|
Deanna Frisk, Advocacy Director
Brandon Spenrath, Editor
www.lwvtexas.org
Texas House
About Us
Texas
Senate
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
Good news for those of you who are following
Committee Hearings. Monday May 7 is
the last day for a
House Committee to report HB and HJR's. May 19
is the last day for House Committees to report SB and SJR's. Committee
Hearings have to be completed before these dates. The House, Senate,
Calendars Committees and Conference Committees will be very busy the rest of
the month through May 28.
The Texas League Board decided at the last board
meeting on April 21 to put all action alerts and position
statements on the web page at
www.lwvtexas.org
Next
articles are due May 7th.
Published May 11th and every week in May.
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IN THIS ISSUE:
-
NUCLEAR WASTER-NEW ISSUE
-
SERVICES FOR THE SERIOUSLY MENTALLY ILL-NEW
ISSUE
-
LAND USE & FUNDING FOR TEXAS PARKS
-
IMMIGRATION
-
CAMPAIGN FINANCE REFORM
-
AIR QUALITY
-
RECORDED VOTES
-
JUVENILE JUSTICE-ACTION
ALERT
-
CAPITAL PUNISHMENT
-
ELECTION LAWS
-
HEALTH CARE FOR OLDER TEXANS
-
CHILDREN'S HEALTH INSURANCE PROGRAM (CHIP)
-
CHILD CARE
-
ENERGY ISSUES
-
EQUAL
OPPORTUNITY/INCOME ASSISTANCE
-
JUDICIAL SELECTION
-
REDISTRICTING
-
REPRODUCTIVE CHOICE/WOMEN'S HEALTH
-
WATER
RESOURCES
JUVENILE JUSTICE
- Jayne Krawietz
HB 2807 (Madden),
SUPPORT which is the companion bill to SB 103. (Hinojosa)
is a comprehensive reform bill
which includes oversight. It was quickly passed by the Senate and is headed
to the House with few probable changes.
As this goes to press, the House Corrections Committee plans to meet to
amend HB 2807 to more closely match SB
103. This bill covers every area of concern we have had; some minor
details are being worked out. Call your
Representative and express your support of HB 2807, stating that you want it
to contain the provisions
listed in SB 103.
Explanation: SB 103
was introduced during the last session, but no action was taken. Due to the
recent Texas Youth Commission
sex scandal, when other problems also came to light, this bill was
reintroduced and voted out of the Senate very quickly.
It is a lengthy bill, but its key elements include:
- Only children
committing felonies may be sentenced to a TYC facility. This may be
tweaked some in the House
version because juvenile judges want flexibility to sentence habitual
misdemeanor offenders.
- Establishing a
feasibility study of a regional structure for TYC, with smaller, local
facilities conforming to needs of area.
- Establishing the
office of Executive Commissioner and Advisory Board for the TYC.
- Establishing
authority of a state auditor to review financial transactions of
Commission and an internal audit
procedure, reporting to legislative committees.
- Providing for 300
hours of training for juvenile correctional officers.
- Providing for
criminal background checks for potential TYC employees.
- Allowing advocacy and
support groups to provide on-site services at TYC facilities.
- Establishing the
office of Inspector General to investigate fraud committed by TYC
employees and crimes
committed at TYC facilities, reporting to the Commission, Governor,
Advisory Board, and legislature, among
others.
- Establishing the
office of Ombudsman to evaluate services to youth and review complaints,
reporting to
Commission and legislature.
- Restricting placement
of males under 14 to dorms for youths 16 and younger.
- Developing and
distribute a Parent’s Bill of Rights.
- Assigning a
caseworker to each child committed to the TYC.
- Allowing a special
prosecutor to be requested to prosecute crimes committed on TYC property.
These items address the
main concerns of the League and other policy groups regarding the problems
at TYC.
SB 103 and HB 2807 replace other pertinent bills because they include
the goals of the other bills. They are
a huge achievement and, if fully funded and implemented, will help prevent
some of the more egregious
incidents we have recently seen at TYC facilities.
