Deanna Frisk, Advocacy Director                                                     Brandon Spenrath, Editor

  Deanna@cscusa.biz                                                                         bspenrath@lwvtexas.org

 www.lwvtexas.org

Welcome to the 2007 Legislative Newsletter.  League members, we are starting to receive ACTION ALERTS on issues.  This means we are sending an Action Form to each League President and we also want League members to respond on your own. We hope you find the Newsletter informative.  If you have questions or comments, please let us know. 

Members of the House and Senate Committees have been named.  You can go to this website to see who is on what committee and find out about bills, etc.  www.capitol.state.tx.us

Next articles are due February 26th

Published March 2nd   

 

IN THIS ISSUE:

New:

  1. ELECTION LAWS

  2. RECORDED VOTES          

  3. REDISTRICTING   

  4. REPRODUCTIVE CHOICE/WOMEN’S HEALTH

  5. WATER RESOURCES

  6. LAND USE & FUNDING FOR TEXAS PARKS

  7. IMMIGRATION

  8. AIR QUALITY

  9. CAMPAIGN FINANCE REFORM

  10. CAPITAL PUNISHMENT

  11. HEALTH CARE FOR OLDER TEXANS

  12. CHILDREN’S HEALTH INSURANCE PROGRAM (CHIP)

  13. CHILD CARE

  14. EQUAL OPPORTUNITY/INCOME ASSISTANCE

                

1. ELECTION LAWS

Barbara Weinstein (Dallas)

gewwendt@swbell.net

LWV-TX is working with a coalition to address the many issues relating to Election Laws this session.  There will be a briefing with the Senate Affairs and House Elections Committee Staff on the following items. (These are in no specific order)

  • The use of Direct Recording Elections (DREs) in non-Federal Elections
  • Volunteer Deputy Voter Registrars to assist voters with mail-in ballots.

·     No Excuse Early Voting by Mail

  • Voter Photo ID and Citizenship Requirements
  • Election Day Registration
  • Statewide Limited Ballot
  • Deceptive Election Practices
  • Election System Security
  • Voter Verifiable Paper Ballot

I will let you know which bills on these issues are scheduled for a hearing and our position on that bill as they come up. I will refer to this “Issues List” in future Newsletters and in addition, will let you know if we add to the list.

 

2. RECORDED VOTES

Linda Camin (Dallas)

lrcamin@tx.rr.com

We’re off to a fast start for Recorded Votes legislation this session. Several bills to routinely record votes by the name of each legislator and make the results easily accessible to the public have been assigned to Committees in both bodies. SB 102 (Carona) and SJR 7 (Carona) have been assigned to the Senate Committee on Administration. HB 666 (Naishtat), HB 83 (Branch), HB 108 (Goolsby), and HB132 (McCall) have been sent to the House Committee on State Affairs. 

League members of the Recorded Votes Committee and the Capitol Corp are canvassing the Chairs, Vice-Chairs and members of the above Committees and it appears that there will be enough votes to pass legislation out of the Committees for votes in the full Senate and House. 

However, there is a major obstacle in the House. Representative David Swinford, Chair of the House Committee on State Affairs, does not think this legislation is necessary and even opposes it as he did in the last session. Chairman Swinford has indicated he will hold a Committee hearing, but has the power not to schedule a Committee vote, as he did last legislative session—even after Recorded Votes legislation passed the Senate unanimously. 

Speaker of the House, Tom Craddick, who also opposed recorded votes in the last legislature, is now on the record as saying he will schedule a floor vote “if the members want it.”

ACTION ALERT:  It is our mission to make sure our representatives want recorded votes legislation passed.  Please write, call, or email the members of these Committees and urge them to support a constitutional amendment to routinely record all non-ceremonial votes. It is fine to contact them all. If you are a constituent in their District, absolutely communicate with them and recruit nine other people to do so also. Every contact matters and messages from ten constituents is considered significant. We cannot let the representatives say, ‘I didn’t hear from any of my constituents on this.’ 

