INTERIM STUDY CHARGES TEXAS HOUSE OF REPRESENTATIVES …

 INTERIM STUDY CHARGES

TEXAS HOUSE OF REPRESENTATIVES

            80th Legislature




               Issued by

              Tom Craddick
 Speaker of the House of Representatives


           November 30, 2007
              Austin, TX
HOUSE COMMITTEE ON AGRICULTURE AND LIVESTOCK.................................. 3
HOUSE COMMITTEE ON COUNTY AFFAIRS ............................................................. 4
HOUSE COMMITTEE ON ENERGY RESOURCES ...................................................... 5
HOUSE COMMITTEE ON ENVIRONMENTAL REGULATION ................................. 6
HOUSE COMMITTEE ON HUMAN SERVICES ............................................................ 8
HOUSE COMMITTEE ON JUVENILE JUSTICE AND FAMILY ISSUES ................... 9
HOUSE COMMITTEE ON LAND AND RESOURCE MANAGEMENT .................... 11
HOUSE COMMITTEE ON LICENSING AND ADMINISTRATIVE PROCEDURES 12
HOUSE COMMITTEE ON LOCAL GOVERNMENT WAYS AND MEANS ............. 13
HOUSE COMMITTEE ON NATURAL RESOURCES ................................................. 14
HOUSE COMMITTEE ON PUBLIC HEALTH ............................................................. 15
HOUSE COMMITTEE ON REGULATED INDUSTRIES ............................................ 17
HOUSE COMMITTEE ON TRANSPORTATION......................................................... 18




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                         HOUSE COMMITTEE
                                ON
                    AGRICULTURE AND LIVESTOCK

1. Monitor the development and implementation of the 2007 Farm Bill and
   determine the impact of the legislation on Texas agricultural producers.

2. Evaluate preparedness of relevant agriculture-related agencies to respond
   effectively to animal and plant disease threats.

3. Study and evaluate the feasibility and potential economic impact of biofuel
   production from alternative feedstocks such as biomass, waste oils, and processed
   animal fats.

4. Study the impact on the equine industry due to increased competition from other
   states as it relates to larger purses in equine competitions.

5. Examine the opportunities for increased economic development funding in rural
   Texas.

6. Monitor the agencies and programs under the committee's jurisdiction.




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                             HOUSE COMMITTEE
                                    ON
                              COUNTY AFFAIRS

1. Study the issues surrounding the sale, use, and regulation of fireworks in
   urbanized, unincorporated parts of the county.

2. Examine county procurement statutes to identify areas for increasing efficiency
   without sacrificing internal controls.

3. Study policies and procedures related to illegal immigration and border security
   of the Texas Department of Criminal Justice, county probation departments, and
   local and county jail facilities, and make recommendations to improve
   coordination with international, federal, state, and local authorities. (Joint Interim
   Charge with the House Committee on Corrections)

4. Examine recent attempts by municipalities to exert regulatory authority beyond
   city limits and extraterritorial jurisdiction. Evaluate the current relationship
   between and possible conflicts related to regulatory authority expressly given to
   state agencies by the legislature and regulatory authority delegated to home-rule
   municipalities. (Joint Interim Charge with the House Committee on Land and
   Resource Management)

5. Monitor the agencies and programs under the committee's jurisdiction.




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                            HOUSE COMMITTEE
                                   ON
                           ENERGY RESOURCES

1. Examine issues related to electrical lines and abandoned equipment on oil and gas
   leases.

2. Examine whether the Railroad Commission of Texas should regulate carbon
   capture.

3. Discuss further the issue of financial assurance in relation to oil and gas wells,
   and evaluate the current bonding structure.

4. Discuss alternative energy sources and how best to incorporate them into our
   traditional energy sector. Also study the potential benefits of biofuels in Texas,
   including Texas feedstocks best suited for biofuel production and synergies
   between that industry and traditional energy sectors. Develop recommendations
   for facilitating the growth of the biofuel industry in a manner that best positions
   Texas in the national market.

5. Research ways to maintain ground water quality in relation to oil and gas
   exploration through economic incentives for innovative technology solutions.

6. Study the use of the Texas Economic Development Act since its enactment as HB
   1200, 77th Legislature, Regular Session. Determine how the act may be
   enhanced to better attract significant capital investments by science and
   technology industries developing alternative energy sources. (Joint Interim
   Charge with the House Committee on Economic Development)

7. Monitor the agencies and programs under the committee's jurisdiction.




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                         HOUSE COMMITTEE
                                ON
                    ENVIRONMENTAL REGULATION

1. Work to create and maintain a market-based approach to the application and
   implementation of Green Chemistry initiatives for the State of Texas.