.
Melanie Barnes (Lubbock)
LWV-TX lobbies on nuclear waste issues based
on LWVUS positions.
SB 1604 SUPPORT
is relating to responsibilities of
certain state agencies concerning radioactive substances;
imposing fees and surcharges; providing administrative and civil penalties.
Currently, the Texas Department of State
Health Services (DSHS) regulates the recovery of uranium and
disposal of byproduct material as well as the commercial storage and
processing of radioactive waste. The Texas Commission on Environmental
Quality (TCEQ) regulates the disposal of radioactive substances except for
byproduct
material and oil and gas naturally occurring radioactive material (NORM)
waste.
SB 1604
consolidates storage, processing, and disposal activities related to uranium
mining and radioactive waste under TCEQ.
Most of the language of the bill is addressing the changes necessary in the
Texas Administrative Code to achieve this objective.
Some specifics include:
a)
SB1604
would authorize a separate commercial storage and processing license to be
issued for a site
also licensed for disposal. Additionally, the bill requires an applicant,
before a license is issued or renewed by TCEQ, to demonstrate
to TCEQ that the applicant is financially qualified to conduct the licensed
activity, including any required decontamination, decommissioning,
reclamation, and disposal, by posting security acceptable to TCEQ.
b)
For NEW sites SB 1604 requires TCEQ in adopting rules for the
issuance of licenses under its jurisdiction
for new sites for processing or disposal of radioactive substances from
other persons, to adopt criteria for the designation of certain unsuitable
sites. In addition TCEQ is required to consult with the Texas Water
Development Board (TWDB), the State Soil and Water Conservation Board, the
Bureau of Economic Geology, and other appropriate state agencies in
developing proposed rules and to consider site suitability, geological,
hydrological, and meteorological factors, and natural hazards, and the
demonstration of financial qualifications.
c)
For uranium mining SB 1604 authorizes TCEQ to issue a permit
that authorizes the construction and operation
of two or more similar injection wells within a specified area for mining of
uranium. Provides that an application
for a new permit, a major amendment of such a permit, or a renewal of such a
permit for mining of uranium is subject to the public notice requirements
and opportunity for contested case hearing.
LWV-TX has been
working to achieve these goals during the last two legislative sessions. As
of April 18th
SB 1604 has been engrossed by the Senate and received from the Senate by the
House. SB 1604 passed the Senate with 29 ayes and 1 nay.
Susan Majors (Richardson)
The priority for this
legislative session is to work to influence the Legislature to maintain or
increase the current funding
level for services for the seriously mentally ill. (Specifically, funding to
restore the 10% budget cuts directed by the
Governor, and increased funding for mental health crisis services, including
funding for Resiliency & Disease Management Services.) In addition, action
in support of “parity” (legislation to require health insurance plans to
cover treatment for serious mental health disorders equal to coverage
provided for physical disorders) is consistent with League position. A
number of mental health parity bills remain in committee or are left pending
in committee. These include:
SB 568
(Ellis) SUPPORT to expand group
health benefit coverage for mental disorders.
HB 1986 (Coleman) SUPPORT to expand group health benefit coverage for mental
disorders.
SB 481
(Van De Putte)
and HB 1169 (Coleman) SUPPORT to allow health benefit coverage
for self- inflicted injuries
by a minor. (Note: Insurance companies routinely exclude medical
expenses for self-inflicted injuries or suicide.)
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.
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
- 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.
On 2/06/2007-
Referred to House Culture, Recreation and
Tourism Committee,
the League signed in as Supporting at the hearing.
New Information: 4-17 voted favorably from
committee.
HB 466 (Flores)
SUPPORT would repeal the law
enacted in 1993 which capped the amount of sporting goods taxes
given to Parks & Wildlife to $27 Million/year.
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.
Referred to Land and Resource Management.
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. Referred to House County Affairs.
