Office of the Governor Rick Perry

Gov. Perry Announces Final Decisions on Legislation

Issues Executive Order Supporting SBOE Role in Electronic Textbook Approval Process
Friday, June 19, 2009  •  Austin, Texas  •  Press Release

Gov. Rick Perry today announced his final decision on major legislation passed by the 81st Legislature.

“I am proud of the accomplishments lawmakers made this session and thankful for their solid leadership,” said Gov. Perry. “However, there was some legislation that, in its final form, would have done more harm than good to our citizens. After thoroughly and thoughtfully reviewing all legislation, I am confident that the final outcome of all bills passed will move Texas in the right direction, equipping our state to answer future challenges and providing better opportunities for all Texans.”

Gov. Perry signed legislation allowing public schools to purchase electronic textbooks (HB 4294), and issued an accompanying executive order (see link below to view) supporting the State Board of Education’s (SBOE) role in the electronic textbook approval process.

“This legislation will further propel Texas schools into the 21st century and ensure that our students have access to the most up-to-date information available in each subject,” said Gov. Perry. “For districts that are ready for the transition to technology, it will provide the flexibility to choose an alternative to traditional textbooks to effectively educate students, bringing technological advances to the classroom and enhancing our children’s learning environment.”

The governor also announced his veto of legislation that would create a new pre-kindergarten education grant program (HB 130); however, a similar grant program already exists. Consequently, Gov. Perry encourages the Texas Education Agency to ensure the $25 million appropriated for HB 130 be used to expand the number of students served by the existing pre-kindergarten grant program which could reach 21,000 more students (a 305 percent increase) over the next biennium than would have been served under HB 130.

Gov. Perry also vetoed SB 1440, which sought to clarify narrow and uncertain guidelines set by the Gates v. Texas Department of Protective and Regulatory Services (DFPS) court case. However, the bill goes too far. It creates uncertainty about how DFPS would take children into custody which could potentially infringe on the rights of parents and guardians.

“This court-created uncertainty is real and must be addressed, however I’m concerned SB 1440 overreaches and may not give due consideration to the Fourth Amendment rights of a parent or guardian,” said Gov. Perry. “I am directing DFPS, to study the effect of the Gates decision on the ability of the department to appropriately enter a residence and, if necessary, to transport the child for interviews in a neutral location. I am also directing the department to develop and recommend statewide procedures to follow when seeking court orders without compromising the rights of parents and families.”

View the Governor’s Executive Order.

View statements regarding the Governor’s Bill Decisions.

The following bills and resolutions were filed without the governor’s signature:

HB 770 by Howard, Donna    Sponsor: Jackson, Mike
Relating to ad valorem tax relief for an owner of certain property, including a residence homestead that is rendered uninhabitable or unusable by a casualty or by wind or water damage, and to a restriction on the authority to bring an action to remove a house that is partially located on a public beach as a result of a meteorological event.

HB 1275 by Kohlkorst    Sponsor: Hegar
Relating to the authority to impose a county hotel occupancy tax.

HB 3076 by Deshotel    Sponsor: West
Relating to a parenting and paternity awareness program used in the health curriculum for public schools.

SB 575 by Davis, Wendy    Sponsor: Shelton

Relating to the time for dissolution of crime control and prevention districts and to certain taxes imposed by such districts or by fire control, prevention, and emergency medical services districts.

SB 1219 by Averitt    Sponsor: Deshotel

Relating to a parenting and paternity awareness component of the health curriculum used in public high schools.

SB 1681 by Hinojosa    Sponsor: Gallego
Relating to requiring the corroboration of certain testimony to support a criminal conviction.

SB 1717 by West    Sponsor: Davis, Yvonne
Relating to regulation of owners of developments supported with low income housing tax credit allocations and of housing sponsors of certain multifamily housing developments.

HCR 237 by Hilderbran    Sponsor: Fraser
Designating the Brady World Championship BBQ Goat Cook-off as the official Texas State Goat Barbecue Championship Cook-off.

HCR 282 by Coleman
Instructing the enrolling clerk of the house to make corrections in H.B. 3485.

The following bills and resolutions were vetoed by Gov. Perry:

HB 103 by Brown, Fred    Sponsor: Patrick, Dan

Relating to health benefit plans for students at institutions of higher education and the operation of certain health benefit plans through student health centers at certain institutions of higher education.

HB 130 by Patrick    Sponsor: Zaffirini
Relating to an enhanced quality full-day prekindergarten program provided by public school districts in conjunction with community providers.

HB 518 by Kohlkorst    Sponsor: Van de Putte

Relating to programs to provide student loan repayment assistance for certain correctional officers, for certain speech-language pathologists and audiologists, and for certain mathematics and science teachers.

HB 821 by Leibowitz    Sponsor: Watson

Relating to the sale, recovery, and recycling of certain television equipment; providing administrative penalties.

