Untitled Document

BILLS OF INTEREST TO TEXAS BOMA
IN THE
80^THTEXAS LEGISLATURE (2007)
SHOWING OUTCOMES

Analysis Code	Bill No.	Author/Sponsor	Subject Matter	Outcomes
E	HB 167	Raymond/Hinojosa	Relating to exempting a religious bible from attachment, execution, or other seizure for the satisfaction of debts.	Passed the legislature and is effective 9-01-07. Locke Liddell & Sapp (“LLS”) was successful in causing the bill to be amended to exempt seizures “by a lessor of real property who is exercising the lessor's contractual or statutory right to seize personal property after a tenant breaches a lease agreement for or abandons the real property.”
G	HB 497	Madden/ Ellis	Relating to resolution of disputes arising under certain construction contracts.	This bill passed the House but failed in the Senate because there were not 21 votes to suspend. There were provisions in this bill that caused concern to Texas BOMA, so we were pleased that it failed.
S	HB 1029	Goolsby/Carona	Relating to an exemption from electrician licensing requirements for certain work performed by a plumber.	Passed the legislature and is effective 6-15-07. This bill exempts plumbers from the Texas Electrical Safety and Licensing Act in order to perform plumbing work, and Texas BOMA had no objections to it.
S	HB 3693	Straus/Fraser	Relating to energy demand, energy load, energy efficiency incentives, energy programs, and energy performance measures.	Passed the legislature and is effective 9-01-07. HB 3693 adopts energy efficiency mechanisms intended to provide near-term reductions in electricity consumption and demand to avoid blackouts during peak electrical use. HB 3693 enhances existing energy efficiency programs, enables more customer demand management, updates building energy codes, and requires state agencies to purchase more efficient equipment and appliances. LLS closely monitored this legislation.
E	HB 3928	Keffer/Ogden	Relating to technical changes to the revised franchise tax.	Passed the legislature and is effective 1-01-08. HB 3928 was the margin tax technical corrections bill. The Smithee amendment was added in the House and would have precluded Texas BOMA members from receiving reimbursement from tenants for a portion of the margin tax, even when such reimbursement was provided for in the lease. LLS was successful in changing the Smithee amendment in the Senate to exclude commercial leases. The Senate amendment also implicitly acknowledged the ability of landlord’s to receive reimbursement from the tenant of a portion of the margin tax when provided for in the lease. Ultimately, the Smithee amendment was dropped from the bill in its entirety, which was also a satisfactory outcome.
G	HCR 193	Swinford	Relating to declaring that the current threat to public safety along the Texas-Mexico border requires decisive action.	Passed the House but failed to pass the Senate Committee on Transportation & Homeland Security. Texas BOMA was pleased in general that additional burdens were not imposed on commercial landlords and employers to enforce the nation’s immigration laws, which is a federal government responsibility.
S	SB 3	Averitt/Puente	Relating to the development, management, and preservation of the water resources of the state.	Passed the legislature and is effective 6-16-07. LLS closely monitored this legislation to ensure that it did not contain provisions adverse to Texas BOMA.
S	SB 12	Averitt/Bonnen	Relating to programs for the enhancement of air quality, including energy efficiency standards in state purchasing and energy consumption.	Passed the legislature and is effective 6-08-07. LLS closely monitored this legislation to ensure that it did not contain provisions adverse to Texas BOMA.
E	SB 270	Wentworth	Relating to mandatory sales price disclosure in real property sales.	SB 270 passed out the Senate Intergovernmental Relations Committee but failed to reach the Senate floor because there were not 21 votes to suspend. Texas BOMA participated in a coalition of real estate interests that vigorously opposed this legislation.
S	SB 482	Fraser/King, Phil	Relating to competition and customer choice in the retail electric market.	SB 482 died in the House. LLS was closely monitoring this legislation to ensure that it did not contain provisions adverse to Texas BOMA.
S	SB 483	Fraser/King, Phil	Relating to the regulation of electric generating capacity ownership in the electric power market.	SB 483 died in the House. LLS was closely monitoring this legislation to ensure that it did not contain provisions adverse to Texas BOMA.
S	SB 1222	Carona/Goolsby	Relating to the licensing and regulation of residential appliance installers and residential appliance installation contractors.	Passed the legislature and is effective 9-01-07. SB 1222 creates a license for appliance installation and requires that appliance installation be done by a licensed appliance installer. SB 1222 also creates an exception to the Texas Electric Safety and Licensing Act for any electric work related to appliance installation done by a licensed appliance installer. LLS was closely monitoring this legislation to ensure that it did not contain provisions adverse to Texas BOMA.
S	SB 1437	West/Bailey	Relating to the enforcement of municipal building and safety ordinances, including the authorization of certain civil actions.	This bill passed the Senate but failed to pass the House. SB 1437 proposed a civil action to enforce ordinances relating to the condition of property. There were provisions in this bill that caused concern to Texas BOMA, so we were pleased that it failed.
S	1729	Carona/Solomons	Relating to the regulation of elevators, escalators, and related equipment.	Passed the legislature and is effective 6-15-07. LLS closely lobbied this legislation to ensure that it did not contain provisions adverse to Texas BOMA, and ultimately Texas BOMA was satisfied with the bill.

RESULT ANALYSIS CODES:
E          =          Excellent
G         =          Good
S          =          Satisfactory