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Deanna Frisk, Advocacy Director Brandon Spenrath, EditorDeanna@cscusa.biz bspenrath@lwvtexas.orgWelcome 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 March 12th. Published March 16th.
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1. ENERGY ISSUESSusan Barrick (Lubbock)susanbarrick@sbcglobal.netLWV-TX lobbies on energy issues based on these LWVUS positions: · Promote an environment beneficial to life through the protection and wise management of natural resources in the public interest by recognizing the interrelationship of air quality, energy, land use, waste management and water resources.
·
Promote resource conservation, stewardship and long-range
planning with the responsibility for managing natural resources shared by
all levels of government. · Promote public understanding and participation in decision-making, as essential elements of responsible and responsive management of our natural resources. HB 230 SUPPORT Would permit insurance
companies to discount premiums on energy-efficient buildings. 2. JUDICIAL SELECTIONMaxine Barkan (Austin)MLBarkan@aol.comSB 806 (Duncan) That would provide for a nonpartisan election for the retention or rejection of justices for the appellate courts and other judges from the district courts to criminal and family district judges. This is similar to the bill filed last session. Rep. Myra Crownover plans to file a House bill with similar provisions. The language of the bill will have to be evaluated to determine if the League can support the entire bill, or ask for some modifications to meet our position as it moves through the process. The bill has not yet been assigned a committee. 3. CHILD CAREMarlene Lobberecht (Houston Area)marlene@lobberecht.comThe 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. New Bills and Information:Child Care
Appropriations: Child Care
Assistance for families on Temporary Assistance for Needy Families
(TANF) or transitioning off of TANF has been
cut by $275 million over the biennium. The decrease is in anticipation of
fewer families being eligible for TANF given stricter policy changes made
last session (work requirements, full family sanctions). The Texas Workforce
Commission translates this to serving 12,000 fewer children each year
through the TANF Choices program. In Governor Perry’s budget, he has included an $80 million increase in funding to expand pre-kindergarten programs. We are hoping with strong public and legislative support to avoid drastic cuts to Texas pre-kindergarten programs. This contradicts the draft Legislative Budget Board budget bill prepared for the Legislature. The bill includes a $20 million cut to the pre-kindergarten expansion grants program and a $1.5 million cut to the Texas Early Education Model (TEEM) pre-kindergarten project over the next two years. HB 135 (Rep.Villarreal) SUPPORT Early Childhood Education: Would limit the size of public prekindergarten classes to 22 students. HB 164 (Rep. Raymond) SUPPORT Child Care After-School Program Grants This bill recommends that the education commissioner make grants to school districts for use in operating one or more after-school childcare programs for K-8 students. Priority is given to districts located in counties with populations of less than 500,000 and wherein a majority of students are from low-income families. The grant can be used to operate at one or more schools in which a significant number of enrolled students are from low income families. HB 332 (Rep. Chisum, Rep. Swinford) OPPOSE Child Care Legislation: Exemptions from childcare licensing requirements. This bill describes characteristics of organizations and entities that childcare licensing exemptions DO NOT apply to. Examples include any state operated facility, an agency foster home, a youth camp, and a facility operated in or connected with a shopping center, business, religious organization or establishment where children are cared for during short periods when parents are engaged in other activities. HB 406 (Rep. Hartnet) OPPOSE Relates to license requirements for preschool and after-school programs operated by public or private schools. This bill, similar to HB 332, describes characteristics of organizations and entities that childcare licensing exemptions DO NOT apply to. Examples include any state operated facility, an agency foster home, a youth camp, and a facility operated in or connected with a shopping center, business, religious organization or establishment where children are cared for during short periods when parents are engaged in other activities. HB 482 (Rep.Villarreal) SUPPORT Would allow children to remain in public pre-kindergarten after they have been adopted from foster care. SB 50 (omnibus) SUPPORT This comprehensive bill seeks to expand pre-k services through the TEEM model, increase reimbursement rates paid to child care providers, and improve the recruitment, retention, and quality of early childhood professionals, while establishing the field as a multi-level career path. SB113 (Sen. Van de Putte) SUPPORT Relates to the eligibility of children for pre-k. This bill proposes that a child is eligible to enroll in a pre-k class if the child is at least 3 years of age and is unable to speak and comprehend the English language, is educationally disadvantaged, homeless, the child of an active duty member of the armed forces, and/or in foster care. Further, if a child’s foster care status changes while enrolled, the child may remain eligible for pre-k
4. EQUAL OPPORTUNITY/INCOME ASSISTANCEJensie Madden (Comal Area)j-dmadden@worldnet.att.netThe 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.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.
