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Texas Senate


Texas House
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IN THIS ISSUE:

1. Recorded Votes 
    Action Alert

2. Juvenile Justice
    New issue

3. Capital Punishment

4. Election Laws

5. Health Care for Older
    Texans

6. Children's Health
    Insurance Program (CHIP)
    Action Alert

7. Child Care

8. Energy Issues

9. Equal Opportunity/
    Income Assistance

10. Judicial Selection

11. Redistricting

12. Reproductive Choice/
      Women's Health

13. Water Resources

14. Land Use & Funding for
      Texas Parks

15. Immigration

16. Air Quality

17. Campaign Finance
      Reform

Deanna Frisk, Advocacy Director                                                     Brandon Spenrath, Editor
Deanna@cscusa.biz                                                                         bspenrath@lwvtexas.org

Welcome to the 2007 Legislative Newsletter. 

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 April 9.

Published April 13.

Do you know someone who may have an interest in the Legislative Newsletter? Don't keep it to yourself! Share it with a friend or family member. Better yet, share it with five! Simply forward it to their email address. Their interest may lead to membership! For inquiries or to request information about membership email membership@lwvtexas.org.

CHILDREN'S HEALTH INSURANCE PROGRAM (CHIP) - Julia Marsden

HB 109 by 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 passed 8-1 and achieves much of the CHIP Coalition Agenda.   

The CHIP Action Alert issued March 16 remains in affect.  HB 109 (Turner) SUPPORT is now scheduled to come to the House floor on Monday, April 2.  House members need to hear that this bill enjoys broad support. 

Members of the CHIP coalition are visiting all house member offices to celebrate the birthday of CHIP and urge their support.

In addition there is something else that individual League members need to do. That is to write letters-to-the editor voicing their support.  Many newspapers across the state are editorially supporting CHIP restoration and HB 109, but they are hearing from people opposed to this legislation.  Write a letter and let your voice be heard in support of this important health issue legislation.

·        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

NEW INFORMATION:

There is little movement and no specific action yet, so we need to keep the pressure and communications going. 

1. Recorded Votes

Linda Camin (Dallas)

lrcamin@tx.rr.com

The House Committee on State Affairs has voted out HB 83 (Branch) to require recorded votes by each house on final passage of all bills and to publish the recorded votes on the Internet. A companion bill, HJR 19 (Branch), proposes a constitutional amendment with the same requirements.  Our Capitol Corp representative for Recorded Votes, Karen Rankin, did a wonderful job of presenting League testimony at the hearing on March 5^th.

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 28^th, 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.

2. Juvenile Justice-New Issue

Jayne Krawietz (Midland)

jkrawietz@cox.net

The sex abuse scandal at the Texas Youth Commission (TYC) has resulted in a flurry of legislative activity.  We have reports that lawsuits are forthcoming, which may influence what happens legislatively.  There are several bills pending in the House Corrections Committee, all of which seek to prevent some of the problems at TYC.  Although there are many important aspects to a solution, one of the most important is independent oversight.  Two bills establish an Inspector General for the commission, but under the auspices of the TYC.  We believe that an Inspector General must not be affiliated with the Commission. 

HB 427 SUPPORT This bill allows a District Attorney or County Attorney in counties with TYC facilities to request a special prosecution unit to prosecute crimes committed on TYC property.  One of the reasons given for the inaction at the Pyote State School was that no one claimed jurisdiction. 

HB 2335 OPPOSE Although this bill calls for increased guard training, it calls for the TYC to establish its own Inspector General.  We would support this bill if the inspector would be independent from the Commission. 

HB 3309 SUPPORT This allows advocacy groups to provide information and support for sexual assault victims living in TYC facilities. 

HB 3521 OPPOSE Again, the establishment of an independent inspector is what this bill needs.  The rest of the bill includes excluding those convicted of crimes against children from working with children at TYC facilities, prohibiting individual oversight over a group of children, notification of parents of children’s rights, and the posting of those rights in TYC facilities.  These are great points, but without independent oversight, cannot be guaranteed.

