Friday, June 5, 2009

BOMA at work: the bills we advocated on and the results.

HB 8
OttoWilliams
Relating to certain studies and reviews of appraisal districts conducted by the comptroller of public accounts.
Position:
Support
Remarks:
BOMA supported HB 8 in both the House and Senate, and worked with similarly situated groups towards its passage.
Bill History:
05-26-09 G Sent to the Governor

HB 133
Villarreal
Relating to mandatory sales price disclosure in real property sales.
Remarks:
The bill died in committee, before reaching the floor of the House.
Texas BOMA testified in opposition to this bill, and worked diligently to kill sales price disclosure.
Bill History:
04-01-09 H Committee action pending House Ways and Means

HB 1013
CorteWentworth
Relating to the authority of a county to regulate the installation and use of lighting in certain areas.
Companions:
SB 807
Van de Putte
(Identical)

3- 4-09 S Introduced and referred to committee on Senate Intergovernmental Relations
Remarks:
Texas BOMA successfully worked to keep this bill bracketed to the Bexar county region, and to limit its application and the ability of county commissioners to regulate land use.
Bill History:
06-03-09 G Sent to the Governor

HB 1055
ParkerHarris
Relating to the procedure for submitting certain plans and specifications of buildings or facilities for the purpose of eliminating architectural barriers encountered by persons with disabilities.
Remarks:
Texas BOMA supported this bill. Texas law currently requires an architect to submit finalized plans to TDLR within 5 days for registration. This bill increases the timeline from 5 days to 20 days.
Bill History:
05-29-09 G Sent to the Governor

HB 1976
SolomonsWest
Relating to the operation of property owners' associations.
Remarks:
Texas BOMA was instrumental in keeping this bill from passing by working to secure the opposition of 11 senators, which kept the bill from making the Senate floor. This bill would have limited the ability of property owners associations from operating effectively.
Bill History:
05-27-09 S Placed on the Senate Intent Calendar for

HB 2038
Isett
Relating to the regulation of structural pest control.
Position:
Neutral
Remarks:
This bill has been satisfactorily amended.
Bill History:
05-19-09 S Received in the Senate - Referred to Senate Agriculture and Rural Affairs

HB 2257
Giddings
Relating to mandatory sales price disclosure in certain real property.
Position:
Opposed
Remarks:
The bill died in committee, before reaching the floor of the House.
Texas BOMA testified in opposition to this bill, and worked diligently to kill sales price disclosure.
Bill History:
03-24-09 H Committee action pending House Business and Industry

HB 2783
AnchiaDuncan
Relating to the adoption of energy efficient building standards.
Remarks:
This bill died. Texas BOMA was monitoring this bill, but did not take a position for or against it.
Bill History:
05-27-09 S Placed on the Senate Intent Calendar for

HB 3065
BohacEllis
Relating to municipal registration of vacant buildings.
Remarks:
Texas BOMA was monitoring this bill, but did not take a position for or against it. The bill, which is on its way to the Governor for his signature or veto, requires owners of vacant buildings to register the buildings with certain municipalities.
Bill History:
06-03-09 G Sent to the Governor

HB 3189
McCall
Relating to the exclusion of certain commercial lease revenue in determining a taxable entity's total revenue for purposes of the revised franchise tax.
Companions:
SB 1221
Shapiro
(Identical)

4- 9-09 S Committee action pending Senate Finance
Remarks:
This is the pass-through Margin Tax bill for Texas BOMA. Texas BOMA supported this bill by testifying in favor of it at committee hearings. Unfortunately, it did not pass out of committee because of its fiscal note.
Bill History:
04-15-09 H Committee action pending House Ways and Means

HB 3454
OttoWilliams
Relating to the determination of the value of property for ad valorem tax purposes.
Remarks:
Texas BOMA supported this bill, which was part of a broad package of property tax appraisal reform bills. Unfortunately, the bill died at the end of session.
Bill History:
05-30-09 S Senate appointed conference committeeConferees: Williams, Ellis, Uresti, Eltife and Deuell

