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Deanna Frisk, Advocacy Director
Brandon Spenrath, Editor
www.lwvtexas.org
Welcome to the 2007 Legislative Newsletter.
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 26.
Published March 30.
Do you know
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IN THIS ISSUE:
New:
-
HEALTH CARE FOR OLDER TEXANS
-
CHILDREN'S HEALTH
INSURANCE PROGRAM (CHIP)-ACTION ALERT
-
CHILD CARE
-
ENERGY ISSUES
-
EQUAL OPPORTUNITY/INCOME ASSISTANCE
-
JUDICIAL SELECTION
-
RECORDED VOTES-ACTION ALERT
-
REDISTRICTING
-
REPRODUCTIVE CHOICE/WOMEN'S HEALTH
-
WATER RESOURCES
-
LAND USE & FUNDING FOR TEXAS PARKS
-
IMMIGRATION
-
AIR QUALITY
-
CAMPAIGN FINANCE REFORM
-
CAPITAL PUNISHMENT
-
ELECTION LAWS
CHILDREN'S HEALTH INSURANCE PROGRAM (CHIP) -
Julia Marsden
League members should
contact their representative between now and Monday morning and urge them to
support HB 109 when it comes up for debate on Monday, March
19.
BACKGROUND:
CSHB 109 by Turner, which was voted out of the House Human Services
Committee last Thursday on an 8-1 vote, will be heard on the House floor
this coming MONDAY, March 19. Representatives Sylvester Turner and John
Davis joined forces to submit a committee substitute for the 30 CHIP bills
that were heard in the Human Services committee. CSHB 109 achieves much of
the CHIP Coalition Agenda.
·
Children would renew coverage
annually instead of every six months
·
Income eligibility would allow
child-care expenses to be deducted when calculating income.
·
The current 90 day waiting
period for uninsured children would be eliminated, and Texas CHIP’s
original crowd-out policy would be reinstated.
·
The asset test was modified:
families would now be limited to $10,000 in assets (up from $5,000), and the
vehicle allowance was increased from $15,000 to $18,000 for the first
vehicle and $4,650 to $7,500 for the second vehicle.
Although the coalition
had wanted the asset test to be eliminated and sought additional income
deductions, we are pleased to see the bi-partisan support for the bill and
want it to be approved by the full House without being weakened.
RECORDED
VOTES - Linda Camin
The “Sun is Shining” a little brighter in
the Texas Legislature! During Sunshine Week (March 11-14) when the public’s
interest in open government is observed, the House Committee on State
Affairs voted out HB 83 (Branch) to require record votes by
each house on final passage of all bills and to publish the record votes on
the Internet; a companion bill, HJR 19 (Branch), proposes a
constitutional amendment with the same requirements. A thank you note to
Chairman David Swinford will help move the legislation forward. Our
Capitol Corp representative for Recorded Votes, Karen Rankin, did a
wonderful job of presenting League testimony at the hearing on March 5th.
STEP 1 has been
achieved. Now we need to get this bill voted on by the entire House of
Representatives. Please contact House Speaker Tom Craddick and the
members of the Calendars Committee and urge them to schedule a vote on HB 83
(Branch) and HJR 19 (Branch) as soon as possible. The League’s
preference is for HJR 19 (Branch) which proposes a constitutional
amendment. It appears that there are enough votes in the House to pass
legislation to routinely record votes, IF we can get it to the floor.
Members of the House can be contacted by email with:
firstname.lastname@house.state.tx.us; for example,
Beverly.Woolley@house.state.tx.us (one exception is
Corbin.Van_Arsdale@house.state.tx.us; note underscore between Van and
Arsdale; also, some emails will direct you to web sites where you can leave
an email message). All office numbers in Austin start with 512-463-____;
Speaker Craddick’s office number is 512-463-1000. Below are the names of the
Committee members and the last four numbers of their office telephones.
Speaker of the House,
Tom Craddick, who 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.”
