Legal Law

Main Legislation from the 2011 Texas Legislative Session

This year, Gov. Rick Perry and conservative Republicans triumphed by dominating the 2011 legislative debate on fiscal and social issues. With a 19-12 majority in the Senate and a staggering 101-49 supermajority in the House, the most Republican Texas Legislature in history had enough votes to pass most bills without the need for any support from the democrats. In total, the legislature managed to pass 1,379 bills, less than in 2009 but still within the state average. The following is an overview of the most prominent legislation passed in Texas this year.

State budget

HB 1 enacts a balanced two-year budget with $ 172.3 billion in overhead, an overall decrease of 8.1%. The budget does not impose any new taxes and is based solely on spending cuts. The largest budget cuts were made in public education, higher education, and social services.

Public education

Funding for public education was reduced by $ 570 million overall compared to the current budget. SB 1 in the special session clarifies how much each district will be affected by the cut and SB 8 in the special session eliminated certain mandates to give districts more flexibility in determining where to cut costs.

Redistricting

Due to significant population growth, Texas won 4 new electoral districts. However, the new redistricting has yet to be reviewed by the Obama administration before they go into effect.

Small business tax exemption

SB 1 of the special session continues the business franchise tax exemption for small businesses that earn less than $ 1 million in annual revenue.

“Amazon Tax”

SB 1 of the special session requires online retailers who pay state merchants to advertise them to collect a tax on online sales involving Texas consumers.

Abortion

HB 15 requires doctors to provide pregnant women with an ultrasound 24 hours before performing an abortion.

Vote

Under SB 14, most voters will have to show photo identification to cast their vote.

Traffic laws

Applicants for a driver’s license must provide proof that they are legally in the US.

HR 1353 removes lower speed limits at night. It also allows municipalities to increase speed limits to 75 miles per hour on certain rural roads.

A person convicted of drunk driving with a blood alcohol level of 15 or higher is liable for a Class A misdemeanor (1 year in jail, $ 4,000 fine), rather than a Class B misdemeanor (180 days in jail, $ 2,000) fine.

The use of radar jamming devices is prohibited.

It is illegal to dispose of lit cigarettes or cigars on public roads or on the roads. If the act results in a fire, a motorist could face fines of up to $ 500 and imprisonment.

Kids

HR 358 requires parents to give their written consent before a school can apply corporal punishment to their children. The parent must provide a signed, written statement each school year prohibiting the use of corporal punishment.

A student must be removed from an athletic practice or game immediately if a coach, physician, or the student’s parent believes the student has a concussion. The student cannot return until they have been evaluated by a physician, who must provide a written statement that the student may return, and the student’s parent consents.

Beginning in the 2012-2013 school year, a school district may not wear a football helmet that is 16 years of age or older in the district’s soccer program.

SB 198 a defendant who is 19 or younger for having to register as a sex offender if he had consensual sex with someone 15 years of age or older, as long as the defendant is no more than 4 years older than the other person.

SB 407 allows prosecutors to charge minors who send illicit image text messages (“sexting”) of other minors with a misdemeanor rather than a felony.

A child in the sixth grade or lower cannot be charged with the offense of disorderly conduct for misbehaving in class.

A school district may transfer a student who engages in bullying to another classroom or another campus within the district. Additionally, a school district may not impose a punishment on a student who uses reasonable self-defense in response to bullying if, after an investigation, the student is determined to be the victim of bullying.

Weapons

SB 321 allows a person with a concealed weapon license to keep their weapon in their car while in an employer’s private parking lot, even if their employer objects.

HB 25 states that the laws governing guns in cars also apply to guns on ships.

Animals

SB 279 allows courts dealing with a domestic dispute to issue pet protection orders.

Under HB 2189, Texans can now hand-fish catfish (also known as “noodles”).

HB 1806 makes cheating in a fishing tournament with a prize of $ 10,000 or more a third degree felony.

HB 716 allows landowners to rent seats to hunters looking to shoot wild pigs and coyotes from a helicopter.