxes collected by agovernmental unit; ii) received from the state; oriii) insurance proceeds received from an insurancepolicy for which the premium was paid with taxescollected by a governmental unit or money receivedfrom the state. Effective 9/1/2017.SB 492 by West. Relating to procedures of a countytax assessor-collector for collection of dishonoredchecks and invoices; authorizing a fee. Authorizesa tax assessor-collector to refer a dishonored checkor credit card invoice to a private collection agency,which may charge a specified fee to the personresponsible for the check or invoice. Effective 5/4/2017.HB 451 by Moody. Relating to waiver of immunityin certain employment discrimination actions inconnection with a workers’ compensation claim.Waives governmental immunity and authorizes afirst responder to sue a governmental entity thatemploys the first responder for certain employmentdiscrimination actions relating to a workers’compensation claim. The bill limits the liability of apolitical subdivision for such a claim to a maximumamount of 100,000 for each person aggrieved and 300,000 for each single occurrence of a violation.Effective 9/1/2017.SB 1120 by Zaffirini. Relating to the prohibition oflocal motor fuel taxes on compressed natural gasand liquefied natural gas. Prohibits a county fromimposing a motor fuel tax on compressed natural gasand liquefied natural gas. Effective 5/10/2017.SB 1172 by Perry. Relating to the regulation of seedby a political subdivision. Prohibits a county fromregulating agricultural seed, vegetable seed, weedseed or any other seed in any manner, includingplanting seed or cultivating plants grown from seed,with certain exceptions. Effective 9/1/2017.8

2017 LEGISL ATIVE ANALYSIS REPORTof duties related to the collection of assessmentsimposed by a local government under the PropertyAssessed Clean Energy Act. Effective 9/1/2017.COURTSHB 431 by Metcalf. Relating to a temporary justiceof the peace. Allows the county judge, on the judge’sown motion or at the request of the justice of thepeace, to appoint a qualified person to serve astemporary justice for the duration of the absenceof the justice of the peace from the bench. Effective5/29/2017.HB 2048 by Dutton. Relating to certain proceduresfor cases and orders relating to the Title IV-D agency.Clarifies the authority of a Title IV-D associatejudge to hear and render an order on any matternecessary to be decided in connection with a TitleIV-D service, including a suit affecting the parentchild relationship and a suit for modification of theparent-child relationship. The bill also provides thatan agreed child support review order is consideredconfirmed by the court by operation of law onexpiration of the third day after the filing of theorder, regardless of whether the court has signed theorder. Effective 9/1/2017.HB 590 by Bohac. Relating to the liability of firstresponders who provide roadside assistance. Providesthat certain first responders are not liable in civildamages for damage to a motor vehicle causedby good faith acts or omissions that occur whileproviding roadside assistance, unless the acts oromissions constitute gross negligence, recklessness orintentional misconduct. Effective 9/1/2017.HB 3069 by White. Relating to the administrationof and eligibility for participation in a veteranstreatment court program and the issuance oforders of nondisclosure for certain participantswho successfully complete that program. Expandseligibility for veterans treatment court programs toinclude persons convicted of or placed on deferredadjudication for any misdemeanor or felony, andnot just those persons arrested or charged withsuch offenses. Authorizes persons who successfullycomplete a veterans treatment court program topetition the court for an order of nondisclosure incertain circumstances. Effective 9/1/2017.HB 1704 by Kuempel. Relating to the award of courtcosts and attorney’s fees in actions to determinethe applicability of certain local governmentregulations. Authorizes a court to a

2 2017 LEGISLATIVE ANALYSIS REPORT INTRODUCTION When the 85th Legislature convened in early January 2017, much of the stage had already been set for the 140 days of the regular session. The Senate, the House, and the governor