Speaker Tom Craddick,
(R)-Midland -1000
Members of Calendars Committee:
Chair Beverly Woolley,
(R)-Houston - 0696
Vice Chair Norma
Chavez, (D)-El Paso - 0622
Dan Branch, (R)-Dallas
- 0367
Myra Crownover,
(R)-Denton -0582
Dawnna Dukes,
(D)-Austin -0506
Gary Elkins,
(D)-Houston -0722
Ryan Guillen, (D)- Rio
Grande City - 0416
Mike Hamilton,
(R)-Mauriceville -0412
Larry Taylor,
(R)-Friendswood - 0729
Sylvester Turner,
(D)-Houston - 0554
Corbin Van Arsdale,
(R)-Tomball – 0661
It is also time to get
the Senate moving. Please remind Chair of the Senate Committee on
Administration, Kim Brimer (R)-Fort Worth, that the Senate unanimously
passed a bill to record all votes last session and urge him to schedule a
Committee hearing as soon as possible (Chair Kim Brimer, 512-463-0110;
kim.brimer@senate.state.tx.us).
With the Legislature
only in session until May 28th, it is imperative that we help
keep this legislation moving. The media are doing their part; editorials and
articles on recorded votes have appeared in the Austin American Statesman,
Dallas Morning News, Midland Reporter-Telegram, and others we may not have
heard about. Legislators still need to hear the voices of voters. Thank you
for all you are doing.
Maria Johnson (Austin Area)
Several bills have been filed to increase the personal
needs allowance for persons in nursing home care.
Currently in the 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/month.
Julia Marsden (Austin Area)
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.
SUPPORT ALL OF THESE BILLS:
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:
- Provide 12 month
continuous eligibility for CHIP
- Provide 12 months
continuous eligibility for children’s Medicaid
- Fix problems with
the Integrated Eligibility System for CHIP and children’s Medicaid
- Eliminate the CHIP
asset test
- Eliminate the CHIP
90 day delay of coverage for uninsured children in favor of the original
anti-crowd out policy
- Deduct child care
and child support expenses when calculating income for CHIP
- Provide adequate
reimbursement for Medicaid and CHIP providers
- Fund outreach and
education for children’s health insurance at 2002 levels
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.
Marlene Lobberecht (Houston Area)
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.
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 and 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.
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.
"At-risk" family childcare funding, those not on TANF, but likely to become
eligible without services, has increased by $317 million in the first draft
of the Appropriations Bill. With this level of funding, the waiting list for
childcare is still expected to climb by about 2,000 children.
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 (LBB) 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.
Susan Barrick (Lubbock)
LWV-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.
·
Preserve the physical,
chemical and biological integrity of the ecosystem, with maximum protection
of public health and environment.
·
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.
SB 658 SUPPORT Would set up a program to accredit buildings as
energy efficient.
HB 999 SUPPORT Would establish energy efficiency and conservation
standards for public school instructional facilities.
HB 231 SUPPORT Would prevent homeowners associations from excluding
renewable wind, solar, water and biomass energy generation technologies from
housing developments.
HB 1122 & SB 489 COMPANION SUPPORT Would establish efficiency
standards for certain new appliances sold in Texas.
HCR 43 SUPPORT Urges the director of the Texas Commission on
Environmental Quality to declare a 180-day moratorium on processing and
granting further operating permits for pulverized coal-fired power plants in
the state. Such a moratorium would relieve undue pressure on TCEQ and state
staff and afford citizens time to prepare for and participate effectively in
the siting process, which had been severely curtailed by the governor's
executive order to fast-track plant permits.
NEW BILLS:
HB 2713 (Bonnen & Hancock) SUPPORT This bill
was filed March 6. It would establish an interim special committee on
electric energy generation capacity and the environmental impact of
electrical generation. It would be composed of chairs of the House
Environmental Regulation, Energy Resources and Regulated Industries
committees, chairs of Senate Natural Resources and Business and Commerce
committees, four additional house members appointed by the speaker and five
additional members of the senate appointed by the Lt. Governor. This
committee would inventory existing electrical generation facilities and
study demand for generation capacity and availability of infrastructure
technology to plan for and meet demand for the next 25 years.
HB 270 (Anchia) SUPPORT This bill would impose a tax on the sale of
coal to be used in the state. Revenues from the tax would be directed toward
incentives for new energy technologies via the Texas emerging technology
fund.
Jensie Madden (Comal Area)
NEW INFORMATION:
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.
The House Economic Development Committee heard these
minimum wage bills on Feb 21, and all were left pending. 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) and companion bill HB 1406 (Flores) 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.
Both of these bills have been voted favorably from committee and await
action by the Senate and House Calendar Committees.
