Major Legislation of the 2011 Texas Legislative Session

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

State Budget

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

Public Education

Public education funding was cut by $570 million overall compared with the current budget. S.B. 1 in the special session clarifies how much each district will be affected by the cut and S.B. 8 in the special session eliminated certain mandates in order to provide the districts with more flexibility in determining where to cut costs.

Redistricting

Due to significant population growth, Texas gained 4 new congressional districts. However, the new redistricting must still be reviewed by the Obama Administration before they become effective.

Small Business Tax Exemption

S.B. 1 of the special session continues the business franchise tax exemption for small businesses earning less than $1 million in annual revenue.

“Amazon Tax”

S.B. 1 of the special session requires online retailers that pay in-state marketers to advertise for them collect a tax from online sales that involve Texas consumers.

Abortion

H.B. 15 requires physicians to provide a sonogram to pregnant women 24 hours before performing an abortion.

Voting

Under S.B. 14 most voters will have to show photo identification to cast a ballot.

Traffic Laws

Applicants for a driver’s license must provide proof that they are lawfully present in the U.S..

H.R. 1353 eliminates lower nighttime speed limits. It also allows municipalities to raise speed limits to 75 miles per hour on certain rural roads.

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

Use of radar-jamming devices is prohibited.

It is illegal to discard lit cigarettes or cigars on public roads or right of ways. If the act results in a fire, a motorist could faces fines of up to $500 and jail time.

Children

H.R. 358 requires that parents give written consent before a school may use corporal punishment on their child. The parent must provide a written, signed 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 that the student has a concussion. The student cannot be returned 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.

Starting the 2012-2013 school year, a school district may not use a football helmet that is 16 years or older in the district’s football program.

S.B. 198 prevents a defendant who is 19 years or younger from having to register as a sex offender if he or she had consensual sex with someone 15 or older, so long as the defendant is not more than 4 years older than the other person.

S.B. 407 allows prosecutors to charge minors who text illicit images (“sexting”) of other minors with a misdemeanor rather than a felony.

A child in the sixth grade or lower grade may not be charged with the criminal offense of disorderly conduct for acting out in class.

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

Guns

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

H.B. 25 states that the laws which govern guns in cars also apply to guns on boats.

Animals

S.B. 279 permits courts dealing with a domestic dispute to issue protective orders for pets.

Under H.B. 2189 Texans can now fish for catfish using their hands (aka “noodling”).

H.B. 1806 makes it a third-degree felony to cheat in a fishing tournaments with a prize of $10,000 or more.

H.B. 716 allows landowners to rent seats to hunters seeking to shoot feral hogs and coyotes from a helicopter.

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