Legislative Blog

J.B. Williams, J.D.

4 final bills that modify the Government Code

A Blog about 88th Legislature Laws

A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.

Brief Summary of Texas

Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.

Summary of 88th Legislature Laws

The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.

Blog Summary

SB 1659 - Mostly extended dates for items set to sunset.

SB 1831 - They can spend non general revenue funds on their administrative offices.

SB 1893 - Basically it is prohibiting TikTok from being installed but allowing for the governor to add other social media applications to a list.

SB 2057 - Sets up a contract between the current non-profit and the commission to maintain, operate and expand the Iwo Jima monument and museum.

4 final bills that modify the Government Code

Published: 2024-05-14

SB 1659

Sunset review process and certain governmental entities subject to that process

The Texas Education Agency, the Expanded Learning Opportunities Council, the Texas Higher Education Coordinating Board, the Texas Lottery Commission, the State Pension Review Board, the Texas Public Finance Authority, Texas Facilities Commission, Texas Department of Housing and Community Affairs, Texas State Affordable Housing Corporation, Commission on State Emergency Communications, Texas Department of Insurance (Division of Workers' Compensation), Office of Public Insurance Counsel, Office of Injured Employee Counsel is continued through 9/1/2029. The State Commission on Judicial Conduct, the Judicial Branch Certification Commission continues through 2029.

The Pediatric Acute-Onset Neuropsychiatric Syndrome Advisory Council, Texas Medical Board, Texas Board of Chiropractic Examiners, State Board of Dental Examiners, Texas Board of Nursing, Texas Optometry Board, Executive Council of Physical Therapy and Occupational Therapy Examiners, Texas Board of Physical Therapy Examiners, Texas Board of Occupational Therapy Examiners, Texas Behavioral Health Executive Council, Texas State Board of Pharmacy, Texas State Board of Public Accountancy, Texas Board of Professional Engineers and Land Surveyors, Texas Board of Professional Geoscientists, Texas Board of Architectural Examiners, Texas Real Estate Commission, Texas Appraiser Licensing and Certification Board, Texas State Board of Plumbing Examiners is continued through 9/1/2033.

Department of Agriculture, Board of Directors of the Official Cotton Growers' Boll Weevil Eradication Foundation, Texas Animal Health Commission, Prepaid Higher Education Tuition Board, Credit Union Department, Texas Commission on Fire Protection, Commission on Jail Standards, Teacher Retirement System of Texas, Parks and Wildlife Department, Brazos River Authority, Gulf Coast Protection District is continued through 9/1/2035.

The Bandera County River Authority and Groundwater District is repealed.

The Texas Real Estate Commission must evaluation and report to the 89th Legislature the required disclosures to be made by a seller of real property and the forms developed to provide the required disclosure.

While I can understand the need, or belief of need, for some of these. There are others that just seem to be a continued means of spending tax dollars for council/commission that do not seem necessary. If they were established with a particular goal in mind, and that goal was not met; then perhaps it needs to be determined if it is even something the government should be doing. Like the boll weevil eradication foundation. I understand this is something that needs to be addressed, and I would imagine that cotton growers would need to address this. I could even see them requesting some grant or loan so that they as a group could help one another in this task. However, I don't believe it is something that the government is necessarily the best place to have involved. Things like this generally mean waste of money with little return.

SB 1831

Purchase of certain goods and services by the Employees Retirement System of Texas

The retirement system has exclusive authority to make a purchase of goods and services as long as they are not using funds from general revenue and it is related to the home office facilities of the fund administration.

SB 1893

Prohibiting the use of certain social media applications and services on devices owned or leased by governmental entities

TikTok or any application service developed or provided by ByteDance or specified by the governor are prohibited from government electronics. Social media is considered a risk if:

1. the provider may be required by a foreign government to provide confidential or private personal information to the foreign government;
2. the service poses a similar risk to state security of sensitive information, critical infrastructure, or both.

They may provide exemption to prohibitions to the extent necessary for providing law enforcement or developing/implementing information security measures.

The Department of Information Resources must annually submit a list of applications and services identified by the governor; publish the list on the publicly accessible Internet website; and periodically update that list.

My basic opinion is that no social medical applications should be installed on government electronics unless they fall under the exemption. And then they should only be installed as necessary, on the electronics necessary and for the time necessary. If employees want social media applications, they can be accessed via their personal electronics. I would have no issue if a private corporation took this very same stance with all of their electronics either. In fact, majority of private corporations block an employee user from the ability to install anything on their computer. Only those with administrator access may do so and they should only be doing so for a purpose.

SB 2057

Operation and management of the Iwo Jima monument and museum by the Texas Historical Commission

This is referencing the Iwo Jima monument and museum at the Marine Military Academy in Harlingen, Texas. The commission can enter a contract with the non-profit that is currently managing it. The contract must include:

1. expanding, renovating, managing, maintaining, operating and providing financial support for the monument and museum. This would include administration, construction, and operation of a visitor center and related activities;
2. preserving military documents, relics, and other items of historical interest;
3. employing a museum director and other employees that are necessary;
4. accepting donations of money, property and historical relics; and
5. acquiring property and historical relics with funds available for doing so.

The Iwo Jima monument and museum fund is outside the state treasury. The commission, along with the non-profit, shall administer the fund. It consists of admission revenue from the operations; sales revenue from the operation of the gift shop; and donations made. Money in the fund may be spent without legislative appropriation in order to administer, operate, preserve, repair, expand =, or maintain the monument and museum. Interest and income of the fund shall be credited and deposited to the fun.

 

J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.