Deanna Frisk, Advocacy Director                                                     Brandon Spenrath, Editor

                  Deanna@cscusa.biz                                                                         bspenrath@lwvtexas.org

 www.lwvtexas.org

                                                         
                               Texas House                         About Us                              Texas Senate

 

 

Welcome to the 2007 Legislative Newsletter. 

You can 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 7th was the last day for a House Committee to report HB and HJR's.  May 19th is the last day for House Committees to report SB and SJR's. Committee Hearings have to be completed before these dates.  Because of this, the Legislative Newsletter has been shortened.

Not only do we need to be keeping an eye on key legislation moving through the legislative process, but we also need to ensure that funding is included in the final budget bill to support these bills. 

Each session, 5 members of the House Appropriations Committee and 5 members of the Senate Finance committee are named to serve on the Budget Conference Committee.  These 10 legislators have a critical role in determining the final budget for the state for the next biennium.

House Budget Conferees Include:
Representative Warren Chisum (Chair, Appropriations Committee) (Pampa)
Representative Ryan Guillen (Vice Chair, Appropriations Committee) (Rio Grande City)
Representative Sylvester Turner (Houston)
Representative Dan Gattis (Georgetown)
Representative Lois Kolkhorst (Brenham)

Senate Budget Conferees Include:
Senator Steve Ogden (Chair, Finance Committee) (Bryan)
Senator Judith Zaffirini (Vice Chair, Senate Finance Committee) (Laredo)
Senator Robert Duncan (Lubbock)
Senator John Whitmire (Houston)
Senator Tommy Williams (The Woodlands)

The LWV-TX Board decided at the last board meeting to put all action alerts and position statements on the web page at www.lwvtexas.org   

Next articles are due May 14th.

Published May 18th and every week in May.


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.


IN THIS ISSUE:

  1. TRANSPORTATION

  2. JUVENILE JUSTICE-ACTION ALERT

  3. REPRODUCTIVE CHOICE/WOMEN'S HEALTH

  4. WATER RESOURCES

  5. NUCLEAR WASTE

  6. LAND USE & FUNDING FOR TEXAS PARKS

  7. IMMIGRATION

  8. CAMPAIGN FINANCE REFORM

  9. AIR QUALITY

  10. RECORDED VOTES

  11. CAPITAL PUNISHMENT

  12. ELECTION LAWS

  13. CHILDREN'S HEALTH INSURANCE PROGRAM (CHIP)-ACTION ALERT

  14. CHILD CARE

  15. ENERGY ISSUES

  16. REDISTRICTING

 

JUVENILE JUSTICE - Jayne Krawietz

ACTION ALERT:  HB 2807 (Madden), was passed Monday night.  This is the companion bill to SB103, and they are comprehensive reform bills for the Texas Youth Commission.  This house version did specifically exclude misdemeanor offenders from the TYC facilities.  Although judges had wanted discretion to sentence misdemeanants to TYC, this bill did not allow it.  Now the important thing is for these bills to be fully funded.  The state must also not cut funds from county and city governments who will now be responsible for these misdemeanor offenders.  Please call your representatives to ask for full funding of HB 2807. 

Talk of tax cuts is gaining momentum at a time when these vital state services are in need of increased funding to prevent the mistreatment of juvenile offenders.  These facilities are also underserved by mental health services.  These bills address the important issues, but will not be effective unless fully funded.

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

ACTION ALERT ON CHILDREN’S HEALTH INSURANCE PROGRAM (CHIP) AND CHILDREN’S MEDICAID

SB 266 (ZAFFIRINI) SUPPORT that would, among other things, increase Medicaid coverage  from 6 to 12 months was due to be heard in Senate Health and Human Services today, but was pulled off the agenda at the last moment.   

The Substitute CSSB 266(OPPOSE) would lay out a CHIP Compromise and a compromise on 12-month coverage in children’s Medicaid and would provide “fixes” to the eligibility system in both. 

HB 109 has still not been set for hearing and this is the bill that the CHIP Coalition and LWV-TX strongly support.  

A recent report from the Health and Human Services Commission (HHSC) announced that 17,078 fewer children will be covered by CHIP in May than in April.  This is the second largest number of children ever to be disenrolled in one month, second only to immediately after state budget cuts in 2003. 

SHOULD WE BE WORRIED ABOUT RUNNING OUT OF TIME?  YES!!! KEEP UP THE PRESSURE TO SET A HEARING ON HB109.  LET THE LT. GOVERNOR AND ALL THE SENATE KNOW THAT NOT PASSING A STRONG CHIP RESTORATION BILL IS NOT ACCEPTABLE.