3. CAPITAL PUNISHMENT

Gloria Sasser (San Marcos)

gloriasasser@sbcglobal.net 

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

None of these bills has a scheduled committee hearing.

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. 

4. ELECTION LAWS

Barbara Weinstein (Dallas)

gewwendt@swbell.net

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

• The Use of Direct Recording Electronically (DREs)  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

On Wednesday, February 21^st 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.  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^th 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.  This bill has been voted favorably out of the committee as substituted and is on the Senate Intent Calendar.  Companion Bill is HB 17.

At the House Corrections Public Hearing on Monday 2/26 we signed 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. 

Also at the February 28^th House Elections Committee we presented testimony in opposition to three bills.  All were left pending and we expect a vote on this issue (probably a bill that’s a combination of the three) to be taken in the House soon.

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.

NEW INFORMATION:

VOTER ID.  There was a Press Conference at the Capitol on March 13^th, called by Senator Ellis concerning Voter ID.  Mary Finch from the Capitol Corps delivered a statement for the League stating our opposition to any voter ID bill.  At the Elections Committee on 3/28 they voted favorable from committee as amended on SB 626 which is a combination of the three voter ID bills that I told you about that were put together in a new form.  Since there was a hearing on the old bill (even though different number) they did not have to have a hearing on Bill 626.   

HB 629 (SUPPORT) This bill relates to the consolidation of elections.  It would lower the number of elections for the voter.

HB 1463 (OPPOSE) This bill makes it harder to give assistance, when needed, to voters. 

NEW BILLS:

HJR 39 (Allen) SUPPORT.  This bill is post-ratifying Amendment XXIV to the Constitution of the United States prohibiting the denial or abridgment of the right to vote for failure to pay any poll tax or other tax.  Now, my friends, this sort of thing has to be ratified by each of the states, and Texas never did this.  SO…..this bill will take care of that!

HB 731 (Kolkhorst) OPPOSE This bill relates to the use of certain voting equipment in an election that does not involve a federal office.  Texas decided that we would support HAVA in all elections.  This bill says that you can opt out of that requirement for certain elections. 

HB1642 (Ortiz) SUPPORT  This bill relates to the days on which early voting by personal appearance may begin.  This opens up the possibility of weekend voting.

5. HEALTH CARE FOR OLDER TEXANS

Maria Johnson (Austin Area)

mmjohnson6@hotmail.com

Several bills have been filed to increase the personal needs allowance for persons in nursing home care.
Currently in the House Appropriations are the following bills: 

HB 52 (Chavez) SUPPORT and

HB 69 (Leibowitz) SUPPORT  both increase the personal needs allowance to $60 a month. 

HB 446 (Thompson, Senfornia) SUPPORT and companion bill

SB 427 (ROYCE) That increases the allowance to $75 a month.

6. CHILDREN'S HEALTH INSURANCE PROGRAM

Julia Marsden (Austin Area)

jmars80278@aol.com

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

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

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

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

b.       Eliminate the CHIP asset test

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

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

·         Provide adequate reimbursement for Medicaid and CHIP providers

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

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) SUPPORT/SB 693 (Uresti) 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.

7. CHILD CARE

Marlene Lobberecht (Houston Area)

marlene@lobberecht.com

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

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

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. 

      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. 

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 pre-kindergarten 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 (Zaffirini) SUPPORT New Information:  Early Childhood Professional Development Partnership. The initiative will support the professional development of early care and education professionals by establishing a training partnership and career path within the profession, expand annual training required of caregivers from qualified trainers and accountability within licensed child care programs.  This addresses the number one and two child care program priorities of the LWV-TX.   SB 50 is also the number three priority of the Texas Early Care and Education Coalition (TECEC).

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.