House Committee on State Affairs                            Senate Committee on Administration

Chairman David Swinford, (R)–Dumas                    Chairman Ken Brimer, (R)-Fort Worth

Vice Chairman Ken Paxton, (R)-McKinney             Vice Chairman Carlos Uresti, (D) S. Antonio

Wayne Christian, (R)-Center                                   Kel Seliger, (R)-Amarillo

Byron Cook, (R)-Corsicana                                     Florence Shapiro, (R)-Plano

Jessica Farrar, (D)-Houston                                    Jeff Wentworth, (R)-San Antonio

Dan Flynn, (R)-Van                                                John Whitmire (D)-Houston

Tan Parker, (R)-Flower Mound                               Judith Zaffirini (D)-Laredo

Corbin Van Arsdale, (R)-Tomball

Marc Veasey, (D)-Fort Worth  

 

3. REDISTRICTING

Nancy Wilson (Richardson)

wilson972@aol.com

“It is now clear that neither party is capable of fair redistricting”, commented Sen. Jeff Wentworth in his address on League Lobby Day.  The audience all nodded in agreement.

For over two decades, LWV-TX has worked in support of the appointment of an independent Redistricting Commission to formulate a redistricting plan to draw boundaries for Congressional and Texas Senate and House districts.  The League is back in the trenches for the 80th session. 

One of the first hurdles in getting Fair Redistricting legislation passed this session will be for the House Redistricting Committee to schedule hearings on the redistricting bills and pass them out of committee.   

ACTION ALERT:  If you live in one of the following House districts, please contact your representative and urge early hearings and voting on the redistricting bills: 

House Redistricting Committee

127 (Joe Crabb, chair)               61 (Phil King)

4 (Betty Brown, co-chair)          29 (Mike O’Day)

54 (Jimmie Don Aycock)           18 (John Otto)

138 (Dwayne Bohac)                51 (Eddie Rodriguez)

122 (Frank Corte)                      92 (Todd Smith) 

22 (Joe Deshotel)                      115 (Jim Jackson)

36 (Kino Flores)                        11 (Chuck Hopson)

1 (Stephen Frost)  

If you need further information on the League position, see the advocacy paper on the LWV-TX website.

www.lwvtexas.org

Redistricting bills filed to date in the House:

HJR 22 (Strama) SUPPORT – proposes a constitutional amendment establishing the Texas Redistricting Commission to establish legislative and congressional districts and revising constitutional redistricting procedures.

HJR 32 (Ritter) SUPPORT – proposes a constitutional amendment limiting the time in which the legislature may enact or modify districts for the state legislature or the United States House of Representatives.

HB 112 (Strama) SUPPORT – relates to the reapportionment of state legislative, congressional, and judicial districts and the creation, function, and duties of the Texas Redistricting Commission.  (Note: The League is looking at the judicial commission as a separate issue pending bills that may be filed for judicial selection.) 

 

4. REPRODUCTIVE CHOICE/WOMEN'S HEALTH

Julie Lowenberg (Dallas)

jmlowenberg@sbcglobal.net

NEW Information 

Great News: By executive order on February 2, 2007, Governor Perry made Texas the first state to mandate a vaccine for sixth grade girls to prevent the sexuality transmitted infection , human papilloma virus (HPV) that leads to most kinds of cervical cancer. Perry states that his order “provides us with an incredible opportunity to effectively target cervical cancer”. Texas has the second highest number of women with cervical cancer in the nation. Last year, 1,169 new cases and nearly 400 deaths were reported. The vaccine generally cost about $360, which is covered by most insurance companies. Under the order, it would also be available to eligible girls under the Texas Vaccines for Children Program.  

Unfortunately several bills have been filed in reaction to the executive order. They would “preempt” the order by prohibiting immunization against the HPV virus as a condition for admission to public schools. LWV-Texas opposes these bills: HB 1098 (Bonnen), HB1115, (Howard), HB 1215(Hughes), and SB 438 (Hegar). 

The constitutionality of Governor Perry’s executive order mandating HPV virus for sixth grade girls as a condition for admission to public schools is being challenged. The Center for Public Policy Priorities has filed a brief with the State Attorney General’s Office for an interpretation of the constitutionality of Governor Perry’s Executive Order. 

The House Public Health Committee will hold public hearings on February 19, 2007 to preempt the executive order.  The committee will hear House Representative Dennis Bonnen on HB1098, relating to prohibiting HPV vaccine a condition for admission to school. The committee will also hear House Representative Joe Deshotel on HB 1379. Support this bill to establish educational programs about the HPV vaccine. 