5. RECORDED VOTESLinda Camin (Dallas)lrcamin@tx.rr.comWe’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.”
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 Marc Veasey, (D)-Fort Worth Corbin Van Arsdale, (R)-Tomball
6. REDISTRICTINGNancy Wilsonwilson972@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.
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. 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 31 (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.) New Information: Maxine Barkan (Austin) (For Nancy Wilson) To follow up on Redistricting as reported in LNL #3, Rep. Joe Crabb, chair of the House Redistricting Committee, will set a date for a hearing when all the bills in the House are coordinated into one meeting. He has discussed this with Rep. Strama, so we may look forward to a hearing soon. Additionally, it is assumed that Rep. Allan Ritter’s bill HJR 31 that would limit the time legislators could modify districts will also be heard at the same time.
7. REPRODUCTIVE CHOICE/WOMEN'S HEALTHJulie Lowenberg (Dallas)jmlowenberg@sbcglobal.netGreat 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 held public hearings on February 19, 2007, to preempt the executive order. The committee heard House Representative Dennis Bonnen on HB1098, relating to prohibiting HPV vaccine a condition for admission to school. The committee also heard House Representative Joe Deshotel on HB 1379. Support this bill to establish educational programs about the HPV vaccine. New Information on the hearing: HPV vaccine update: The controversy continues over Governor Perry’s executive order mandating that all sixth grade girls receive the vaccine, recently approved by the FDA, against the sexually transmitted infection HPV. On February 21, the House Public Health Committee approved, by a 6-3 vote, HB 1098 (Bonnen) – OPPOSE that would preempt the executive order. Committee members who voted against HB 1098 argued that the bill doesn’t just override the executive order – but makes it difficult for the legislature to institute a similar vaccination requirement. Rep. Gonzales (D-McAllen) stated: “I have been and I continue to be a strong proponent of this vaccine.” LWV-Texas agrees with that view. Those who voted favorably on HB 1098 expressed a range of reasons for opposing the executive order: that the vaccine has not been sufficiently tested for efficacy and long-term side effects; that it is inappropriate to force young girls to get vaccinated for a disease only spread by sexual contact; and that the governor had no authority to issue the executive order. New Information: The House Public Health Committee has also voted favorably on HB 1379 (Deshotel) – SUPPORT that would require the State Health Department to produce and distribute informational materials regarding the effectiveness, availability and contraindications of the HPV vaccine and informational materials about HPV virus and its transmission and the continuing need for women to undergo pap smear testing even if they have been vaccinated against the virus. 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) 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. 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 costs about $360, which is covered by most insurance companies. 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:
New Bills Filed:
OPPOSE:
New Bill Filed:
8. WATER RECOURCESJulia Marsden (Austin)jmars80278@aol.comLWV-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:
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. New Bills and Information: Three major water resources bills have been filed. This 2007 session could be another milestone affecting our state water resources. HB 3 (Puente) SUPPORT relates to the management of the water resources of the state, including the protection of instream flows and freshwater inflows and would provide for the creation of a basin-by-basin process for developing recommendations to meet instream needs as well as freshwater inflows to affected bays and estuaries. Through this process TCEQ would adopt recommendations in the form of environmental flow standards. The adopted flow standards would be utilized in the decision-making process for new water right applications and in establishing an amount of unappropriated water, if available, to be set aside for the environment. HB3 would create the Environmental Flows Advisory Group to oversee this process. The group would conduct hearings and study public policy implications for balancing the demand on water resources of the state resulting from a growing population, with the requirements of the state’s rivers and bay systems. HB 3 was filed February 1, read for the fist time on February 5 and heard in committee on February 14. A committee substitute was favorably considered and reported on February 21, printed and distributed and sent to Calendars on February 26. It was considered in Calendars on February 26 and placed on the Emergency calendar on February 28. It received preliminary approval on 2/28. It is expected to be on the house floor for consideration soon. Everyone is excited and this means that it should go to the Senate soon. HB 4 (Puente) SUPPORT relates to water conservation and would find that voluntary land stewardship enhances the efficiency and effectiveness of the state’s watersheds by helping to increase surface water and groundwater supplies, resulting in a benefit to the natural resources of the state and to the general public and, among other things, would implement the 2003-04 Water Conservation Advisory Council recommendations. These would include a statewide campaign awareness campaign on water known as the Water IQ campaign. A number of these recommendations have also been included in SB 3. The bill was read for the first time on February 13 and assigned to house Natural Resources.