8. ENERGY

Susan Barrick (Lubbock)

susanbarrick@sbcglobal.net

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 sitting process, which had been severely curtailed by the governor's executive order to fast-track plant permits. 

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 5 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.

9. EQUAL OPPORTUNITY/INCOME ASSISTANCE

Jensie Madden (Comal Area)

j-dmadden@worldnet.att.net

The priorities for this legislative session are to support policies that improve the economic well being of families in poverty, to support programs that provide job training for living wage jobs, and to support equal educational opportunities from preschool to higher education. Several bills have been introduced to increase the minimum wage in Texas, which would help low-income Texans become more self-sufficient. 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.

10. JUDICIAL SELECTION

Maxine Barkan (Austin Area)

mlbarkan@aol.com

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.

11. REDISTRICTING

Nancy Wilson (Richardson)

wilson972@aol.com

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

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

www.lwvtexas.org  

Redistricting bills filed to date in the House:

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

HJR 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) 

The three bills already filed in the House on redistricting have not yet been 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 Has 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.

12. REPRODUCTIVE CHOICE/WOMEN'S HEALTH

Julie Lowenberg (Dallas)

jmlowenberg@sbcglobal.net

Great News: By executive order on February 2, 2007, Governor Perry made Texas the first state to mandate a vaccine for sixth grade girls to prevent the sexuality transmitted infection, human papilloma virus (HPV) that leads to most kinds of cervical cancer. Perry states that his order “provides us with an incredible opportunity to effectively target cervical cancer”. Texas has the second highest number of women with cervical cancer in the nation. Last year, 1,169 new cases and nearly 400 deaths were reported. The vaccine generally cost about $360, which is covered by most insurance companies. Under the order, it would also be available to eligible girls under the Texas Vaccines for Children Program.  Unfortunately several bills have been filed in reaction to the executive order. They would “preempt” the order by prohibiting immunization against the HPV virus as a condition for admission to public schools. LWV Texas opposes these bills: HB 1098 (Bonnen), HB1115, (Howard), HB 1215(Hughes), and SB 438 (Hegar). 

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

• The House Public Health Committee 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.
• HB 1379 (Deshotel) Support New Information: Was also passed by the House. It 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.

HPV vaccine update: The controversy continues over Governor Perry’s executive order mandating that all sixth grade girls receive 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:  was passed by the House on March 13. This measure would pre-empt Governor Perry’s executive order mandating that immunization against the sexually transmitted infection HPV, recently approved by the FDA, be required for all sixth grade girls as a condition for school entry. The bill has now been sent to the Senate.

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.  New Information:   Was heard and left pending in the House Insurance Committee on March 26. LWV-Texas signed in as supporting this measure.
• 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.
• HB 1131 (Zedler) – OPPOSE - would impose unnecessary and burdensome reporting requirements on physicians who provide care to women for complications resulting from an abortion or attempted abortion.
• 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.

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.

NEW BILL:

HB 1842 (Strama) SUPPORT Was heard and left pending in the House State Affairs Committee on March 26. LWV Texas presented testimony in support of this “Prevention First” measure that would expand access to preventive health care services and education programs to help reduce unintended pregnancies prevent the spread of sexually transmitted infections and promote healthy families.

13. WATER RESOURCES

Julia Marsden (Austin Area)

jmars80278@aol.com

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

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

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

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

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.  HB 3 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.  

NEW INFORMATION:  On 3/1, HB 3 was passed by the House as amended and on 3/12 was referred to Senate Natural Resources Committee.   The Senate amended the bill and passed it but it has to be sent back to the House.  We don’t like adding the plan for reservoir sites. 

Explanation: SB3 substitutes the language of HB3 (Puente) SUPPORT It is very difficult to oppose first time legislation that 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. 

SB3 would require that the executive director of the Texas Water Development Board  develop and implement a statewide conservation public awareness program and would  require the submission of water conservation plans.  Additionally SB3 adds language on voluntary land stewardship on the part of landowners as a method of protecting and enhancing water supplies.  