2. Evaluate capabilities at public and private universities relating to the potential
   formation of dedicated Green Chemistry programs.

3. Collaborate with businesses to identify current Green Chemistry efforts that are
   already taking place, as well as what the incentives and disincentives are for
   businesses to make this shift. Examine and identify the environmental and
   economic benefits of promoting Green Chemistry initiatives.

4. Examine funding options for a statewide Green Chemistry initiative.

5. Work with the various state agencies such as the General Land Office, the
   Railroad Commission of Texas, and the Department of Agriculture in order to
   facilitate the promotion of Green Chemistry practices.

6. Examine the obstacles that must be overcome for Green Chemistry to be
   effective; identify solutions to such obstacles.

7. Study the Clean Air Act State Implementation Plan (SIP) to determine if:
   · Data is being collected adequately;
   · Recent changes to the SIP are bringing Texas closer to federal Environmental
       Protection Agency (EPA) requirements; and
   · There are any midcourse corrections necessary to achieve EPA requirements.
   As background, examine and document the trend in levels of air quality in Texas
   since 1980.

8. Examine the progress of the Texas Emissions Reduction Plan, the Low-Income
   Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program
   and the Texas Environmental Research Consortium.

9. Study the air permitting process to examine, define, or interpret the following:
   · The role of public input in the standard air permitting process;
   · The requirements and interpretation of what constitutes Best Available
      Control Technology;
   · The requirements for monitoring ambient air in the beginning stages of the
      permitting process;
   · The requirements for modeling future air pollution in the event that the
      proposed plant is constructed;
   · The issue of the cumulative impact of different air pollution sources;


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   ·   The use of permits-by-rule and flexible permits in some cases; and
   ·   The requirements for permit renewals and the process for granting or denying
       permit renewals.

10. Examine the penalties and sanctions imposed on vehicle inspection and emissions
    testing facilities.

11. Monitor the agencies and programs under the committee's jurisdiction.




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                              HOUSE COMMITTEE
                                     ON
                              HUMAN SERVICES

1. Research strategies to promote permanency and stability for children and families
   involved with Child Protective Services. Identify any priorities that would
   approve the adoption process.

2. Explore strategies to support the needs of aging Texans effectively and efficiently.
   This investigation should include best practices in delaying or avoiding the need
   for institutionalized care as well as promoting high-quality services for those who
   are best served in nursing homes.

3. Evaluate Prevention and Early Intervention programs at the Department of Family
   and Protective Services that have been funded by the Texas Legislature for the
   prevention of child abuse and neglect. Consider if higher priority for selection
   should be given to child or family mentoring or other support services, such as
   foster grandparents and efforts that assist mothers.

4. Evaluate existing and past efforts by the state for Youth Transitions in
   Independent Living. Recommend improvements to educational, occupational,
   health, and life skills components of preparatio n of foster children for adult living.

5. Investigate the need and potential of respite care programs to delay or avoid
   institutional placements, thereby resulting in cost savings for the state.

6. Examine compliance issues and concerns of hospices with certification surveys
   and ability to meet federal standards.

7. Monitor the agencies and programs under the committee's jurisdiction.




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                        HOUSE COMMITTEE
                                ON
                JUVENILE JUSTICE AND FAMILY ISSUES

1. Study the current Texas law governing suits by nonparents affecting the parent-
   child relationship, specifically including suits for possession of or access to a
   child by a grandparent under Family Code Sections 153.432-153.434 in light of
   Troxel v. Granville and other court rulings. Recommend any needed changes.

2. Evaluate child support guidelines and formulas, considering whether the current
   methods provide adequate support to a child. Also, study child support for the
   costs of college.

3. Review methods for determining equal access and visitation under the standard
   possession order, and ascertain whether or not the distance parents reside from
   each other should create the need for a distinct standard possession order.

4. Consider the law governing presumption of parentage, and examine the adequacy
   of relief available to presumed parents who are child support obligors and who
   assert a claim of paternity fraud.

5. Consider the law governing no- fault divorces and make recommendations for any
   possible changes.

6. Study the use of police diversion under Chapter 52 of the Family Code for youth
   who are referred to the juvenile justice system, including those there as a result of
   incidents in school.

7. Study victim-offender mediation and neighborhood restorative justice panels.

8. Determine whether current mental health practices followed by the Texas Youth
   Commission are adequate or appropriate, and make recommendations for any
   needed changes.