Maxine Barkan (Austin Area)
SB 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.
Linda Camin (Dallas)
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.
Nancy Wilson (Richardson)
“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.
If you
need further information on the League position, see the advocacy paper on
the LWV-TX website.
http://www.lwvtexas.org/PDF%20Files/Advocacy%20Paper-Redistricting.pdf
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.)
Maxine Barkan
(Austin) (For Nancy Wilson)
New Information & Bills:
The three bills already filed in the House on
redistricting have not yet be given a hearing date. According to the House
redistricting committee chair’s staff, Rep. Crabb, committee chair, has been
waiting for the March 9 deadline for filing bills before scheduling
hearings. Now that Rep. Rose has added to the list of House bills, we will
look forward to an early hearing.
HJR 31(Ritter)
SUPPORT Would limit the time
legislators could modify districts.
SB 1068 (Wentworth)
SUPPORT with essentially
the same provisions that were in the previous session’s proposal. The bill
would establish The Texas Redistricting Commission in the Government Code,
Chapter 307. It would provide for the legislative authority to adopt
redistricting plans for the election of members of the congressional House
of Representatives. The initial commission would consist of nine members:
two appointed by the majority of the Texas House of Representatives from the
political party with the most members, two with the second highest members
of a political party, two from the Senate from the political party with the
most members, two from the political party with the second highest number of
members, and one appointed by five members of the commission who would be
chair and non-voting. Further provisions account for representation from a
non-metropolitan statistical area, thus giving rural and semi-rural areas a
voice. Eligibility requirements for serving on the commission are also
outlined to make sure that it is as non-political as possible. Although
Sen.Wentworth was gathering supporters in the Senate, there is no official
list according to the Senator’s office.
SB 3777 (Rose)
SUPPORT Companion bill to SB 1068
Neither of the bills has been assigned to a
committee due to a backlog in the referral process.
Julie Lowenberg (Dallas)
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-TX 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 will also hear House Representative Joe Deshotel on HB 1379.
Support this bill
to establish educational programs about the HPV vaccine.
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-TX 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.
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.
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.
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.
- SB 815 (Hegar) –
SUPPORT – also relates to the
HPV vaccine and would require health benefit plan insurers to cover
expenses of vaccination against HPV.
- HB 2778 (Coleman)
–SUPPORT - would remove
from the so-called informed consent to abortion law enacted in 2003 the
required misinformation that having an abortion increases one’s risk of
getting breast cancer.
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.
requirements on physicians who provide care
to women for complications resulting from an abortion or attempted abortion.
-
SB 785
(Shapiro) and companion bill
HB 1750 (Morrison) – OPPOSE - would impose chilling reporting
requirements on courts that rule in judicial bypass proceedings for minors
seeking abortions, including how many bypasses each court grants and how
many it denies and the disposition of appeals in these cases; the reports
would be required to be made available to the public (though preserving
the anonymity of the minors), thus very likely exposing judges inclined to
grant the bypass to political pressure . The proposed law would also
require physicians who perform abortions to fill out detailed and
burdensome reports for each procedure.
NEW BILLS
FILED:
SUPPORT
Pregnancy prevention and sexuality education
-
SB 837 (Watson)/HB 1842 (Strama)
– companion
measures known as the Texas Prevention First Act, with the stated
goal of decreasing the number of unintended pregnancies and abortions in
Texas and reducing the incidence of sexually transmitted diseases. Texas
leads the country in the pregnancy rate of teens and one of every two
deliveries in Texas is paid for with public dollars. The cost of helping
women prevent unplanned pregnancies is a fraction of the cost of providing
government services to indigent women and their babies: A year of family
planning services costs $170 per woman, compared to $8500 for the first
year of a Medicaid-funded pregnancy.
The proposed law would
promote Texas' family planning program which
provides preventive health care to low-income women and their families;
ensure accurate and effective information in the sex education curriculum of
schools; and keep parents informed of the content of their child's sex
education and provide information on how to get involved in their local
schools.
-
HB 3165 (Farrar)
– would require those who receive state funds or other state assistance
for teaching or developing materials for human sexuality education to
provide medically accurate information in such instruction and materials.