New Information: Hearing 4-18, League sent testimony and signed in. Left pending.
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
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. 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.
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. Referred to House Culture, Rec. & Tourism.
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.
HB 28 (Berman)
OPPOSE would exclude state
services to children born in this state after this law goes into effect
whose parents are not citizens or nationals of the U.S. and have entered the
U.S. without inspection and authorization of an immigration officer (illegal
aliens). This would cover benefits provided by the state or a political
subdivision of the state including a grant, contract, load, professional
license, or commercial license, employment, retirement, public assistance,
health care benefits, public housing, instruction in primary or secondary
education, instruction from a public institutional of higher education, and
unemployment benefits. The League supports education, housing, and
emergency care for immigrants. All children born in this state are
given the option of American citizenship with all its benefits. This bill
seeks to remove those benefits. Referred to House State Affairs Committee on
01/29/2007
HRC 11 (Solomon)
SUPPORT would direct the Office
of the Attorney General of Texas to pursue all available remedies, including
but not limited to initiating a lawsuit or joining other states in a suit
against the United States Attorney General, to demand the enforcement of all
existing federal immigration laws by the federal government and to recover
any money owed Texas by the federal government for costs incurred by the
state in dealing with illegal immigration. The League supports economic
assistance to those areas of the state disproportionately impacted by
immigration. This funding should come primarily from federal, state, and
private sources. This bill was
referred to the House State Affairs Committee.
New Information: A hearing was held on
this bill on 4/16/2007, and the bill was left pending.
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.
New Information:
A hearing was held on this bill on
4/16/2007 and the bill was left pending.
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
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 support 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 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 21st.
The League signed an
affidavit in favor of the bill but did not speak. Also in favor was a lobby
representative from the Professional Advocacy Association of Texas. He noted
that public trust needs to be restored for both lobbyists and legislators.
Rep. Lon Burnam was concerned about the length of time from the date a
special session would be called by the governor to date the session would
start. He was worried about the ability to raise funds if there was a long
lag between the call and the start of the session. However, the bill seems
like a no-brainer. It was left pending in committee.
HB 602(D. Howard)
SUPPORT would require a two-year
period before accepting employment as a lobbyist. The legislature meets
every other year, so a one-year period would be ineffective. The require-ment
would apply to former legislators not to 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.
On March 14, 2007, oral
and written testimony in favor of HB 602 was given by the League at
the Election Committee hearing. Three other bills concerning lobby
restrictions have been filed: HB 2634 (Bolton) SUPPORT is a lobby
restriction bill with the two-year period leaving the legislature after the
end of a term: however hers does not address contract restrictions required
in HB 602. SB 1103 (Patrick) SUPPORT, is an identical bill
making this a bipartisan effort. These two bills exempt former legislative
members who communicate with nonprofits organizations, individuals, groups
of low-income individuals, or groups of individuals with disabilities and do
not receive compensation except for expenses. Neither Sen. Patrick nor Rep.
Bolton’s bills are as strong as that of Rep. Howard. HB 2802 (Garcia)
SUPPORT only restricts a former member of the legislature from being
employed as a registered lobbyist two years after the term of office is
completed. It does not have the exemptions of the other two bills. The
League supports these three measures, but they do not cover as many
conditions for comprehensive reform and only Rep. Howard’s bill includes all
three branches of government. As usual these bills were left pending.
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.
New Information:
Has passed the Senate and was heard
in the Elections Committee Wednesday, April 25, 2007.
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 has been involved in formulating
policy, testifying before the legislature, or supervising other employees
who perform similar jobs. Obviously, such former staff members could
influence public policy based on their former activities.