9. Study the organizational structure of the Texas Youth Commission and the Texas
   Juvenile Probation Commission to determine if the current system is effectively
   and efficiently addressing the needs of the juvenile justice system in conjunction
   with the sunset review of these agencies. (Joint Interim Charge with the House
   Committee on Corrections)

10. Study Disciplinary Alternative Education Programs and Juvenile Justice
    Alternative Education Programs, including referral rates, age of students, whether
    parents have sufficient recourse to challenge a placement, funding, and course
    requirements. (Joint Interim Charge with the House Committee on Corrections)




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11. Monitor the agencies and programs under the committee's jurisdiction.




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                        HOUSE COMMITTEE
                               ON
                 LAND AND RESOURCE MANAGEMENT

1. Examine the authority of the General Land Office, the School Land Board, and
   similar state agencies to engage in various types of real estate transactions, and
   determine the appropriateness of this authority.

2. Observe and study ongoing litigation and actions by condemning authorities in
   light of the Kelo decision and make recommendations for changes in eminent
   domain law needed to protect priva te property rights. Specifically, examine the
   body of law used to determine the amount of compensation property owners
   receive when their land is condemned, in whole or part, and determine the
   appropriateness of this scheme as compared to others.

3. Research annexation practices in the state to determine whether municipalities are
   abiding by both the spirit and the letter of the state's annexation laws, thereby
   maintaining a proper balance between municipal governments and individual
   residents.

4. Examine the effectiveness of the Private Real Property Rights Preservation Act
   (Chapter 2007, Government Code).

5. Study and evaluate policies held by other states in relation to how they treat wind
   resources as a property right.

6. Examine recent attempts by municipalities to exert regulatory authority beyond
   city limits and extraterritorial jurisdiction. Evaluate the current relationship
   between and possible conflicts related to regulatory authority expressly given to
   state agencies by the legislature and regulatory aut hority delegated to home-rule
   municipalities. (Joint Interim Charge with the House Committee on County
   Affairs)

7. Monitor the agencies and programs under the committee's jurisdiction.




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                       HOUSE COMMITTEE
                              ON
           LICENSING AND ADMINISTRATIVE PROCEDURES

1. Study ways to support and promote horse and greyhound racing and breeding
   programs in Texas by increasing revenues. Review the practices of other states
   with healthy racing industries and identify which practices might be applied in
   Texas. Study ways to strengthen and enforce Texas laws to reduce illegal
   gambling.

2. Identify alternative supplemental funding to increase incentives and purses for
   horse and greyhound trainers and owners.

3. Study current distance requirement provisions in the Alcoholic Beverage Code,
   and recommend any changes needed to promote clarity and uniformity.

4. Review the Bingo Enabling Act, and recommend needed changes to the licensing
   process, fee structure, and permitted forms of play. Study whether specific
   changes are needed to direct a greater share of bingo revenue toward the charities
   the act was intended to benefit.

5. Study the possible need for regulation of charitable raffles.

6. Examine the current practice of certain occupations, and determine whether these
   occupations pose any significant threat to the health, safety and welfare of the
   general public to the extent that increased regulation is needed.

7. Monitor the agencies and programs under the committee's jurisdiction.




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                        HOUSE COMMITTEE
                               ON
                LOCAL GOVERNMENT WAYS AND MEANS

1. Study whether Texas law should be amended on the methods used to determine
   the "place of business" of retail operations under Chapter 321, Tax Code,
   governing municipal sales taxes, and whether better-defined procedures and
   limitations should be enacted to assist the comptroller in determining reallocation
   of sales tax revenues from one municipality to another.

2. Review provisions for local government notices on potential tax rate increases
   and clarify potentially conflicting statutes. Look at requiring two (rather than
   one) public hearings on the tax rate increase.

3. Examine the addition of members to the board of directors of appraisal districts
   who are not appointed by the taxing jurisdictions of the district. Determine
   methods for appointing these additional directors.

4.    Examine the system for appraising property for property tax purposes:
     · Study the implementation and effects of HB 1010, 80th Legislature, Regular
        Session.
     · Consider whether the statutory system for choosing the Central Appraisal
        District Board of Directors and governing the board's operation adequately
        protects the public interest.
     · Evaluate whether the authority of the chief appraiser should be limited.
     · Consider alternative methods and procedures for conducting the Comptroller's
        School Value Study to ensure both the equitable distribution of state school
        aid and a more stringent review of local appraisal practices.
     · Examine constitutional and statutory constraints on the enforcement of
        uniform appraisal standards across the state and the ability of the state to
        provide oversight of appraisal districts.
     · Consider ways to improve appraisal dis trict efficiency, transparency and
        services, including, but not limited to, the reconfiguration of appraisal
        districts.
     · Evaluate changes in the property valuation appeal system that could expedite
        and reduce the cost of dispute resolution.