“Medically accurate” is defined as “information supported by the weight of
peer-reviewed research conducted in compliance with accepted scientific
methods and recognized as accurate and objective by leading professional
organizations and agencies with relevant expertise.”
Regulation of alternative to abortion
providers and crisis pregnancy centers
-
SB 1174 (Ellis)/HB 2878
(Thompson) –
companion measures that would regulate “alternative to abortion”
organizations (described in Newsletter # 3) that were the recipients of $5
million of family planning funds earmarked to them (and diverted from
proven providers of family health and birth control) by the 2005
legislature. To date, these have received $1.7 million of state funds and
have served only 11 clients. The proposed regulations include: licensing
requirements and minimum standards of care, hygiene and professional
supervision and provides for withholding of state funds as well as fines
for noncompliance.
-
HB 2036 (Dutton)
also relates to
“alternative to abortion” organizations and seeks to ensure that each such
organization that directly or indirectly receives state funds provides
factual and medically accurate information to women seeking counseling or
information about pregnancy or abortion. These organizations would be
required to operate under the direction of a licensed clinician or
counselor and to provide prominently displayed written notice to clients
that the organization does not perform or refer women for abortions. A
complaint process would be established for alleged violations of the law
and offending organizations would be ineligible to receive state funding.
-
HB 2142 (Rodriguez)
would forbid an entity that is not properly
licensed as a health care provider and authorized by law to provide
pregnancy-related medical services from advertising that it provides such
services.
-
HB 2223 (Villarreal) –
similar in its
provisions to HB 2036,
is specifically directed at
“crisis pregnancy centers” and would require these facilities to notify
potential clients that they are not medical facilities, do not perform or
refer women for abortions, do not provide information on pregnancy
prevention and are not qualified to diagnose or accurately date pregnancy.
Emergency
contraception
- HB 2161 (Farrar)
– would require the Health Department to develop a standard information
form for sexual assault survivors that includes accurate and unbiased
information regarding emergency contraception (EC). Health facility
employees would also be required to verbally communicate information about
EC to sexual assault survivors, including advising survivors that they may
request a prescription for EC, and would be mandated to provide EC if
requested.
- HB 2886 (D.
Howard) – is an attempt to
ensure that use of contraceptives approved by the FDA, such as EC, are not
equated with illegal abortions by defining contraception as “any method of
preventing pregnancy approved by the FDA.” (Some anti-choice individuals
and groups allege that use of EC is tantamount to aborting a fetus.)
Access to abortion
- HB 3077
(Villarreal) – provides that an
adult who has had care, control and possession of a pregnant minor for the
preceding six months and who wishes to consent to an abortion on behalf of
the minor may give such consent by filing an application with a court that
has jurisdiction, thus expanding the options for a minor seeking a
judicial bypass of the parental consent requirement.
OPPOSE:
- SB 1807 (Brimer)
– companion bill to HB 311
(reported in LNL #2) that 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.)
- HB 1996 (Gonzalez
Toureilles) - providing that a
pharmacist may refuse for ethical or moral reasons to fill a prescription
if (s)he follows the policies established by the pharmacy to ensure that a
patient has reasonable access to a valid prescription at that pharmacy or
another. Since pharmacies are apparently not required to have policies
that ensure a patient reasonable access (though some of the larger
corporate chains do have such a policy), enactment of this measure could
leave some patients without recourse for getting prescriptions filled.
- HB 2609 (Hughes) -
another measure attempting to
preempt the governor’s authority regarding the HPV vaccine. This bill
provides that the governor may not require vaccination against HPV as a
condition for admission to any elementary or secondary school.
- HB 3212 (Zedler) – that would impose on physicians burdensome requirements regarding
confirmation that a person granting consent to a minor’s abortion is the
minor’s parent, managing conservator or legal guardian.
Julia Marsden (Austin Area)
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.
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.
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.
Deanna Frisk (Comal Area)
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 (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.
Hearing on 2-20. The League signed
in as Supporting. The bill was left pending without objection.
SB 252 SUPPORT
Companion Bill
NEW ACTION:
Referred to Senate Finance Committee
- grants or operation
of concessions in state parks or fishing piers
- publications on
state parks, state historic sites, or state scientific areas
- fines or penalties
received from violations of regulations
- 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. 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.
0n 2/06/2007-
Referred to House Culture,
Recreation and Tourism Committee NEW ACTION:
The League signed in as
Supporting at the
hearing. Still pending.