At the hearing of the
Elections Committee on March 14, 2007, the League signed in support of HB
2451 (Burnam) SUPPORT that would give the Texas Ethics Commission rule
making authority to implement or interpret the purpose of regulating
elections and prohibiting undue influence. As in two other bills reported in
LNL #5 the purpose is to provide legislation for the Ethics Commission to
require full disclosure of moneys contributed to political parties or PACs
which they did not do when a check was given with no identification last
year by a third party. This authority really exists, some say, in Government
Code Section 571.001 which includes “(3) to disclose fully information
related to expenditures and contributions of elections and for petitioning
government.” The Commission has said it needs the authority from the
legislature. The bill was left pending.
HB 158 (Naishtat)
SUPPORT was heard in committee on
March 14, 2007. The League signed in favor of the bill at the hearing. The
bill has several co-sponsors who had similar bills to offer. They have been
combined into one, CSHB 158 after making sure the language of the
bill would accomplish the goal. To review, last year the Texas Ethics
Commission, in an Advisory Opinion which the League with several other
organizations requested, stated that a state official did not have to report
the value of a gift of cash or a check. This was in response to two checks
last summer totaling $100,000 that were reported to the Ethics Commission as
checks with no identifying information. In the Advisory Opinion, the
Commission said they were not required to request this information. The
Commission’s advice was to ask the legislature to pass legislation that
would be specific. CSHB 158 would require an individual to report the
fair market value of a gift when filing a financial statement with the
Ethics Commission. No fiscal note is required. If passed, the financial
reporting would be required after January 1, 2008. CSHB 158 was
scheduled for debate in the House on April 11, 2007 and was passed to
engrossment and sent to the Senate.
The three
bills that are the focus of the Texans Against Big Money group were heard at
the Elections Committee hearing on April 18, 2007. These are: HB 110 (Strama),
HB 111 (Villareal), and HB 1085 (T. Smith). The first two would place limits
of $100,000 in contributions to a candidate by an individual in an election
cycle, and Rep. Smith’s bill that would prohibit phony “issue” ads in the
closing weeks of an election. The League and other member organizations
presented testimony in support of these bills. As part of the campaign
strategy the League has sent a sample Letter to the Editor to local League
presidents to be sent to their newspapers.
Laura Blackburn (Houston)
LEGISLATION RELATING TO GLOBAL
CLIMATE CHANGE:
The following bills
relate to global climate change and are supported under the following
LWVUS
positions:
The League supports the
preservation of the physical, chemical and biological integrity of the
ecosystem and maximum protection of public health and the environment.
The League supports:
energy goals and policies that acknowledge the United States as a
responsible member of the world community through sound use of energy
resources and a predominant reliance on renewable resources.
The League believes that
policy makers must take into account the ramifications of their decisions on
the nation as a whole as well as on other nations.
SB 945 (Ellis)
SUPPORT is entitled the “Texas
Global Warming Solutions Act” 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.
New Information: SB 945 was set for hearing
on April 19 but it was not heard. We expect the bill to be heard on May 1
and the LWV will present testimony supporting this bill.
HB 2143 (Rodriquez)
SUPPORT is entitled the “Texas
Global Warming Solutions Act,” It 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.
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. SB 12 PASSED the Senate on March 21 and a hearing
was held in the House Committee on Environmental Regulation of April 10.
New Information: SB 12 was left pending in the House Committee on
Environmental Regulation on April 10.
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 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.
HB 1252 (Bonnen)
SUPPORT requires that not only
should a pre-construction permit be reviewed every ten years, it must also
be reviewed during a permit amendment. New
Information: HB 1252 was reported favorably
out of the House Committee on Environmental Regulation on April 4, a
committee report was filed on April 12, and it was sent to the Local and
Consent Calendar on April 12.
HB 2642 (Noriega)
SUPPORT relates to fence-line
monitoring of air toxics. The owner or operator of a facility would do the
monitoring with a third party conducting audits. The benefit to the
owner/operator includes various considerations from TCEQ including
prioritization of permit review, a reduction in the number of scheduled
investigations for those with an above-average history of compliance, and a
single point of contact at the TCEQ. Referred to the House Committee on
Environmental Regulation on March 13.
