Legislative Blog
J.B. Williams, J.D.
7 more 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 423 - Texas military forces is now permitted to use unmanned aircraft
SB 435 - Coroners reports and video evidence of a crime may be viewed by the victim or family members of the victim of the crime.
SB 493 - A dishonorable discharge caused solely by a refusal to take the COVID-19 vaccine shall be considered to be an honorable discharge.
SB 538 - Ensuring that the code preventing use of funding for publicity does not apply to recruiting and retention efforts.
SB 729 - Provides optional methods of receiving reduced payments under the retirement system.
SB 1192 - Adds volunteers and contractors to the permitted list of individuals that they may get a criminal history background for.
SB 1238 - Providing grants and low-interest loans for broadband expansion into unserved and underserved areas, as well as expanding in existing areas.
7 more bills that modify the Government Code
Published: 2024-05-10
SB 423
Use of unmanned aircraft by the Texas miliary forces
This merely adds the Texas military forces to the list of approved use of unmanned aircraft. They are permitted as part of an operation, exercise, or mission of the Texas military forces.
SB 435
Disclosure under the public information law of certain evidence of a crime that resulted in the death of a person
A prosecutor may permit a person to view the following evidence of a crime that resulted in the death of a person:
- the medical examiner's report, if the person is a family member of the deceased and the deceased was a victim of the crime; and
- video evidence of the crime, if the person viewing was victim or family member of a victim
The information viewed may not be duplicated, recorded, capture, or otherwise memorialized. The prosecutor may require the person to sign a confidentiality agreement before viewing the information. This viewing does not waive or affect the confidentiality of the information. This does not modify any other means by which the information would be otherwise available.
SB 493
Qualifications for certain individuals for veterans benefits
COVID-19 means the 2019 novel coronavirus disease. For those that received a less than honorable discharge due to the individual's refusal to receive a vaccination against COVID-19, they shall be considered to have received an honorable discharge. The refusal of the vaccine must be proven to be the sole reason for the individual's less than dishonorable discharge.
SB 538
Use of appropriated money by the Texas State Guard for recruiting and retention purposes
The existing Government Code Section 2113.011, focused on publicity, does not prevent the use of the funds for recruiting and retention of employees, service members or other personnel.
SB 729
Cash balance benefit under the Employees Retirement System of Texas
This relates to payments made under Qualified Domestic Relations Orders, or payments made in relation to a divorce to the spouse of a qualified individual. The spouse receives annual interest and gain sharing interest for segregated amounts by a public retirement system or an optional retirement program.
It also establishes that a member must be able to establish military service credit in compliance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (federal legislation.) The state contributes a matching amount to the member's contribution. The matching contribution is taken from the same fund that the individual is paid from. If someone is under the cash balance system, they can re-establish military service credit within the cash balance program if they request it. In order to be eligible for re-establishing credits, they must pay back the cash amount withdrawn no later than the first day of the 24th month after they begin reemployment. There may be a reasonable administrative fee charged to the individual for this.
A retiring member may select the optional cash balance payment method which pays for a guaranteed amount of time. To do so, the retiring member must designate at least 1 beneficiary to receive the payment upon their death. This pays a reduced amount to the retiree during their lifetime and one-half of that amount to the beneficiary during the beneficiaries lifetime. It is guaranteed that the retiree will receive 60 months of payments. If they pass before the payments are made, the remaining payments will be made to the beneficiary. Or there are the guaranteed 120 monthly payments to be made to either the retiree or their beneficiary. Or after the retiree's death, 75% of the reduced annuity is payable to the life of the beneficiary. One of these payment guaranteed methods is chosen.
If the beneficiary predeceases the retiree, the reduced annuity shall be increased to the standard cash balance annuity as if the optional annuity had not been claimed. It shall be adjusted in the month following the death of the beneficiary to meet the increases it would have paid over time. This amount is then paid for the life of the retiree.
The beneficiary under the optional cash payment cannot be changed after the person retires. A designation of a prior spouse is not valid unless it is rechosen post the date of divorce.
If a retiree divorces post retirement and the court orders the optional plan to be converted and the prior spouse signs a release of all claims and transfer's all the beneficiary interest to the retiree; then it can be changed to the non-optional cash payment method.
A retiree may choose an optional cash balance annuity with partial lump-sum distribution. The lump-sum distribution cannot exceed 36 months of payments. The payments and lump-sum distribution shall be computed actuarially not case a loss to the retirement system.
SB 1192
Access to criminal history record information for certain employees, volunteers, and contractors, and for applicants for positions, by the Health and Human Services Commission
The commission is entitled to obtain criminal history records, if the person is required to be fingerprinted and: had been allowed for an applicant for employment but now includes volunteers or contractors that would have access to sensitive personal or financial information.
SB 1238
Broadband development
Broadband means a speed of 25 megabits or more per second download and a speed of 3 megabits or more per second upload and network round-trip latency of 100 milliseconds or less. If the FCC adopts rules different than these then the comptroller may require Internet service to match those standards.
The broadband development office shall provide a map on the comptroller's Internet website that shows locations unserved by broadband; underserved by broadband; and served. Underserved means no access to reliable broadband that is capable for providing at least 100 megabits per second download; at least 20 megabits per second upload; and network round-trip latency of at least 100 milliseconds.
The map must also show the number of broadband providers in an area. It must show if the public schools have broadband service access. The number and percentage of underserved and unserved locations.
A political subdivision or a broadband service provider may request reclassification of an area.
There may be grants, low-interest loans, and other financing incentives for eligible broadband infrastructure projects for unserved and underserved locations. There may also be grants, low-interest loans, and other financial incentives for projects that expand the accessibility, affordability, or adoption of broadband service. These include education, training, community outreach, remote learning or telehealth facilities, equipment purchases. One additional item that may be considered when reviewing applicants is whether they forfeited federal funding for defaulting on a project to deploy qualifying broadband service. If an area is already under one applicants receipt of funding then they shall not consider granting another applicants request. (While I understand the theory, especially in underserved or unserved locations, the fear for the other projects is locking in 1 provider with more benefits than another. This could very well lead to increased cost to customers. Because generally spending someone else's money leads to this. As long as it is a low-interest loan or something that is paid back, then that is less likely because it's not someone else's money.)
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