The 85th Regular Session of the Texas Legislature came to a close sine die on Monday, May 29th. As expected this was an interesting session to observe. Here is a final status report of the bills we were watching and information regarding TBPLS. Go to the Texas Legislature Online website for the text and full report on these bills.

House Bill (HB) 106 (Sponsored by Rep. Armando "Mando" Martinez | Rep. Ryan Guillen | Rep. Cesar Blanco)
Relating to certain images captured by unmanned aircraft.

- Voted on by the House.
- It’s companion bill SB 840 (Sponsored by Sen. Judith Zaffirini) identical to HB 106 was voted on by the Senate, then by the House and is now waiting on action by the Governor.

HB 352 (Sponsored by Rep. Andrew Murr | Rep. Paul Workman)
Relating to the procedure by which a state agency may issue an opinion that a watercourse is navigable.

- Did not reach the House floor for a vote

HB 1325 (Sponsored by Rep. Poncho Nevarez)
Relating to the application of the sales and use tax to certain services involving real property (including land surveying services); our so called “sales tax” bill.

- Did not reach the House floor for a vote.

HB 2343 (Sponsored by Rep. Paul Workman ӏ Rep. Charles Anderson ӏ Rep. Jason Villalba)
Relating to prerequisites to asserting certain claims arising from certain construction defects. This bill included surveying in the definition of “construction defect” and included surveyor in the definition of “Design Professional.”

- Did not reach the House floor for a vote.

HB 3352 (Sponsored by Rep. Garnet Coleman)
Relating to civil penalties against subdividers of land.

- Left pending in committee.

Senate Bill (SB) 71 (Sponsored by Sen. Judith Zaffirini)
Relating to transfer of certain state real property (bed of San Marcos river within corporate limits of the City) to the City of San Marcos.

- Was not voted out of committee.

SB 127 (Sponsored by Sen. Donald Huffines)
Relating to internet broadcast of TBPLS meetings.

- Was not voted out of committee.

SB 627 (Sponsored by Sen. Charles Schwertner | Sen. Brian Birdwell | Sen. Konni Burton | Sen. Charles Creighton | Sen. Bob Hall | Sen. Donald Huffines | Sen. Lois Kolkhorst | Sen. Robert Nichols | Sen. Kel Seliger | Sen. Judith Zaffirini)
Relating to notice of a property owner's rights relating to the examination or survey of property by an entity with eminent domain authority.

- Passed the Senate but did not reach the House.

TBPLS was granted the one-half FTE as requested and the approved budget provides the needed funding for that position. TBPLS is therefore fully funded for the coming biennium although the agency must contribute about $12,000 per year toward its budget. That money will come from its online seminars and possibly additional cost saving measures.

The Sunset Review process for TBPLS has begun. Tony Estrada, Executive Director and his staff are preparing a report due to the Sunset Commission by September 1, 2017. The Legislature left our licensing board alone this past session; there were no efforts to consolidate, defund or kill it, but next session could be different. The sunset review process and the resulting Sunset Commission report will be critical going into the next regular legislative session in January 2019. TSPS will be assisting TBPLS with the process as much as possible.

The Comptroller’s office has estimated sales tax revenue, the 85th Texas Legislature to convene, and the Sunset Advisory Commission makes recommendations.

Comptroller Estimates Sales Tax Revenue From Surveying Services

Per the Comptroller, taxable sales from firms that specialize in the provision of surveying and mapping services was estimated to be $35.7 million in state and local sales tax revenue in the 2014-2015 biennium.  However, this estimate does not reflect any sales of taxable surveying services by firms otherwise classified, such as engineering, architectural, or architectural landscaping service firms, nor any tax on surveying services remitted by holders of direct pay permits, and could include sales of taxable items other than surveying services.

Eighty-Fifth Texas Legislature Convenes On January 10, 2017

As usual, the first priority this Session will be the two-year budget for fiscal years 2017-2019.  The current Texas 2-year budget is $204.9 billion.  Sales tax revenue is down over 20%.  Projected income is down by $551 million due to a sharp decline in oil and gas prices.  Production taxes on oil and gas have fallen 43% and 58% respectively.  However, the budget shortfall will be more than covered by the $4 billion surplus last Biennium.  Spending priorities next Session include Medicaid, Child Protective Services, Border Security, Public and Higher Education.  The Rainy Day Fund is currently $9.7 billion.

Sunset Advisory Commission Staff Recommends Agency Consolidation

During the 2017 Sunset Review Process, the Texas Legislature will consider whether or not to continue in existence the independent licensing Boards for 10 small health licensing agencies (optometrists, physical therapists, podiatrists, etc.).  However, in November, 2016, the Sunset Commission Staff recommended that all 10 of these health occupational licensing programs be transferred to the Texas Department of Licensing and Regulation (TDLR) and that the associated regulatory boards be reconstituted as advisory boards.