The LWV supports the recommendations for the HPV vaccine based on its position that “a basic level of quality, prevention of disease, and health promotion and education are recognized as important services but of lower priority when measured against the added cost involved.” However there is emphasis “that these services are essential for children”. (Reference: LWVUS Impact on Issues, 2004-2006, page 66) 

As reported in newsletter #2, two bills pending SB 110 (Van de Putte) and a companion bill, HB 215 (Farrar) would add the HPV vaccine to the list of required vaccines for sixth grade girls. Senator Van de Putte and House Representative Farrar applauded the executive order, but said they will continue to push for passage of their bills so that the directive will become part of state law and not solely dependent on the executive order. 

What can you do:

Contact your state Senator and House Representative and express your support of SB 110 and HB 215 that would codify the order and your opposition to legislative attempts to rescind the order.  

Women’s Health and the Appropriations Process: During the 2005 legislative session, via the Williams rider to the appropriations bill, $5 million of family planning funds were diverted from proven providers of women’s health care and birth control to an ”alternatives to abortion” program. According to the Austin Chronicle, “one significant aim of the funding diversion was simply to punish any health care organization that might, in addition to its other medical services, provide access to abortion.” In doing this, the legislature also punished low-income Texas women who need access to health care and family planning services, leaving 8,500 women without such access in 2006. 

Planned Parenthood says that to date, the “alternatives to abortion” program has received $1.7 million of taxpayer money – and has only served 11 clients, whereas Planned Parenthood and other proven providers could have used those funds to serve 17,000 more low-income women.

What You Can Do: Contact your state senator and representative, asking them to stop funding the “alternatives to abortion” program and restore funding for family planning providers that really help Texas women and do not waste taxpayer money. 

SUPPORT:

  • HB 146 (Deshotel) – SUPPORT – provides for education of the public about HPV and the availability of immunization against it and mandates the Texas Department of State Health Services to administer the HPV vaccine to females who are not eligible to receive the vaccine under the vaccines for children program. 
  • HB 268 (Anchia) – SUPPORT – would require any standard health benefit plan that provides benefits for prescription drugs or devices to include coverage for prescription contraceptive drugs and devices and related services.
  • HB 301 (Farrar) – SUPPORT - would exempt women seeking an abortion, when the fetus is determined to have a severe and irreversible abnormality, from the waiting period and informed consent requirements enacted in previous legislative sessions. 
  • HB 306 (Farrar) – SUPPORT – would similarly exempt women from the waiting period and informed consent requirements when the pregnancy results from incest or sexual assault.
  • HB 503 (Castro) – SUPPORT  - would amend the statute relating to human sexuality education in public schools to require instruction in strategies to promote effective communication about human sexuality between adolescents and their families; information on prevention and testing for sexually transmitted diseases when appropriate; medically accurate information concerning the health benefits of condom and contraceptive use when appropriate; information and referrals for victims of sexual assault, including sexual abuse, concerning legal rights and community assistance programs; information on services for adolescents who are pregnant or need postnatal medical care. 

OPPOSE:

  • HB 21 (Corte) – OPPOSE - would stiffen the requirements for what constitutes “informed consent” by mandating that a physician who is to perform an abortion provide required “informational” materials directly to the patient rather than telling her that she may view these materials on a website or providing her the information via audio or video format.      
  • HB 22 (Corte) – OPPOSE - would allow the Texas Department of Health Services to inspect physicians’ offices that are exempt from licensure as abortion facilities for compliance with the minimum standards adopted for abortion facilities and would require compliance with these standards by physicians’ offices. The intent of this measure is apparently to harass and discourage doctors who sometimes perform abortions.
  • HB 23 (Corte) – OPPOSE –It would require pharmacies to provide misleading information about emergency contraception and also require women to sign a record of purchase and pharmacists to keep this private information on file for two years.  
  • HB 175 (Chisum) and SB 186 (Patrick) – OPPOSE - could be called “pre-emptive strike” measures. These companion bills provide that should a U.S. Supreme Court decision or U.S. Constitutional amendment declare that states are no longer prohibited from banning abortions, a person who performs abortions in Texas would thenceforth be subject to criminal proceedings and penalties. I.e., the pre-Roe v. Wade laws would immediately go back into effect.
  • HB 224 (Paxton) – OPPOSE - would provide for the issuance and purchase of “Choose Life” license plates. Proceeds from such purchases would go to “eligible organizations” that give assistance to pregnant women who are considering placing their children for adoption. BUT organizations that provide abortions or abortion-related services, or make referrals to abortion providers, or are affiliated with such referrers or providers would not be “eligible” to receive these funds.
  • HB 311 (Chisum) – OPPOSE – would require written consent of a parent before a public school student can receive human sexuality instruction. (The current law only provides that the parent be notified of the right to remove student from such instruction.) Note: LWV and other pro-choice groups do believe that schools should inform parents what their kids will be learning in sexuality education classes. This bill could possibly provide an opportunity for public discussion of the inadequacy of current sexuality education classes emphasizing abstinence only.

