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2009 Legislative Session Recap
The 81st Legislative Session and the subsequent Special Session proved to be a roller coaster ride for most issues. Dominating the political agenda were issues such as Voter ID, Tort Reform, and Education. As the clock ran out on the Session, political maneuvering jeopardized two major agency Sunsets, the Texas Department of Transportation (TxDOT) and the Texas Department of Insurance (TDI) and, as a result, most bills that had been moving throughout the Session died.
In July, Governor Perry called a Special Session to address the unfinished business of the 81st Legislature. In a brief two day session, the Legislature passed a bill that extends the life of these agencies and authorized TxDOT to issue Proposition 12 general obligation bonds for infrastructure projects. A bill also was filed to extend both TxDOT and Regional Mobility Authorities' ability to utilize comprehensive development agreements as a tool to finance infrastructure projects; however, this bill failed to pass during the Special Session due to widespread lack of support in both chambers. TxDOT retains the ability to utilize comprehensive development agreements on a few projects through 2011.
Qualifications Based Selection (QBS) withstood several attacks this Session as anti-QBS language appeared both in the form of a standalone bill and in various amendments to other bills, including the TxDOT Sunset bill. Thanks to the overwhelming response from TSPE members in the form of phone calls, faxes, and letters, anti-QBS legislation was resoundingly defeated on the House floor. Your participation in the process made the difference!
TSPE was successful is passing legislation that strengthened the Engineering Practice Act. HB 2649 removed exemptions from the Act on residential windstorm design and on residential foundation design in areas with highly plastic soil. Additionally, HB 2649 prohibited additional certifications beyond that of a P.E. license to seal engineering plans. The Texas Board of Professional Engineers is currently examining city requirements of additional certifications on SWPPP and erosion control plans in light of this new prohibition. We expect an official Policy Advisory Opinion on this issue to be released at the November hearing of the Board.
For more information about any of this legislation, please contact Jennifer McEwan at jennifer@tspe.org or by phone at (512) 472-9286.
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