HB 2722 (Thompson)
SUPPORT relates to establishing an
air pollutant watch list by TCEQ including air contaminants which are
governed by either state or federal standards which may have adverse health
effects or odors. Geographic areas which may be so affected must be
identified. Referred to the House Committee on Environmental Regulation on
March 14.
HB 2847 (Anderson)
SUPPORT requires owners/operators
of electric generating facilities to report to the TCEQ whether the
cumulative emissions of a facility will affect public health and property
within 100 miles of the facility. Emissions to be reviewed include mercury,
sulphur dioxide, nitrogen oxides, and particulate matter. The bill was
referred to the House Committee on Environmental Regulation on March 14 and
a hearing was scheduled on April 3. It was left pending in the Committee on
April 4.
HB 2890 (Vo) SUPPORT
also relates to establishing an
air pollutant watch list. It also states that if a permit is reopened for
amendment, the permit is considered reopened with respect to air
contaminants. Referred to House Committee on Environmental Regulation on
March 14.
HB 2934 (Turner)
SUPPORT requires that ambient air
quality standards be adopted by TCEQ for 13 toxic air contaminants including
acetaldehyde, acrolein, acrylic acid, acrylonitrile, benzene, 1,3 butadiene,
carbon tetrachloride, ethylene dibromide, ethylene dichloride, formaldehyde,
naphthalene, 1,1, 2,2 tetrachloroethane and vinyl chloride. These standards
would apply to permits issued before, on or after the permits were issued.
In developing standards, the pollutant cannot cause cancer in more than 1 in
one million persons. Referred to Committee on Environmental Regulation on
March 15.
HB 3117 (Noriega)
SUPPORT defines Effects Screening
Levels (ESLs) to be set so that the chance of cancer is not more than one in
one million. The TCEQ is to establish peer review for establishing the ESLs.
Penalties are also provided. Referred to Environmental Regulation Committee
on March 19.
HB 3156 (Noriega)
SUPPORT also establishes an Air
Pollutant Watch List in which geographic areas must be identified. Referred
to the Committee on Environmental Regulation on March 19.
HB 3229 (Howard)
SUPPORT defines Best Available
Control Technology (BACT) as that defined by federal law. This is omitted in
the definition by TCEQ. Similarly “criteria air pollutant” and “significant
source” are those defined by federal law. TCEQ is required to track and
publicly post a list of emission limitations for criteria air pollutants,
mercury and sulfuric acid that have been represented as being the best
available control technology or lowest achievable emission rate.
Furthermore, a permit must model a facility’s effects on concentrations of
ground-level ozone in areas downwind from the facility including an area at
least 250 kilometers from the source. The bill was filed on March 8,
referred to Environmental Regulation on March 20, a hearing was held on
April 3, a substitute offered on April 4, and the bill was left pending in
committee on April 4.
SB 124 (Ellis)
SUPPORT requires Texas to adopt
the California standards for cars and light trucks. SB 124 was heard
before the Senate Natural Resources Committee on April 10. The LWV-TX
testified in support of the bill. Representatives from California spoke to
the committee. New Information: The bill
was left pending in committee April 10.
HB 344 (Strama)
SUPPORT is the companion bill to
SB 124 by Ellis requiring Texas to adopt the California air
standards. HB 344 was heard by the House Committee on Environmental
Regulation the morning of April 10. The LWV-TX will present testimony in
strong support of the bill. New Information:
HB 344 was left pending in the Environmental
Regulations Committee on April 10.
SB 529 (Watson)
SUPPORT is the bill relating to
emissions from school buses. SB 529 PASSED the Senate Natural
Resources on March 29 and is scheduled on the Senate Intent Calendar for
April 10. It should pass! New Information: SB
529 passed the senate on April 11 and was referred to the House
Environmental Regulations Committee on April 12.