NEW:  HB 1131 (Zedler) – OPPOSE - would impose unnecessary and burdensome reporting requirements on physicians who provide care to women for complications resulting from an abortion or attempted abortion.

 

5. WATER RESOURCES

Julia Marsden (Austin Area)

jmars80278@aol.com

LWV-TX testified before the Legislative Budget Board and the Governor’s Office of Budget, Planning, & Policy on September 21 in support of the Texas Commission on Environmental Quality’s (TCEQ) ‘08’09 Legislative Appropriation Request. 

The testimony supported the following water-related exceptional items requests approved and submitted by the TCEQ Commissioners: 

  • $40 million to restore cuts made in general revenue in 2006 and 2007, funds that will support water programs.  The League supported the use of general revenue (GR) funds over fees to support the water programs.
  • $1.02 million to restore the additional GR cut made in 2008 AND 2009 water related capital.  LWV-TX opposed the request that the agency reduce its request by 10%.  The League believes that the water programs need more money, not less.
  • $528,464 to enhance current activities in support of the Edwards Aquifer program, including plan reviews and inspections with funds for FTEs.
  • $1.13 million that allows development of a network of continuously reporting filed stations to monitor and report water quality conditions on Texas water bodies.

Funding will be the key during the 2007 session for water programs such as the ones just described as well as environmental flows and water conservation. The League believes that efficient and economical government requires, among other things, adequate financing and that government should promote the conservation and development of natural resources in the public interest.  The protection of water supplies and water quality are two of the most important issues facing the state now and into the foreseeable future. Surface and groundwater, our bays and estuaries, planning and water conservation all require our attention. 

LWV-TX will follow these funding issues as well as legislation that will affect environmental flows and water conservation and legislation that could affect the Edwards Aquifer.

  

6. LAND USE & FUNDING FOR STATE PARKS

Deanna Frisk (Comal Area)

deanna@cscusa.biz

Priorities are to give counties more authority over land use to help solve water problems and to support more funding for state parks. 

HB 6 (Hildebran) SUPPORT: will credit to Parks & Wildlife all revenue, less allowable costs, received from the following sources.  Referred to: House Culture, Recreation and Tourism Committee.

SB 252 Companion Bill

  1. grants or operation of concessions in state parks or fishing piers
  2. publications on state parks, state historic sites, or state scientific areas
  3. fines or penalties received from violations of regulations
  4. fees and revenue collected associated with state park lands

SB 353 (Ellis) The proceeds from the collection of the taxes imposed by this chapter on the sale, storage, or use of sporting goods shall be credited to the Parks and Wildlife Department and deposited as specified in the Parks and Wildlife Code.

HB 318 (Miller) Identical

New Action:  SJR 16 (Ellis) Proposing a constitutional amendment relating to the dedication of the revenue received from the sporting goods tax02/06/2007- Referred to House Culture, Recreation and Tourism Committee.

HB 446 (Flores) SUPPORT:  would repeal the law enacted in 1993 which capped the amount of sporting goods taxes given to Parks & Wildlife to 27 Million/year.

 

7. IMMIGRATION

Linda Hanratty (Tarrant County)

llswenson@yahoo.com

After years of legislative inactivity, the 80th Texas Legislative session has a number of bills on this now hot issue.  These are all pre-filed bills since the Legislature is just beginning its work. 