5. Research the policies and procedures by which local tax appraisers value rent-
   restricted affordable housing properties and authorize legislatively established tax
   exemptions. Evaluate application and interpretation of existing statutes by local
   appraisal districts to affordable housing properties throughout the life cycle of
   developments. Make recommendations for statutory changes. (Joint Interim
   Charge with the House Committee on Urban Affairs)

6. Monitor the agencies and programs under the committee's jurisdiction.


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                            HOUSE COMMITTEE
                                   ON
                           NATURAL RESOURCES

1. Monitor ongoing efforts related to joint planning in groundwater management
   areas, including progress toward setting desired future conditions for aquifers.
   Examine and evaluate the process relating to an appeal challenging the approval
   of desired future conditions.

2. Review and evaluate the regulatory model for investor-owned water and sewer
   utilities as provided in the Water Code, especially Chapter 13, and Article 1440a
   of the Public Utility Regulatory Act; rate case processes and timing, consultant
   fee recovery, and overall cost reductions; and, options for more effective
   customer participation. Consider consolidated tariffs for companies owning more
   than one system, and review and evaluate methods for financing expansion to new
   developments.

3. Monitor the implementation of HB 2876, 79th Legislature, Regular Session,
   relating to certificates of public convenience and necessity for water service and
   sewer service.

4. Monitor the implementation of legislation enacted by the 80th Le gislature,
   including HB 3, HB 4 and SB 3; work in conjunction with legislatively created
   committees, such as the Environmental Flows Advisory Group, the Water
   Conservation Advisory Council, the Bexar Metropolitan Water District Oversight
   Committee, and the Joint Interim Committee on State Water Funding.

5. Evaluate creating a uniform template for the creation of Municipal Utility
   Districts or other special districts with addendums for special powers to expedite
   the creation of new districts.

6. Examine "resign to run" rules for soil and water conservation district members in
   comparison to groundwater district members.

7. Study issues related to the current efficacy of flood control devices in Texas,
   including the condition of aging infrastructure, liability issues, and the legal
   authority and financing needed to make repairs.

8. Review the Texas Commission on Environmental Quality fee structure for water
   programs and examine the scope of services being funded by such fees and the
   allocation of resources, including personnel to provide services on a timely basis.

9. Monitor the agencies and programs under the committee's jurisdiction.




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                            HOUSE COMMITTEE
                                   ON
                             PUBLIC HEALTH

1. Monitor and evaluate the full array of wellness initiatives undertaken by the State
   of Texas to include the newly adopted state employee wellness and prevention
   legislation (HB 1297, 80th Legislature, Regular Session) and a pilot program to
   encourage healthy lifestyles, such as smoking cessation within the Medicaid
   program (SB 10, 80th Legislature, Regular Session) and for state employees.
   Develop strategies for maximizing potential health benefits and optimizing the
   return on the State of Texas' investments in wellness. Include a review of other
   state and private sector programs for employee wellness that result in prevention
   cost savings.

2. Research issues relating to the Indigent Health Care and Treatment Act (Chapter
   61, Health and Safety Code) and related local health care initiatives (Chapter 534,
   Government Code), and make recommendations to address any imbalance
   between counties for the provision of health care.

3. Review issues related to federal changes for tamper-resistant prescription pad
   requirements, and monitor the activity of the Texas Department of Public Safety
   Controlled Substances Advisory Committee in response to SB 1879, 80th
   Legislature, Regular Session.

4. Examine issues related to the Texas Anatomical Gift Act (Chapter 692, Health
   and Safety Code).

5. Examine the status of asthma in Texas, and make recommendations to prevent
   asthma and to assist children and adults with asthma to more effectively manage
   their disease. Develop strategies for decreasing the direct medical and indirect
   related costs associated with asthma.