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.
Referred to House Culture,
Recreation and Tourism Committee.
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.
NEW BILLS
HB 3328 (Leibowitz)
SUPPORT Would give certain
counties land development authority. Would
require a subdivision to use a central water or wastewater system, have a
minimum fire suppression
system, require improvements to roadways serving a subdivision, require a
minimum amount of open
space or impose a limit on amount of impervious cover for recharge and
runoff purposes and have the
authority to impose impact fees on land within their boundaries.
This subchapter applies to each of the following counties where, at an election ordered and held by a
county commissioners court for that purpose, a majority of the qualified voters of that county vote to
approve the application of this Subchapter to their county: Bandera, Bexar, Blanco, Comal, Hays, Kendall,
Kerr, Medina, Travis, and Williamson.
HB 3447 (Rose) SUPPORT Would regulate land development in a county wholly or partly located in a
priority groundwater management area (PGMA) designated by the Texas Commission on Environmental
Quality, that contains territory from seven or more counties. The commissioners court of a county may
regulate, by order, the subdivision to use a water or wastewater system, have a minimum fire suppression
system, require improvements to all streets and roads, require a minimum amount of open space or impose
a limit on amount of impervious cover for recharge and runoff purposes, impose impact fees, prescribe the
density or number of residential units that can be built per acre of land, requiring buffer zones or adopting
other measures to minimize conflicts between incompatible land uses or adopt any other regulation necessary
to regulate or manage land development.
HB 3532 (Isett) SUPPORT Proceeds from the collection of the taxes imposed by on the sale, storage, or
use of sporting goods shall be credited to the Parks and Wildlife Department, and the comptroller shall deposit
the proceeds as specified by the legislature in a general appropriations act for the then-current state fiscal
biennium, to the following accounts:
1. The state parks account
2. The Texas recreation and parks account
3. The Texas parks and wildlife conservation and capital account
HB 3843 (Hilderbran) SUPPORT This applies only to general obligation bonds authorized that remain
unissuedas of August 31, 2007, to the extent that the proceeds of those bonds were intended to be allocated to the
Parks and Wildlife Department in accordance with the department's estimate of its construction, repair, and
equipment needs as communicated to and considered by the 77th Legislature. No later than August 31, 2009. The
authority shall issue all remaining unissued general obligation bonds authorized to the extent that the unissued bonds
were intended for the construction, repair, and equipment needs of the Parks and Wildlife Department. The
cumulative amount of bonds issued under this subsection may not exceed $46 million. Proceeds from the sale of bonds
under this subsection shall be credited to the Parks and Wildlife Department and spent by the department in accordance
with legislative appropriations.
HJR 104 (Hilderbran) SUPPORT
Proposing a constitutional amendment
authorizing the issuance of state general obligation bonds to provide
funding for the creation, improvement, and preservation of state parks and
other recreational, cultural, and historical sites and facilities.
Linda Hanratty (Tarrant County)
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 who are not citizens or nationals of the U.S. and who 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.”
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 job placement purpose 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.
Laura Blackburn (Houston)
Many air quality bills
have been filed the past couple of weeks due to the recent deadline for
filing new bills. We will report in this LNL on those that have been
referred to committee.
NEW ACTION:
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 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 presented comments in support of the bill. The Senate Natural
Resources Committee has adopted a rule that requires voting the week after a
bill is presented. SB 12
will, therefore be voted upon by the committee on
March 13. We expect the bill to pass.
NEW BILLS:
HB 1740 (Cohen)
SUPPORT requires that the TCEQ
cannot renew an existing permit if the facility is permitted to emit an air
contaminant that has the potential to produce adverse health effects or
odors and is listed on the commission’s air pollutant watch list for a
specified geographic area in which the facility is located. Filed 2/21/07
and referred to the House Environmental Regulation Committee on February 26,
2007.
HB 2143 (Rodriquez)
SUPPORT is entitled the “Texas
Global Warming Solutions Act,” and is similar to SB 945 by Senator Rodney
Ellis. Both bills would establish a baseline corresponding to the
greenhouse gas emissions released in 1990. Rules would then be adopted to
reduce current and future greenhouse gas emissions to that level by 2020 in
Rodriquez’ bill and 2021 in Ellis’ bill. Both bills require a plan for
achieving the “maximum technologically feasible and cost effective
reductions.” Filed 2/27/07 and referred to the House Environmental
Regulation Committee on March 6.