HB 28 (Berman) OPPOSE: Would exclude state services to children born in this state after this law goes into effect whose parents are not citizens or nationals of the U.S. and have entered the U.S. without inspection and authorization of an immigration officer (illegal aliens).  This would cover benefits provided by the state or a political subdivision of the state including a grant, contract, load, professional license, or commercial license, employment, retirement, public assistance, health care benefits, public housing, instruction in primary or secondary education, instruction from a public institutional of higher education, and unemployment benefits.  The League supports education, housing, and emergency care for immigrants.  All children born in this state are given the option of American citizenship with all its benefits.  This bill seeks to remove those benefits. Referred to House State Affairs Committee on 01/29/2007

HRC 11 (Solomon) SUPPORT: Would direct the Office of the Attorney General of Texas to pursue all available remedies, including, but not limited to initiating a lawsuit or joining other states in a suit against the United States Attorney General, to demand the enforcement of all existing federal immigration laws by the federal government and to recover any money owed Texas by the federal government for costs incurred by the state in dealing with illegal immigration.  The League supports economic assistance to those areas of the state disproportionately impacted by immigration.  This funding should come primarily from federal, state, and private sources.  New action:  This bill was referred to the House State Affairs Committee.

SB 151 (Shapleigh) SUPPORT: would prohibit discrimination relating to immigration status or nationality of a person needing or receiving emergency medical care. The League supports state funding for emergency health care (including obstetrical delivery). Referred to Transportation & Homeland Sec. Committee on 1-29-07. 

At his January 25, 2007, annual legislative luncheon, Lt. Gov. David Dewhurst clarified his position on immigration. “While border control is a federal obligation, it is up to the state to do what it can to supplement federal support. Still, the Bush Administration is not currently solving problems related to the porous border, drug and people smuggling, and upsets at security checkpoints. Thus, state leaders are working to develop viable solutions within their limited means.”

 

8. AIR QUALITY

Laura Blackburn (Houston)

Laura2blackburn@earthlink.net

We are fortunate to be building on work from the last session with regard to air quality.  With the current emphasis on the State Implementation Plan (SIP), particularly in those areas that are not meeting the SIP, I expect air quality to be much more of an issue in the 80th Session.  Furthermore, much interest has been generated about the 17 proposed coal-fired power plants in Texas, so I expect several bills (and much grandstanding—by both sides) to deal with that issue.  The bills that have been introduced so far are: 

New Action:  SB 93 (Gallegos) SUPPORT is essentially the same bill that Senator Gallegos introduced in the 79th Legislative Session.  This bill provides for fence-line monitoring, studies of health effects of highly reactive volatile organic compounds (HRVOCs), setting effects screening levels (ESLs) for air contaminants at a level that does not increase the risk of cancer in a person exposed to the air contaminant by greater than one chance in 100,000 and requires the Texas Commission on Environmental Quality (TCEQ) to assemble an independent panel to review the commission’s ESLs and to recommend standards relating thereto.  This would be a significant step forward for Texas. Referred to Natural Resources Committee. 

New Action: HB 547 (Farrar) SUPPORT is the companion bill to SB 93 by Gallegos. Referred to House Committee on Environmental Regulation.

HB 440 (Hernandez) SUPPORT is similar to SB 93 by Gallegos except the ESLs are to be set at a level that does not increase the risk of cancer in a person exposed to the air contaminant by greater than one chance in one million. 

SB 124 (Ellis) SUPPORT requires the state of Texas to adopt “Phase II of the California Low-Emission Vehicle Program” beginning with 2009 models.  This bill has the support of many mayors (particularly those in non-attainment areas) and is allowed under the federal Clean Air Act.

HB 344 (Strama) SUPPORT is a companion bill to SB 124 by Ellis that requires the TCEQ to adopt the California vehicle standards.

New Action:  HB 548 (Farrar) SUPPORT is the companion bill to SB 124 by Ellis.  Referred to House Committee on Environmental Regulation. 

NEW BILLS:

HB 1251 (Bonnen) SUPPORT requires that not only should a pre-construction permit be reviewed every ten years, it must also be reviewed during a permit amendment. 