SB 1855 (Gallegos)
SUPPORT establishes a toxic
hotspots pilot program. A “toxic hotspot” is defined as a geographic area
in which modeled or monitored ambient air concentrations of one or more
priority toxic air contaminants exceed ambient air toxic standards. Ambient
air standards are required for 5 priority toxic air contaminants: benzene,
1,3 butadiene, diesel particulate matter, ethylene dichloride and nickel—and
the standards are in the legislation. Additional standards are required for
high priority toxic hotspots by 2010, medium priority toxic hotspots by
2012, and low priority toxic hotspots by 2014. The rule for a carcinogen is
that a lifetime cancer risk should not be more than one in 100,000.
Referred to Senate Natural Resources on March 22.
New Information: SB 1855 was heard in
committee on April 17 and the LWV presented testimony in support of the
bill. It was left pending in committee and an Action Alert was sent
encouraging members and local Leagues to write to members of the
committee encouraging them to vote for the bill.
SB 1906 (Ellis)
SUPPORT is similar to SB 1855
by Gallegos relating to toxic hotspots. It was referred to the Senate
Natural Resources Committee on March 22.
SB 1924 (Gallegos)
SUPPORT also establishes an Air
Pollutant Watch List for various geographic areas of the state. These air
pollutants are those that TCEQ determines from federal or state ambient air
quality standards or Effects Screening Levels (ESLs) will cause short- or
long-term health effects. Referred to Senate Natural Resources Committee on
March 22. New Information: SB 1924 was
heard by the NR Committee on April 17; it passed the NR Committee on April
19, and a committee report was filed on April 19.
Linda Camin (Dallas)
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 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. 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.”
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.
Jayne Krawietz (Midland)
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 (Madden)
SUPPORT This bill allows a DA 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. New Information: The bill
has been voted out of committee.
HB 2335 (Castro)
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 (Bolton)
SUPPORT This allows advocacy
groups to provide information and support for sexual assault victims living
in TYC facilities. New Information: Voted out
of committee and has been sent to the House Local/Consent calendar.
HB 3521 (Bolton)
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.
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.
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. Was 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.
New Information:
The bill was scheduled for a hearing on April 24, 2007 and was left
pending.
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 Equipment (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
On Wednesday, February 21st we
signed in at the House Elections Committee in support of two bills.
HB 186 (Hochberg) SUPPORT
relating to the regular procedure for not accepting voters. This adds
written criteria to give back to the voter to tell them why they are not
accepted to vote. This bill was left pending. 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 384 (Kolkhorst) SUPPORT
relating to the use of direct recording electronic voting machines. This is
good as far as it goes. It allows for a voter-verified permanent paper
record suitable for audit. However, the funding for this addition is not
addressed. This bill was left pending.
On Wednesday February 28th we
signed in at the House Elections Committee in support of two bills.
HB 265 (Anchia) SUPPORT
relating to the registration of voters at a polling place and related
procedures and
HB 266 (Anchia) SUPPORT
relating to the designation of certain election days as state holidays.
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 28th 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.
VOTER ID.
There was a Press Conference at the Capitol on March 13th, 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 was 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.
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 be 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. Elections
Committee hearing on 4/11.
Elections Committee
hearing on 4/11 on all these bills.
HB 928 (Davis,John)SUPPORT
relating to the deadline for submitting a federal postcard application to
the early voting clerk.
HB 945 (Herrero)
SUPPORT referring to the dates on
which certain independent school districts may hold an election of
trustees. This allows school districts to hold their election as a joint
election if there is an election scheduled for the same day.
HB 2823 (Bohac)
SUPPORT relating to provisional
voting by a person who applied for an early voting ballot by mail. This
allows for a person who requested an early voting ballot and did not receive
it to vote with a Provisional ballot
HB 3105 (Anchia)
SUPPORT relating to a program
allowing for countywide voting locations in certain elections.
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 are the following bills:
HB 52 (Chavez)
SUPPORT: and
HB69 (Leibowitz)
SUPPORT: both increase the
personal needs allowance to $60 a month. The personal needs
allowance is that amount of money that persons on Medicaid in nursing homes
may keep to spend on items not covered by Medicaid.
