Texas BOMA Weekly Update
Locke Liddell & Sapp LLP

May 21, 2007

HB 3928 - Margin Tax Modifications
The Senate passed HB 3928 last week. The version that passed the Senate keeps intact the ability to pass through the margins tax to tenants under a contract for the lease of real property. This exemption does not exist in the House version. There are other differences between the House version and the Senate version of the bill. The bill has not yet been referred to a conference committee. Locke Liddell will continue to work with legislators to ensure BOMA's commercial lease exemption remains in the bill.

SB 270 - Sales Price Disclosure
Since our last update, we are pleased to report that SB 270, requiring mandatory sales price disclosure, is now procedurally dead.

HB 167 - Seizure of Certain Property
HB 167 prohibits a person from seizing a bible. Locke Liddell was able to work with Senator Hinojosa to exempt a landlord seizing personal property after a tenant breaches a lease agreement. This exemption should protect all commercial landlords from any attempted prosecution for unknowingly seizing a former tenant's bible.

SB 1729 - Relating to the inspection, installation, maintenance, and repair of elevators
Last week, we reported that an acceptable version of SB 1729 was voted out of the House Licensing and Administrative Procedures Committee. Since then, the bill has not been set on the House calendar. The deadline to list a bill on the House Local & Consent calendar was today at 9:00 am. There is some talk that they will suspend the rules to add supplemental bills to the calendar. But at this point, SB 1729 is dead.

Speaker's Race
Last week, we reported an effort in the House to move to vacate the Chair. Representative Keffer, the Chairman of the House Ways & Means Committee, announced his candidacy for Speaker for the 2009 legislative session. Rep. Jim Pitts has filed his candidacy for Speaker this afternoon. It appears that a Motion to Declare the Chair vacant may occur this week. The budget has gotten caught up in the House leadership fight and could become collateral damage. If the legislature does not pass a budget, Governor Perry will have to call them back for a special session.

Sine Die
The legislature adjourns sine die next Monday, May 28. The rules provide for the legislature to conclude all substantive legislative matters by Sunday, May 27, at the latest.

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