SB 529 (Watson) SUPPORT provides monies to repair and replace polluting school buses.

 

9. CAMPAIGN FINANCE REFORM

Maxine Barkan (Austin)

MLBarkan@aol.com

Campaign Finance Reform is part of five issues called MAKING DEMOCRACY WORK:  A Texas Agenda. A group of statewide organizations including the League, Common Cause, Texans for Public Justice, Public Citizen, Baptist Christian Life Commission, and Gray Panthers have agreed to advocate for these issues. The Campaign Finance Reform part of the Agenda includes:

  • Placing a $100,000 Aggregate Limit on Individual Contributions
  • Closing the Revolving Door Between the Legislature and the Lobby

HB 110 (Strama, Co-Sponsor Villarreal) SUPPORT under the Texas Fairness Act, would limit contributions from an individual in an election cycle to candidates in several categories: (1) for statewide offices including the executive branch, $2,000; state senator, $1,000; state representative $500; State Board of Education, $1,500. Strama’s bill would also prohibit repayment of loans or extensions of credit from campaign funds, an issue the League has advocated for a number of sessions. HB 110 would also address expenditure limits by candidates with voluntary compliance. The U. S. Supreme Court has said that mandatory limits on expenditures are subject to the freedom of speech amendment.

HB 111 (Villarreal, Co-Sponsor Strama) SUPPORT referred to as the “Clean Elections Act.” Both Reps. Villarreal and Strama introduced this same bill in the last session that did not make it out of committee.

HB 111 would limit individual contributions to a candidate, officeholder, or political committee in an election cycle to $100,000. Recipients of the contributions would be required to return any funds above that amount to the donor.  Both bills would restrict minors from making contributions that presumably would have been collected by adults in the name of the minor. Villarreal puts a limit of $5,000 on such contributions.

SB 250 (Ellis) SUPPORT is the Senate version of HB 111 filed by Rep. Michael Villarreal that was reported in LNL #19.1. Sen. Ellis’s bill would limit in the aggregate up to $100,000 in an election cycle, an election cycle defined as beginning January 1 of an odd-numbered year and ending on December 31 of an even-numbered year. In addition, a contribution from a child younger than 18 years of age, would be considered a contribution by the individual. This provision is to ensure that adults are not using children to circumvent the intent of the legislation.

HB 647 (McCall) SUPPORT would close a loophole of political contributions during special sessions of the legislature. When the governor calls a special legislative session from the call to final adjournment, an individual may not make a contribution to a statewide officeholder, member of the legislature or a specific-purpose committee to support or oppose the lawmaker. After three sessions in the 79th session, this provision would make eminent sense for regulating contributions that could influence pending legislation.

SB 83 (Hinojosa) SUPPORT covers a number of reforms in the areas of communications and campaign advertising, issues that have come before the Legislature many times. In brief, the bill addresses the definition of coordinated expenditures in which expenditures can be made by a candidate, officeholder, or political committee from a contribution that the candidate has agreed to. Candidates would not be able to say they were unaware of these expenditures that usually are made for advertising, mail outs, phone banks and are often negative in tone. The time frame in what constitutes electioneering communications, such as mass mailings or telephone banks would be considered to be on or after the 60th day before the general, special, or run-off election or after the 30th day of the primary and targeted to the candidate’s electorate.

HB 602 (D. Howard) SUPPORT would require a two-year period before accepting employment as a lobbyist. The legislature meets every other year, so a one-year period would be ineffective. The require-ment would require former legislators not be employed by or appointed to a department, commission, board, or other agency in the executive, legislative, judicial branch of state government, or be employed by an entity that is regulated by a department, commission, or board for a two-year period. If passed, this would reduce significantly the influence on former legislators from their former colleagues. This bill addresses the issue of the revolving door in which legislators can immediately become lobbyists after leaving office. 

NEW: 

Five bills have been filed that address reporting of gifts given to public officials. Texas law requires reporting of all gifts over $250 in value. The public was made aware last summer that a donor, through a second party, gave two checks totaling $100,000 to a public official that was disclosed as a “check” without a description of the gift. Rep. Lon Burnam led a group including LWVTX to ask for an Advisory Opinion from the Texas Ethics Commission (TEC) as to the legality of the transaction. The TEC in response indicated the law was vague and unenforceable and suggested the Legislature enact measures that would require such information. Other legal opinions were that the current law is enforceable if TEC would do so. Thus, some legislators have filed bills with specifics.  