New Information:
Left pending in the House Appropriations
Subcommittee on health and Human Services.
Companion bill SB 696 (Harris)
HB 446 (Thompson,
Senfornia) SUPPORT and companion bill
SB 427 (ROYCE)
That increases the allowance to $75 a 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
e. Provide adequate
reimbursement for Medicaid and CHIP providers
f. Invest in outreach and
education to ensure that all eligible children get the care that they need.
HB 109
by (Turner and 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.
·
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. The
House voted overwhelmingly to pass CSHB. Thanks for all your help with the
action alert.
Last week the Texas
house overwhelmingly passed HB 109 (Turner, Davis, J, Dukes, England and
Pena) SUPPORT which was engrossed on 4-4 and received in the
Senate 4/10. Additionally the bill has a long list of coauthors.
HB 109
would:
- Return to a 12 month
continuous eligibility period;
- Allow for the
deduction of child care expenses from a family’s income when determining
eligibility;
- Eliminate the 90-day
waiting period before coverage begins;
- Increase the assets
limit to $10,000 (up from $5,000) and the vehicle allowance to $18,000 (up
from $15,000);
- Increase outreach
efforts so that more children who are eligible for CHIP coverage are
enrolled. It is estimated that this number is 100,000.
The CHIP program is not
for slackers. CHIP insures the children of working parents who earn too
little to afford private health insurance but make too much to be eligible
for Medicaid. To quote the Austin American Statesman, “this
is the best deal in town”. For every dollar CHIP spends in Texas, the
federal government pays 72 cents and the state pays 28 cents.
The battle now moves to
the Senate where it faces a real uphill battle! Lt. Governor Dewhurst
opposes allowing children to enroll for 12 months. (The CHIP Coalition has
included the re-enrollment form in material given to legislators and
believes that this is a complicated process, not the easy two-page form
described by some.)
In addition to this
hurdle the State is faced with the settlement costs of Frew v. Hawkins, a 14
year old dispute over the state’s obligations to children on Medicaid.
Legislators want to complete the agreement before the end of the session on
May 28 because it is estimated that this will cost the state over $700
million over the next two years. It is not known how this will affect the
House budget and the money that will be needed to restore CHIP to pre-2003
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)
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. New Information:
The House passed HB 482 and it is
awaiting a hearing in the Senate.
SB 50 (Zaffirini) SUPPORT
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).
Update: SB 50 voted favorably from the Senate Education Committee as
substituted. New Information:
LWV-TX testimony supporting Early Care &
Education provided to Senate Education Committee and voted favorably out of
Committee. We must now work to see that SB 50 is passed by the Senate and
sent over to the House.
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.
New Information:
passed out of the Senate and made
its way to the House. A committee substitute for the bill was offered during
a House hearing to limit eligibility to children in state conservatorship as
a result of an adversarial hearing. The bill was left pending.
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.
NEW BILLS:
HB 1415
(Leibowitz) SUPPORT Recommended for Local
& Consent calendar. This bill would
amend the Utilities Code to require the Public Utility Commission by rule to
ensure that credits for electricity produced by a public school building's
solar panels correspond to the value of the electricity at the time of day
it is provided by the school to the electric transmission grid and
distribution center.
SB 1612
(Van de Putte) COMPANION: HB 2970 SUPPORT Scheduled for public
hearing on 4/26. Entitles a person who owns property used for the
production, storage, distribution, or wholesale or retail sale of
carbon-free hydrogen to 25 percent of its appraised value. Creates a bond
program, to assist funding carbon-free hydrogen projects. Creates a sales
tax exemption for hydrogen-powered vehicles. Exempts these vehicles from
restrictions on HOV lanes and paying tolls.