HB 1293 by Eiland    Sponsor: Ellis
Relating to the sale and marketing of life insurance and annuities.

HB 1457 by Hochberg    Sponsor: Duncan
Relating to procedures concerning verification of certain information submitted in a voter registration application.

HB 2142 by McClendon    Sponsor: Carona

Relating to the promotion of toll projects by the Texas Department of Transportation.

HB 2656 by Miller, Doug    Sponsor: Duncan

Relating to the composition of the board of trustees of the Teacher Retirement System of Texas.

HB 2692 by Rodriguez    Sponsor: Watson

Relating to certain municipal requirements regarding sales of residential properties in certain areas.

HB 2820 by Chisum    Sponsor: Wentworth

Relating to contracts by governmental entities for professional services relating to geoscience and landscape architecture.

HB 2888 by Martinez    Sponsor: West
Relating to financial assistance administered by the Texas Department of Housing and Community Affairs.

HB 3148 by Smith, Todd    Sponsor: West

Relating to exempting certain young persons who are convicted of an offense involving consensual sex from the requirement of registering as a sex offender in this state.

HB 3202 by Bonnen    Sponsor: Jackson

Relating to authorizing the transfer of certain real property held by the Texas Department of Criminal Justice.

HB 3346 by Farabee    Sponsor: Averitt

Relating to gas utilities and gas storage facilities.

HB 3481 by Veasey    Sponsor: Harris
Relating to the expunction of records and files relating to a person's arrest.

HB 3485 by Coleman    Sponsor: West
Relating to certain county, municipal, district, and other governmental functions, procedures, powers, duties, and services, including certain criminal procedures.

HB 3515 by Dunnam    Sponsor: Carona
Relating to the creation of the offense of failure to report barratry and solicitation of employment.

HB 3983 by Rodriguez    Sponsor: Watson
Relating to the imposition of property taxes on the residential homesteads of low-income and moderate-income persons.

HB 4068 by Gonzales    Sponsor: Hinojosa
Relating to the conduct of judicial proceedings and transaction of other essential judicial functions in the event of a disaster.

HB 4685 by Homer    Sponsor: Eltife
Relating to the County Court of Titus County.

SB 223 by West    Sponsor: Thompson

Relating to allowing a person who successfully completes a term of deferred adjudication community supervision to be eligible for a pardon.

SB 434 by Wentworth    Sponsor: Bolton
Relating to the establishment and operation of a public transit motor-bus-only lane pilot program in certain counties.

SB 488 by Ellis    Sponsor: Harper-Brown
Relating to the operation of a motor vehicle in the vicinity of a vulnerable road user; providing penalties.

SB 686 by Davis, Wendy    Sponsor: Orr
Relating to the installation, maintenance, or operation of natural gas pipelines on state highways and highway and county road rights-of-way.

SB 978 by West    Sponsor: Elkins, Coleman

Relating to the creation and financing of public improvement districts.

SB 1206 by Hinojosa    Sponsor: Edwards

Relating to the release from the Texas Department of Criminal Justice of certain inmates who complete a rehabilitation program.

SB 1343 by Hinojosa    Sponsor: Gonzales
Relating to the formula funding for public institutions of higher education for certain credit hours that do not count toward a degree.

SB 1440 by Watson    Sponsor: Madden

Relating to orders and judgments rendered by associate judges in child support and child protection cases and to the investigation of child abuse and neglect.

SB 1760 by Watson    Sponsor: Branch

Relating to the administration of the Texas Save and Match Program to assist qualifying beneficiaries under the state's prepaid tuition plans and college savings plans and to the treatment of a beneficiary's assets under prepaid tuition plans and college savings plans in determining eligibility for student financial assistance and other assistance programs.

SB 2141 by Wentworth    Sponsor: Hughes

Relating to the statute of repose for engineers and architects.

SB 2169 by Ellis    Sponsor: Alvarado
Relating to the establishment of a smart growth policy work group and the development of a smart growth policy for this state.

SB 2325 by Hinojosa    Sponsor: Madden
Relating to the confidentiality of certain information pertaining to the State Commission on Judicial Conduct.

SB 2468 by Gallegos    Sponsor: Coleman

Relating to the postemployment activities of certain local government officers in certain counties; providing a penalty.

SB 2558 by Gallegos    Sponsor: Thompson
Relating to the promotion and marketing of alcoholic beverages.

HCR 161 by Burnam    Sponsor: Davis, Wendy

Granting John Cook permission to sue the Benbrook Water Authority.

HCR 252 by Thompson    Sponsor: Averitt
Requesting the governor to appoint a Governor's Task Force on Horse and Greyhound Racing.

SCR 59 by Jackson    Sponsor: Taylor
Granting MBP Corporation permission to sue the Board of Trustees of the Galveston Wharves.

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