HB 158 (Naishtat, Co-Sponsor Hill) SUPPORT would require an individual when reporting include in the description of a gift  a statement of the fair market value of the gift.

HB 64 (Leibowitz) SUPPORT is the same as Rep. Naishtat’s bill.

HB 72 (Hill, Co-Sponsor Naishtat) SUPPORT has relatively the same provision with the addition that it be a cash or cash equivalent such as negotiable instrument or gift certificate.

HB 255 (Smith) SUPPORT and HB 393 (Menendez) SUPPORT are similar to HB 72. HB 393 also provides for a civil penalty for failure to correctly report a gift. 

Other bills on a variety of issues relating to campaign finance reform have been filed.

HB 421 (Shapleigh) SUPPORT includes language that would include rather than indicate that express political advertising the authorization of the candidate, identifying the candidate and stipulates that advertising through electronic media have a statement that identifies the candidate and that the candidate approves the communication. This measure would make public the ads that often are not identified or may not have the authorization of the candidate.

SB 64 (Zaffirini) (SUPPORT) would require general-purpose committees to file additional reports from the ninth day before an election until the second day before an election if the contributions exceed $1,000. This provision would curtain the “late train” donations before an election.

HB 1085 (T. Smith) SUPPORT is the same as SB 83(Hinojosa) reported in LNL #19.2.  

All the foregoing bills have been referred to the Elections Committee that, at this writing, will have its organizational meeting February 14. It is anticipated that bills that are similar in nature may be consolidated as the session progresses.

 

10. CAPITAL PUNISHMENT

Gloria Suarez Sasser (San Marcos

gloriasasser@sbcglobal.net

The bills filed deal with a range of capital punishment issues from abolition to clemency.  The Legislature has the opportunity to comply with the United States Supreme Court in the issue of mental retardation and capital punishment.  A bill calling for abolition of the death penalty, allows us to use our national position.  The bill concerning the Board of Pardons and Parole is also welcomed, as it will provide accountability in clemency cases. 

SB249 (Ellis) Support relates to the restriction of the execution of the mentally retarded convicted of a capital offense and establishes pretrial determination of mental retardation.  If either the judge or jury finds the defendant to be mentally retarded at the time of the offense and is convicted of the offense the sentencing option would be life without parole.  A jury would not be informed that a judge or jury had determined that a defendant was not a person with mental retardation.  The bill also calls for an appeal process to be given priority to review the appeal under this article over other cases before the court.   Bill filed on January 19, 2007.  Was referred to the Senate Criminal Justice Committee on January 30, 2007.

SB208 (Ellis) Support relates to the hearing of the Board of Pardons and Parole regarding clemency matters.  The bill calls for the presiding officer of the board to publicly announce each member’s decision regarding whether to recommend clemency and that each member shall sign the member’s name with the member’s written recommendation and reasons, if any, for the recommendation.  Bill filed on January 11, 2007.

New Action: HB745 (Dutton) Support calls for the abolition of the death penalty.  The change in law would only apply to an offense committed on or after the effective date of the act. Any offense committed prior to the effective date would be subjected to the law in effect when the offense was committed.  Bill filed on January 24, 2007.  Was referred to the House Criminal Jurisprudence Committee on February 7, 2007.

New Action: HRJ23 (Naishtat) Support calls for a moratorium on the execution of persons convicted of a capital offense.  The bill would grant the governor the power to issue an order to prohibit the Department of Criminal Justice from performing executions on or after the effective date and until the order is revoked.  In addition we would like to see added to this bill a study of the capital punishment system conducted by the state.  Referred to the House Criminal Jurisprudence Committee on February 6, 2007. 

NEW BILLS: 

SJR21 (Shapeleigh) Support is the companion resolution to HJR 23 calling for a moratorium on executions of person convicted of a capital offense.  The joint resolutions, if passed in both houses, would require that the issue be placed on the November 2007 ballot.  This bill was filed on February 2, 2007.