On the other hand it is very difficult to support a bill that designates unique reservoir sites to be set aside for future reservoirs that could result in 19 reservoirs over the next 20 years.  One can question whether this is a balanced approach to state water planning and whether or not conservation will receive enough attention as a water planning strategy. Does this bill represent a balance between economic growth and water resource protection? Currently our judgment is that it does not! 

According to Impact on Issues, our guide to public policy positions, construction cost of large-scale water transfers are high and economic losses in the basin of origin may be high.  Environmental costs of water transfers may include quantitative and qualitative changes in wetlands and related fisheries and wildlife, diminished aquifer recharge and reduced stream flow.  The process for evaluating the suitability of new projects should include ample and effective opportunities for informed public participation, examination of all short and long-term economic costs, social and environmental and examination of alternative supply options, such as water conservation, water pricing and reclamation.  

LWVTX will continue to follow SB 3 and the development of this omnibus water legislation. 

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.  New Information:  On 3/28 the bill was voted favorably from committee as substituted.

14. LAND USE & FUNDING FOR STATE PARKS

Deanna Frisk (Comal Area)

deanna@cscusa.biz

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

HB 6 (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.

New Information:  3/22 Sent to House Calendars committee as substituted.  Amends Section 11.035(b)
of the Parks and Wildlife Code by requiring the department to credit the state parks account with an amount
equal to 74 percent of the credits made to the department under Section 151.801 of the Tax Code, instead
of $1,125,000 per month and 40 percent of the credits. Amends Section 11.043(b) of the Parks and Wildlife
Code, by including an allocation to the large municipality recreation and parks account which will prevent
competition between large and small communities for funding. This substitute adds counties with a population
of 500,000 or more to the recipients of monies from the Texas Parks and Wildlife Department and other
grants.  It also replaces the word "city" with "municipality" in the definition of a political subdivision. 
Finally, this committee substitute makes minor changes so that the language is congruent with the rest
of the bill. 

SB 252 SUPPORT Companion Bill. Referred to Senate Finance Committee

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

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

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.

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.  New Information:  Referred to
Land and Resource Management.

HB 3447 (Rose) SUPPORT Would regulate land development in a county wholly or partly located in a priority ground-
water 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. New Information:  Referred to House County Affairs.

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

New Information:  Referred to House Culture, Rec. & Tourism.

HB 3843 (Hilderbran) SUPPORT This applies only to general obligation bonds authorized that remain unissued as 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. Not 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.  New Information:  Referred to 
House Culture, Rec. & Tourism.

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. New Information:  Referred to House Culture, Rec. & Tourism.

15. IMMIGRATION

Linda Hanratty (Tarrant County)

llswenson@yahoo.com

After years of legislative inactivity, the 80^th 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 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.

16. AIR QUALITY

Laura Blackburn (Houton)

laura2blackburn@earthlink.net

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 LNN on those that have been referred to committee.

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.  LWVT 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.

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.

17. CAMPAIGN FINANCE REFORM

Maxine Barkan (Austin Area)

mlbarkan@aol.com

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

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

Texans Against Big Money, the group committed to campaign finance reform, will advocate for three CFR bills: HB 110 Strama, HB 111 Villarreal, and HB 1085 T. Smith. The first two would impose limits of $100,000 on the total amount an individual can contribute to a candidate in an election cycle, and the third would prohibit phony “issue” ads. These are issues of long standing the League and others have worked on and with some bipartisan support. In addition to the twelve organizations including the League that already supports the campaign a letter has been mailed to a large number of diverse organizations asking for support for our agenda. Although the bills have not yet been scheduled for a hearing, members of the planning group will be sending letters to the editors of statewide newspapers explaining why we need campaign contribution limits. Efforts will be made to encourage the Elections Committee to schedule hearings, after which a press conference will be held with members of both political parties and members of the supporting organizations.

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 spe