Legislative Blog

J.B. Williams, J.D.

7 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

HB 3556 -Activating the missing children alert system without meeting the requirements for doing so.

HB 4012 - It shifts the old way of posting solicitations for bids and bid winners to be electronic postings.

HB 4141 - To determine if the Teacher Retirement System can offer peace officers a supplemental retirement benefit.

HB 4333 - This section now expires September 1, 2027

HB 4443 - One-time lump sums do not have to follow the existing law for disbursement.

HB 4964 - Permits sale, possession and consumption of alcohol at the Texas State History Museum

HB 4990 - Providing reduced cost medicine to University professors, those covered by Teachers Retirement and state retirement, as well as those eligible for benefits from the state

7 bills that modify the Government Code

Published: 2024-05-08

HB 3556

Local area activation of the alert system for certain missing children

This applies to children reported to have been taken without any investigation verifying it and without meeting any of the other criteria necessary for activation of the missing children alert system. If the chief law enforcement officer believes it is warranted to activate the system, then the department shall:

1. activate the alert system in the following areas:
   • within 100 mile radius from where the child went missing; and
   • in all adjacent counties to the one where the child went missing;
2. notify the appropriate participants in the alert system

HB 4012

Local area activation of the alert system for certain missing children

This is shifting the daily business notice to be electronic. The comptroller shall operate the electronic state daily for state agencies and eligible entities to advertise pre-solicitation notices, solicitations, and contract awards. The notices will be available via the Internet. There may not be free recovery for preparing and gathering the information that is publishes as it is part of the agency's responsibility for public information to potential bidders.

Previously the information was provided regarding the bid winner, but now the same information is provided along with the businesses e-mail address.

HB 4141

Study by the Teacher Retirement System of Texas on the feasibility of alternate retirement benefits to peace officers who are members of the retirement system

The study will consider the costs and impacts of offering peace officers the following alternative service retirement benefits.

1. retirement benefit under the existing benefit plan that:
   • a supplemental benefits imilar to the existing supplemental retirement benefit payable from law enforcement and custodial supplemental retirement fund;
   • retirement eligibility at any age after 20 or 25 years of service;
2. retirement benefit under a cash balance benefit plan that:
   • similar to a cash benefit plan established under Chapter 820 except not like the supplemental retirement benefit for law enforcement and custodial workers;
   • retirement at any age after 20 or 25 years of service;
3. cash balance benefit plan that:
   • similar to a cash benefit plan established under Chapter 820 including the supplemental retirement benefit for law enforcement and custodial workers;
   • retirement at any age after 20 or 25 years of service;

By March 1, 2024, an employer who employse a peach office shall provide the following to the retirement system:

1. the number of peace officers employed on December 31, 2023;
2. the number of unfilled positions for peace officers on December 31, 2023;
3. for the 10 years prior to December 31, 2023, the average number of years of service earned by peace officers who resigned before retirement; and
4. the compensation for peace officers

By December 31, 2024 the retirement system shall prepare their report to the legislature with the findings of the study. The Legislative Budget Board and State Pension Review Board shall:

1. assist in conducting the study as necessary;
2. provide the retirement system with any information needed for the study

HB 4333

Extension of a family violence pretrial diversion pilot program in Bexar County

This section was set to expire September 1, 2023 and has now been extended to expire September 1, 2027.

HB 4443

Allocation of certain federal money provided under the Cranston-Gonzalez National Affordable Housing Act

The funds provided under a one-time lump sum under the Cranston-Gonzalez National Affordable Housing Act are not subject to the allocation requirements provided in this section and may be allocated for the benefit of any area of Texas allowed under federal law. All other funds received must follow the law already provided under Government Code Section 2306.111

HB 4964

Sale, possession, or consumption of alcoholic beverages at the Texas State History Museum

This permits the museum to provide the public sale, possession or consumption of alcohol on it's property.

HB 4990

Texas Pharmaceutical Initiative and governing board and advisory council

The Texas Pharmaceutical Initiative is established to provide cost-effective access to prescription drugs and medical supplies for:

1. employees, dependents, and retirees of public higher education systems and institutions (average salary for college professors at public universities in Texas is $90,000; This is not exactly someone who needs access to reduced cost medications);
2. employees of Retirement System of Texas members;
3. Teacher Retirement System of Texas members;
4. individuals confined by the Texas Department of Criminal Justice or the Texas Juvenile Justice Department;
5. individuals served by a program operated by the health and human services system

The board has 3 members. One is designated by the governor to be the presiding officer. All board members serve without compensation but may be reimbursed for travel and other reasonable expenses incurred in performing their duties. A person may not serve if they have held public office during the preceding 5 years or they are an employee of any of those served. Not more than 1/3 of the members of the board may receive more than 10% of their income from health care, insurance or pharmaceutical industry.

The board may develop and implement initiative programs; establish procedures and policies for the administration of the initiatives; and establish procedures to document compliance with governing laws concerning conflicts of interest. They may hire and employ an executive director and necessary personnel for administrative support; execute contracts; authorize one or more members to execute contracts on the board's behalf; and establish a committee to exercise the powers of the board. (So a group of 3 will choose the other individuals who the taxpayers will be paying salaries to, but they can still claim the board is not paid.)

By October 1, 2024 the board shall submit a business plan to the Governonr, legislature and Legistlative Budget Board. The plan shall

1. implement the initiative;
2. establish the policies and procedures for administrations
   • establish contracting for statewide pharmacy benefit manager services;
   • establish polices for operation of distribution networks, central service center, and associated network of satellite distribution facilities;
   • provide advance pharmaceutical biological products, including
     • manufacturing generic drugs and generic biological products;
     • providing gene therapies and precision medicine;
     • providing advanced laboratories for quality control, preparation, and compounding of drugs;
3. establish procedures to document compliance with conflict of interest laws;
4. establish conditions for state agencies that facilitate health plan participation;
5. identify potential cost savings;
6. identify funding and resources needed to implement;
7. provide any other recommendations

The advisory council is composed of:

1. executive commissioner or their designee;
2. executive director of the Employees Retirement System of Texas or their designee;
3. executive director of the Teacher Retirement System of Texas or their designee;
4. chancellor of The University of Texas System or their designee;
5. chancellor of The Texas A&M University System or their designee

 

J.B. Williams, J.D.

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