6. Examine activities at the Texas Medical Board as they relate to the protection of
   public health and the practice of medicine, and the status of implementation
   requirements established by HB 1973, 80th Legislature, Regular Session. The
   committees should consider any findings by the Texas Sunset Commission. (Joint
   Interim Charge with the House Committee on Appropriations)

7. Examine the State of Texas' preparedness level to handle a public health
   emergency. (Joint Interim Charge with the House Committee on Defense Affairs
   and State-Federal Relations)

8. Review the effectiveness of the Driver Responsibility Program, and provide
   recommendations for increasing the collection rate of assessed penalties. Provide
   recommendations for amnesty and incentive programs established by the passage



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   of SB 1723, 80th Legislature, Regular Session. Examine the status of Texas'
   current statewide trauma system infrastructure and how the system may be
   optimized to meet future trauma care needs in a rapidly growing state with
   overburdened emergency rooms. (Joint Interim Charge with the House Committee
   on Transportation)

9. Study the state's current and long-range need for physicians, dentists, nurses and
   other allied health and long-term care professionals. Make recommendations
   regarding strategies related to geographic distribution and barriers to recruitment
   of high- need professions, especially for primary care providers and long-term care
   professionals. (Joint Interim Charge with the House Committees on Border and
   International Affairs and Appropriations)

10. Monitor the agencies and programs under the committee's jurisdiction.




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                           HOUSE COMMITTEE
                                  ON
                         REGULATED INDUSTRIES

1. Examine the impact of broadband Internet access on economic development,
   focusing on potential updates that would create incentives to help spur investment
   by network providers across a variety of platforms. Recommend changes to Texas
   law that would emphasize economic development through policy formulation.

2. Study and assess the ability of entitie s regulated by the Public Utility Commission
   of Texas to meet the communication needs of the Texas military forces during
   declared emergencies, including an assessment of current capabilities and
   technological compatibility among service providers througho ut the state.

3. Research the effects of both wholesale and retail competition in the Texas electric
   market.

4. Study and review information on the Internet and other communications
   services, and how Texas can best prepare for potential changes to Internet and
   communications services, and infrastructure demands. Recommend policy
   changes to encourage greater infrastructure investment while ensuring the
   continued growth and development of the Internet. Study the current state and
   local communications tax structure, including an analysis of the tax burdens
   imposed on consumers and providers of communications services.

5. Study and examine whether Generally Accepted Accounting Principles (GAAP)
   should be adhered to under Chapter 66 of the Public Utility Regulatory Act
   (PURA), and review procedures for revenue audits.

6. Monitor agencies and programs under the committee's jurisdiction, including
   identifying possible ways to merge or streamline agency functions to produce
   long-term financial benefit to the state and better efficiency of the agencies.




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                            HOUSE COMMITTEE
                                   ON
                            TRANSPORTATION

1. Research and make recommendations to the legislature on programs to improve
   safety for teen drivers.

2. Study the concept of using corridor planning organizations to provide a
   mechanism fo r local involvement in the Trans-Texas Corridor.

3. Study and make recommendations for funding mechanisms for the Rail
   Relocation Fund.

4. Study and make recommendations regarding the feasibility of a motor bus-only
   lane program for state highways in Texas that focuses on the use of improved
   shoulders as a low-speed bypass of congested highway lanes. Examine
   comparable laws from other states that allow transit buses to operate on state
   highway shoulders.

5. Examine the role of metropolitan planning authorities in state law, as well as the
   creation of rural planning authorities to address the planning needs outside of
   metropolitan planning organizations but within council of government
   boundaries.

6. Study and make recommendations for changes to statutes regarding handicapped
   parking.

7. Review the effectiveness of the Driver Responsibility Program and provide
   recommendations for increasing the collection rate of assessed penalties. Provide
   recommendations for amnesty and incentive programs established by the passage
   of SB 1723, 80th Legislature, Regular Session. Examine the status of Texas'
   current statewide trauma system infrastructure and how the system may be
   optimized to meet future trauma care needs in a rapidly growing state with
   overburdened emergency rooms. (Joint Interim Charge with the House Committee
   on Public Health)

8. Review the current requirements for driver's license and identification card
   holders in Texas in order to recommend legislative measures to prevent these
   documents from being used to further criminal activities, and recommend ways to
   enhance homeland security. (Joint Interim Charge with House Committee on
   Defense Affairs and State-Federal Relations)




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9. Monitor the continued implementation of the Texas Financial Responsibility
   Verification Program authorized by SB 1670, 79th Legislature, Regular Session,
   and determine whether any further statutory enhancements are needed to reduce
   the number of uninsured motorists in Texas. (Joint Interim Charge with the House
   Committee on Insurance)

10. Monitor the agencies and programs under the committee's jurisdiction.




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