HB 809 (Dutton) Support calls for the creation of the Texas Capital Punishment Commission that would study capital punishment in this state. The commission would concentrate particularly on issues of legal representation, certainty of guilt, and the sufficiency of appellate review of convictions in capital cases. The bill calls for the establishment of a moratorium.   This bill was introduced on January 24, 2007 and was referred to the House Criminal Jurisprudence committee on February 7, 2007.

 

11. HEALTH CARE FOR OLDER TEXANS

Maria Johnson (Austin Area)

mmjohnson6@hotmail.com

New:

Several bills have been filed to increase the personal needs allowance for persons in nursing home care

Currently in the House Appropriations are the following bills: 

HB 52 (Chavez) SUPPORT: and

HB69 (Leibowitz) SUPPORT:  both  increase the personal needs allowance to $60 a month. 

HB 446 (Thompson, Senfornia) SUPPORT and companion bill

SB 427 (Royce) that increases the allowance to $75 a month.

 

12. CHILDREN'S HEALTH INSURANCE PROGRAM (CHIP)

Julia Marsden (Austin Area)

jmars80278@aol.com

Texas has the nation’s highest rate of uninsured children, with one in five kids lacking coverage. The cure – cut the number of uninsured Texas kids in half by enrolling every eligible child in CHIP and Medicaid. 

LWV-TX is a member of the CHIP Coalition and the Insure Texas Kids Campaign. As a member we will be working to help bring about The Cure.  The Coalition will work to:

  • Implement 12 months continuous eligibility for CHIP and Children’s Medicaid.
  • Eliminate bureaucratic roadblocks to encourage personal responsibility and help low income families achieve self-sufficiency:

a.       Fix problems with the Integrated Eligibility System to prevent eligible kids from losing CHIP and Medicaid coverage.

b.       Eliminate the CHIP asset test.

c.       Eliminate the CHIP 90 day waiting period for uninsured children.

d.       Deduct childcare and child support expenses when calculating income for CHIP.

·         Provide adequate reimbursement for Medicaid and CHIP providers.

·         Invest in outreach and education to ensure that all eligible children get the care that they       

      need.

The next Legislative Newsletter article will review uninsured children in Texas and will bring you appropriation and proposed bill information.

 

13. CHILD CARE

Marlene Lobberecht (Houston Area)

marlene@lobberecht.com

The following Child Care Priorities vary in priority order from the Texas Early Childhood Education Coalition (TECEC): 

1.       Support Early Childhood Education Professional Development- Improve the recruitment, retention, training and quality of early childhood professionals. Professional development would indirectly impact the fundamental education foundation and improve quality care to all children in state licensed or regulated programs. The quality of the program is directly correlated to the quality of the childcare provider/professional teaching and caring for the children.

SB 50 (Zaffirini) SUPPORT it addresses this issue completely.  

2.       Expand Access to Voluntary High Quality Pre-kindergarten.

3.       Improve Safety and Quality of Care for Infants and Toddlers through Workforce Development Provider Reimbursements.

Research demonstrates a strong relationship between the education, experience, and compensation of early childhood education (ECE) teachers and the quality of teaching and care in early learning programs. Despite this evidence, ECE teachers and aides remain poorly paid, lack incentives, face barriers to pursuing professional development and higher education opportunities. Childcare centers are often staffed by inadequately trained individuals and experience high turnover rates undermining quality care. The ECE industry is the eighth largest employer in Texas. Support Early Childhood Education Professional Development legislation.

 

14. EQUAL OPPORTUNITY

Jensie Madden (Comal Area)

j-dmadden@worldnett.att.net

The priorities for this legislative session are to support policies that improve the economic well-being of families in poverty, to support programs that provide job training for living-wage jobs, and to support equal educational opportunities from preschool to higher education. Several bills have been introduced to increase the minimum wage in Texas, which would help low-income Texans become more self-sufficient. In addition, we will be working with other LWV-TX program chairs to increase state funding of Medicaid, CHIP, and subsidized child care, all of which provide necessary supports for working families who do not make a living wage in Texas.    

SB 168 (Ellis) SUPPORT, would continue a current law which uses fees collected from members of the State Bar of Texas to provide legal services to the indigent.

 

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