HB 2362 (Hernandez)
SUPPORT establishes a “cap and
trade” program for greenhouse gas emissions similar to the December 20, 2005
“Regional Greenhouse Gas Initiative” established in the northeast region of
the United States. Filed 3/2/2007 and referred to the House Environmental
Regulation Committee on 3/8/07.
HB 2363 (Hernandez)
SUPPORT requires TCEQ to establish
an air pollutant watch list to identify each air contaminant, which by
individual or cumulative emissions may cause short-term or long-term adverse
human health effects or odors in the area. This list is to be based on
federal or state ambient air quality standards or effects screening levels.
Filed 3/2/07 and referred to the House Environmental Regulation Committee on
3/8/07. This is a companion to SB 1924 by Senator Gallegos.
HB 2388 (Anchia)
SUPPORT requires those electric
generating plants within 125 miles of a non-attainment area to limit the
amount of nitrogen oxides for each megawatt-hour of electric energy to 0.3
pounds during the months of June, July, August and September. Filed 3/2/07
and referred to the House Environmental Regulation Committee on 3/8/07.
HB 2475 (Hochberg)
SUPPORT is the most comprehensive
bill filed thus far on air toxics. It sets ambient air standards (not just
effects screening levels which are essentially unenforceable) for the
following “priority air contaminants”: benzene, 1,3 butadiene, diesel
particulate matter, ethylene dichloride, and nickel. It requires the TCEQ
to establish a “Toxic Hotspots Pilot Program” whereby the TCEQ shall
designate certain geographic areas in Texas as toxic hotspots. These
designations are to be made no later than December 31, 2007. The Commission
shall then take cooperative actions to ensure that the priority air
contaminants fall within the standards. If this is not successful, the TCEQ
may take any additional actions necessary to achieve the standards. Filed
3/5/07.
SB 945 (Ellis) SUPPORT
is entitled the “Texas Global Warming Solutions Act” and, as noted above, is
similar to HB 2143
by
Rodriguez. In addition, however, it establishes an “Environmental Justice
Advisory Committee” to advise the TCEQ in developing the comprehensive plan
for greenhouse gases and in implementing the Act. It also establishes an
Economic and Technological Advancement Advisory Committee to advise the TCEQ
on activities that will facilitate investment in and implementation of
technological research and development opportunities for the purpose of
assisting in the reduction of greenhouse gas emissions. Filed 2/27/07 and
referred to the Senate Natural Resources Committee on 3/7/07.
Maxine Barkan (Austin Area)
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:
- Place a $100,000
Aggregate Limit on Individual Contributions
- Closing the
Revolving Door Between the Legislature and the Lobby
NEW
INFORMATION:
A new collaborative
group has been formed replacing the Making
Democracy Work: A Texas Agenda.
The new group has essentially the same members, including the League, and is
looking for other participants. Three committee meetings have been held to
determine a legislative focus and a name. The purpose is to advocate for
basic campaign finance reform issues. The group agreed to work for HB 110
(Strama), HB 111 (Villarreal), and HB 1085/HB 1328 (T. Smith). No
hearings have been held on these issues.
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. The House Elections
Committee heard this bill on February 21.
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 to 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 is 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.
Heard by the Senate State Affairs
Committee February 26, 2007. The League 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)
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 have 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.
Gloria Suarez-Sasser (San Marcos)
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 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.
Barbara Weinstein (Dallas)
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
Electronically (DRE) in non-Federal Elections
-
Volunteer Deputy Voter Registrars to
assist voters with mail-in ballots.
· No
Excuse Early Voting by Mail
- Voter Photo
Identification (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.
On Wednesday, February 21 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.
NEW INFORMATION: Was voted out of
committee as substituted. This requires that if a person is told he cannot
vote, when he comes to vote, he will be given a piece of paper telling him
why he was denied the right to vote. If the voter is merely in the wrong
precinct, no written document is given. He is merely given directions to the
proper precinct.
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 28 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.
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.
NEW INFORMATION:
This bill has been voted favorably out of the
committee as substituted and is on the Senate Intent Calendar. Companion
Bill is HB 17. |