SB 1800
(Watson) SUPPORT Scheduled for public hearing on 4/24. Enables
TCEQ to hold accountable permit applicants for promises made to the
commission, the legislature, and the public by making them legally binding
conditions of the permit sought. It would prevent selling emissions
reductions or air quality improvements bound on the cap and trade market.
This bill is to apply only to applicants seeking permits for more than one
coal or lignite-fired electric power plant under expedited permit hearings
process.
- - - - - - - - - - - - - - - - -
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,
with standards updated bi-annually and an energy
efficiency scorecard system to enable home-buyers to compare houses and
qualify for energy-efficient mortgages under the National Housing Act.
This program may also help communities qualify for emissions reduction
credits if they adopt codes to meet or exceed energy-efficient building or
energy performance standards. New
Information: Passed out of the Senate
onto the House on 4/19.
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.
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.
New Information: Committee report sent to
calendars, 4/19.
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.
Literally hundreds of
bills regarding various aspects of energy generation, distribution,
alternative sources, conservation and efficiency have been filed. Many are
procedural and address technicalities in efficiency contracts between
various governmental entities and the State Energy Conservation Office. They
represent the chaff through which we must sift to find the wheat of
substantive matters of public policy.
Many substantive bills which we support have been left in committee: HB
230, which would permit insurance companies to discount premiums on
energy efficient buildings; HB 999, which would establish energy
efficiency and conservation standards for public school construction; HB
231, which would prevent homeowners associations from excluding
renewable energy generation technologies from housing developments;
HB 2713,
which would establish an interim special committee on electric generation
capacity and its environmental impact. Its membership will be drawn from
both houses of the Legislature. The Lieutenant Governor and the Speaker of
the House will designate co-chairs for the committee. The committee is to
study Texas' demand for electric generation capacity and needs for the next
50 years, as well as the available infrastructure and technologies for
supplying the projected demand. Environmental effects of existing electric
generating facilities are to be taken into account, and a long-term electric
energy plan and environmental impact assessment completed by January 15,
2009. New Information:
CSHB 2713 Committee
report sent to calendars, 4/19.
HB 270,
which would impose a tax on the sale of coal to be used in Texas has been
sent to subcommittee.
HB 2794 (Puente) OPPOSE This bill was scheduled for a public hearing
on March 22, but pulled. At the current time is in the House Regulated
Industries Committee with "no action taken." The League supports increased
development of renewable sources of energy. This bill would require a
"certificate of convenience and necessity" for the construction of future
wind power generating facilities, which is not a bad thing, per se. However,
this is a narrowly written bill that would effectively exclude future wind
power development in all but a small area of far west Texas by restricting
wind turbines to areas not at risk from potential tornados, hurricanes and
flooding. Though this bill appears to be temporarily stalled, its substance
may reappear in a somewhat different form integrated with other legislation.
Jensie Madden (Comal Area)
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. 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.
Several bills have been introduced to increase the
minimum wage in Texas, which would help low-income Texans become more
self-sufficient.
HB 49 (Chavez) SUPPORT, was
voted favorably from the House Economic Committee and is
awaiting action by the Calendars Committee.
SB 168
(Ellis) SUPPORT,
would
continue a current law which uses fees collected from members of the State
Bar of Texas to provide legal services to the indigent.
This bill was passed by the Senate,
reported favorably by
the House Judiciary Committee, and awaits action by the House Calendars
committee.
SB 1096 (Janek) OPPOSE, would require
mandatory participation in certain TANF (Temporary Assistance for Needy
Families) employment programs. Under current state regulations, the only
exemptions from work requirements are for pregnant women, parents with
disabilities, and parents caring for children with disabilities. This bill
would require even these TANF recipients to participate in work programs or
be sanctioned out of TANF. There are other alternatives Texas could use to
comply with new federal guidelines without forcing families dealing with
disabilities off of TANF. This bill is scheduled
for a vote by the Senate on April 23.
Maxine Barkan (Austin)
SB 806 (Duncan)
would provide for a nonpartisan
election for the retention or re |