HB 3612
OttoWilliams
Relating to the creation of a pilot program that allows taxpayer appeals from certain appraisal review board determinations in certain counties to be heard by the State Office of Administrative Hearings.
Remarks:
Texas BOMA supported this bill in committee hearings. This bill is part of the package of property tax appraisal reform bills, and creates a pilot program for high value buildings to go through administrative reviews instead of needing legal action in court.
Bill History:
06-03-09 G Sent to the Governor

HB 3628
JonesDuncan
Relating to the date by which the executive director of the Texas Commission of Licensing and Regulation must comply with certain elevator safety standards.
Remarks:
Texas BOMA was neutral on this bill, which extends the deadline to comply with certain elevator regulations from 2010 to 2012.
Bill History:
06-03-09 G Sent to the Governor

HB 4648
Coleman
Authorizing municipalities located in counties having a population of more than three million to create residential management districts under Chapter 375, Local Government Code, and prescribing their powers and authority.
Remarks:
This bill died in the House. Texas BOMA opposed the bill, which could have allowed Houston to develop de facto zoning.
Bill History:
04-30-09 H Reported from committee as substituted House Urban Affairs

HB 4765
OliveiraPatrick, Dan
Relating to the total revenue exemption for the franchise tax.
Remarks:
Texas BOMA was neutral on this bill. It raises the total revenue exlusion for the Margin Tax from $300,000 to $1,000,000 for the next two years, then sets the new rate at $600,000.
Bill History:
06-03-09 G Sent to the Governor

SB 444
Wentworth
Relating to mandatory sales price disclosure in real property sales.
Remarks:
The bill died in committee (and never even received a hearing), before reaching the floor of the Senate.
Texas BOMA worked diligently to kill sales price disclosure.
Bill History:
02-17-09 S Introduced and referred to committee on Senate Intergovernmental Relations

SB 544
Ellis
Relating to the elimination of smoking in all workplaces and public places.
Companions:
HB 5
Crownover
(Identical)

5- 8-09 H Voted favorably from committee as substituted House State Affairs
Remarks:
Texas BOMA monitored this bill to ensure it would not place a burden on building owners to provide a place for smoking. The bill satisfied BOMA's needss, but died in the Senate.
Bill History:
05-20-09 S Placed on the Senate Intent Calendar for

SB 730
HegarFrost
Relating to an employee's transportation and storage of certain firearms or ammunition while on certain property owned or controlled by the employee's employer.
Companions:
HB 1301
Frost
(Identical)

3-23-09 H Committee action pending House Public Safety
Remarks:Texas BOMA opposed this bill, which would have allowed individuals to keep their handguns stored in their vehicles at work. The bill died in the House.
Bill History:
05-23-09 H Set on the House Calendar

SB 771
WilliamsOtto
Relating to the determination of the value of property for ad valorem tax purposes.
Remarks:
Texas BOMA supported this bill, which was part of the package of property tax appraisal reform bills. The bill is on the way to the Governor for his signature or veto.
Bill History:
06-03-09 G Sent to the Governor

SB 820
DuncanMenendez
Relating to the adoption and amendment of model building codes by municipalities.
Companions:
HB 554
Menendez
(Identical)
5-12-09 H Laid on the table - subject to call - see SB 820
Remarks:
Texas BOMA supported this bill, which requires municipalities to publish notice of their intent to adopt new model building codes, allowing for more public input.
Bill History:
05-23-09 G Earliest effective date

SB 1221
Shapiro
Relating to the exclusion of certain commercial lease revenue in determining a taxable entity's total revenue for purposes of the revised franchise tax.
Companions:
HB 3189
McCall
(Identical)

4-15-09 H Committee action pending House Ways and Means
Remarks:
This is the pass-through Margin Tax bill for Texas BOMA. Texas BOMA supported this bill by testifying in favor of it at committee hearings. Unfortunately, it did not pass out of committee because of its fiscal note.
Bill History:
04-09-09 S Committee action pending Senate Finance

SB 2153
WhitmireHernandez
Relating to booting of vehicles by private entities in parking facilities.
Remarks:
This bill was satisfactorily amended to exempt commercial office building owners or managers.
Bill History:
06-01-09 G Sent to the Governor

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