9. LAND USE & FUNDING FOR STATE PARKSDeanna Frisk (Comal Area)deanna@cscusa.bizPriorities are to give counties more authority over land use to help solve water problems and to support more funding for state parks. HB 6 (Hilderbran) SUPPORT: will credit to Parks & Wildlife all revenue, less allowable costs, received from the following sources. Referred to: House Culture, Recreation and Tourism Committee. New Action: Hearing on 2-20. The League Signed in as Supporting. The bill was left pending without objection. SB 252 Companion Bill
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. New Action: Referred to Senate Finance Committee on 2-21. HB 318 (Miller) Identical HJR 71 (Hilderbran) SUPPORT: Proposing a constitutional amendment relating to the dedication of the revenue received from the sporting goods tax. On 02/06/2007- Referred to House Culture, Recreation and Tourism Committee.HB 466 (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. New Action: Referred to House Culture, Recreation and Tourism Committee. NEW BILL: SJR 16 (Ellis) SUPPORT: Proposes a constitutional amendment relating to the dedication of the revenue received from the sporting goods tax. Referred to Senate Finance on 2-21.
10. IMMIGRATIONLinda Hanratty (Tarrant County)llswenson@yahoo.comAfter 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. 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.” New Bill HB 904 (Zedler) OPPOSE would prohibit the construction or operation by a local governmental entity of a day labor center used to facilitate the employment of aliens not lawfully present in the United States. The League believes the state should support job training and placement for immigrants. The “day labor centers” serve as a central facility or location at which day labors assemble to find employment. The bill was filed on January 26, 2007, and referred to the House State Affairs Committee on February 8, 2007.
11. AIR QUALITYLaura Blackburn (Houston)Laura2blackburn@earthlink.netWe 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: 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. 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. New Action: Referred to House Committee on Environmental Regulation on February 5. NEW BILLS: SB 12 (Averitt) SUPPORT updates the Texas Emissions Reduction Plan (TERP) and the Low-Income Vehicle Repair Assistance Program (LIRAP.) This legislation broadens the TERP-eligible projects and extends the TERP deadline to 2013. The LIRAP improvements include an increase in the income eligibility level-from 200% of the federal poverty level to 300%, an increase in the reimbursements for the replacement of old, heavily-polluting vehicles and the purchase of hybrids. It increases the replacement amount from $1,000 to $2,500 with an additional $1,000 for the purchase of a hybrid. The bill also has some energy-efficiency standards. It was filed on February 15, referred to the Senate Natural Resources Committee on February 26, and is set for hearing on March 1. LWV-TX will present comments. As Senator Averitt is chairman of the committee, we anticipate that it will be referred to the full Senate soon. 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: Referred to House Committee on Environmental Regulation on January 31. HB 548 (Farrar) SUPPORT is the companion bill to SB 124 by Ellis. Referred to House Committee on Environmental Regulation. 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. New Action: Referred to House Committee on Environmental Regulation on February 13. SB 529 (Watson) SUPPORT provides monies to repair and replace polluting school buses. New Action: Referred to House Committee on Environmental Regulation on February 13.
12. CAMPAIGN FINANCE REFORMMaxine Barkan (Austin)MLBarkan@aol.comCampaign 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:
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. New Information: The House Elections Committee heard this bill on February 21st. The League signed an affidavit in favor of the bill but did not speak. Also in favor was a lobby representative from the Professional Advocacy Association of Texas. He noted that public trust needs to be restored for both lobbyists and legislators. Rep. Lon Burnam was concerned about the length of time from the date a special session would be called by the governor to date the session would start. He was worried about the ability to raise funds if there was a long lag between the call and the start of the session. However, the bill seems like a no-brainer. It was left pending in committee. 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 requirement would apply to former legislators not be employed 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. 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 LWV-TX 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. All the foregoing bills have been referred to the Elections Committee: 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 curtail the “late train” donations before an election. New Action: Scheduled to be heard by the Senate State Affairs Committee February 26, 2007. The League will signed in favor. 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 1085 (T. Smith) SUPPORT is the same as SB 83(Hinojosa). New Bill: SB 424 (Shapleigh) SUPPORT addresses the issue of concerning members of the governor’s executive staff becoming lobbyists when leaving that employment. Before the first anniversary of the date the person’s employment by the governor ends, that person may not become a registered lobbyist. These are staff that has been involved in formulating policy, testifying before the legislature, or supervising other employees who perform similar job. Obviously, such former staff members could influence public policy based on their former activities.
13. CAPITAL PUNISHMENTGloria Suarez-Sasser (San Marcos)gloriasasser@sbcglobal.netThe 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 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. None of these bills has a hearing scheduled yet. 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. Referred to Senate Criminal Justice Committee on Jan. 30, 2007. 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. HJR23 (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. 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. Referred to Senate Criminal Justice Committee on Feb. 21, 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.
14. ELECTION LAWSBarbara Weinstein (Dallas)gewwendt@swbell.netLWV-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)
· No Excuse Early Voting by Mail
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. New Bills and Information: On Wednesday, February 21st we signed in at the House Elections Committee in support of two bills. HB 186 (Hochberg) SUPPORT Relating to the regular procedure for not accepting voters. This adds written criteria to give back to the voter to tell them why they are not accepted to vote. This bill was left Pending. and HB 385 (Kolkhorst) SUPPORT Relating to the use of direct recording electronic voting machines. This is good as far as it goes. It allows for a voter-verified permanent paper record suitable for audit. However, the funding for this addition is not addressed. This bill was left pending. On Wednesday February 28th we signed in at the House Elections Committee in support of two bills. HB 265 (Anchia) SUPPORT Relating to the registration of voters at a polling place and related procedures and HB 266 (Anchia) SUPPORT Relating to the designation of certain election days as state holidays. Also at the February 28th House Elections Committee we presented testimony in opposition to three bills. HB 101 (Riddle/et al) OPPOSE Relating to the procedures for registering to vote and accepting a voter at a polling place. HB 218 (Brown) OPPOSE Relating to requiring a voter to present proof of identification. HB 626 (King) OPPOSE Relating to the procedures for registering to vote and accepting a voter at a polling place. All of these bills are varying degrees of Voter ID and we oppose Voter ID. At the Senate State Affairs Public Hearing on Monday 2/26 we signed in favor of SB 90 (Van De Putte et/al) SUPPORT Relating to the establishment of a pilot program to provide a ballot by electronic mail to military personnel serving overseas. At the House Corrections Public Hearing on Monday 2/26 we signed in in favor of HB 768 (Dutton) SUPPORT Relating to requiring the Texas Department of Criminal Justice to provide notice to certain persons of the right to vote.
15. HEALTH CARE FOR OLDER TEXANSMaria Johnson (Austin)mmjohnson6@hotmail.comSeveral bills have been filed to increase the personal needs allowance for persons in nursing home care. Currently in House Appropriations Committee are the following bills: HB 52 (Chavez) SUPPORT: and HB69 (Leibowitz) SUPPORT: both increase the personal needs allowance to $60/month. HB 446 (Thompson, Senfornia) SUPPORT and companion bill SB 427 (ROYCE) that increases the allowance to $75 a month.
16. CHILDREN'S HEALTH INSURANCE PROGRAM (CHIP)Julia Marsden (Austin)jmars80278@aol.comTexas 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:
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. New Bills and Information: House Human Services Committee held a hearing Thursday, March 1 on a long list of bills related to CHIP eligibility and the eligibility coverage period and the administration of the children’s health insurance program. HB 109(Turner), HB 171 (Raymond), HB 669 (Coleman), HB 701 (Gonzalez), HB 704 (Herrero), HB 710 (Ortiz), HB 714 (Farrar), HB 715(Castro), HB 718 (Leibowitz), HB 720 (Bolton), HB 725 (Hopson), HB 729 (Dunnam), HB 737 (Farias), HB 739 (Hernandez), HB 816 (Burnan, HB 817 (Eiland), HB 821 (Menendez), HB 822 (Villarreal), HB 824 (Heflin, HB 852 (Olivo), HB 1095 (Miles), HB 1119 (Lucio), HB 1162 (Gallego), HB 1220 (Cohen), HB 1261 (Martinez) and companion SB 81 (VandePutte), HB 2049 (Davis), SB 67 (Averitt), and SB 337 (Ellis) all address asset tests, 12-month continuous eligibility, application of the 90 day waiting period, and or administration of the program. The state needs a CHIP restoration bill and LWV-TX will support any or all bills that:
SB 266 (Zaffirini) SUPPORT would extend the 12 month coverage for children’s Medicaid. To date this is the only bill that would accomplish this and needs strong support. HB 740 (Naishtat) SUPPORT and HB 1051 (Naishtat)/SB 693 (Uresti) SUPPORT would fix the broken eligibility system and problems with the private contractor. Policy changes will not address these problems. HB 740 would amend the Health and Safety Code and would require the Health and Human Services commission to develop eligibility screening and enrollment procedures that would automatically enroll eligible children in the children’s Medicaid program, using a consolidated application and address what should be a seamless process for moving from one program to the other. HB 1051 addresses performance standards for processing time, eligibility determination for CHIP and Medicaid, and training and staffing of those processing applications. #####
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