       

1. TRANSPORTATION

Edie Jones (Tarrant Co.)

edithjones@hotmail.com

New Information:

HB 1892 (Smith) SUPPORT  Moratorium Bill On trans Texas Corridor (includes many other toll roads). Bill passed and has gone to the Governor’s desk.  Deadline is May 14 for signature, veto, or becoming law without the Governor’s signature. Highways 1604 and 281 are included in this moratorium. Some North Texas roads which had been approved were not in the moratorium.  TXDOT and Texas Transportation disagree with the interpretation of the moratorium for North Texas roads. More planning needs to be accomplished.

 

2. JUVENILE JUSTICE

Jayne Krawietz (Midland)

jkrawietz@suddenlink.net

HB 427 (Madden) SUPPORT  This bill allows a District Attorney or County Attorney in counties with

Texas Youth Commission (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.  The bill has been voted out of committee.

HB 3309 (Bolton) SUPPORT This bill allows advocacy groups to provide information and support for sexual assault victims living in TYC facilities.  Voted out of committee and has been sent to the House Local/Consent calendar.

 


3. REPRODUCTIVE CHOICE/WOMEN'S HEALTH

Julie Lowenberg (Dallas)

jmlowenberg@sbcglobal.net

New Information:

UPDATES ON HOUSE BILLS:

HB 21 (Corte) OPPOSE has been voted favorably from the House State Affairs Committee and sent to Calendars. What you can do: If your representative is on the Calendars Committee, contact her or him with the message to keep HB 21 and any other anti-choice measures that come to the Calendars Committee from a vote on the House floor.

§         Rationale: The public is tired of the abortion debate and the targeting of women who are making difficult decisions. They are satisfied with the current law that includes consent for minors, a 24-hour waiting period, “informed consent” and a ban on late-term procedures. Any further restrictions are unnecessary.

§         Specifically regarding HB 21, this measure does nothing new to inform women about abortion or their options. Requiring women to take the “Women’s Right to Know” booklet doesn’t mean they will read it, and requiring doctors to give information over the phone rather than through a recording does not change what they would say to a patient. It is standard care in the medical community for patient education to be communicated through video or audio recordings.

HB 175 (Chisum), the so-called “trigger bill” - OPPOSE - is apparently dead. Though it was passed out of the State Affairs Committee, a fiscal note has been attached to it indicating that outlawing all abortions (if Roe is overturned) would cost the state more than $400 million in health care costs over the next three years. The cost of ending abortions in Texas would come from an estimated 63,000 more births, of which 67% are likely to be supported by Medicaid, according to the Legislative Budget Board.

HB 1098 (Bonnen)OPPOSE - has passed both Houses and been sent to the Governor’s office where he has the option to sign, veto, or let it become law unsigned after 10 days. In addition to pre-empting the Governor’s executive order mandating the Human Papiloma Vaccine (HPV) for school admission, the bill would prohibit the health commissioner from mandating the vaccine in the future (as is allowed with any other vaccines). It also postpones a legislative revisit on this issue until 2011.

HB 1131 (Zedler) OPPOSE – A substitute version was voted favorably out of the State Affairs Committee and is now in the Calendars Committee. Unfortunately, the substitute version incorporates the invasive and burdensome reporting requirements in regard to abortion care and judicial bypass that were in the original version of SB 785 (see below) and its companion, HB 1750 (which was never heard in Committee). The bill would require all physicians who provide medical care under certain circumstances to report personal information about an abortion and the patient to the Texas Department of State Health Services. In addition, it would require the public reporting of judicial bypass information by county in an apparent attempt to intimidate elected judges who rule in favor of the minor. What you can do: Contact Calendars Committee members with the message to keep HB 1131 and any other anti-choice measures that come to the Committee from a vote on the House floor. (See HB 21 rationale, above.)

HB 1379 (Deshotel)SUPPORT – has passed both Houses and been sent to the Governor’s office.

HB 1842 (Strama), the Prevention First measure – SUPPORT – has passed out of the Calendars Committee and is set for House floor debate on May 8. This is great news! What you can do: Contact your representative and ask her/him to support HB 1842 that would help prevent unintended pregnancies by expanding access to preventive health care services (including family planning services) and accurate sexuality education. 

UPDATES ON SENATE BILLS: 

SB 110 (Van de Putte) – SUPPORT - The amended version that passed the Senate has been sent to the House and referred to the Public Health Committee there.

SB 785 (Shapiro) – OPPOSE – A modified version has been passed by the Senate and sent to the House. Though some of its worst provisions were modified before Senate passage, the bill still mandates unnecessary and intrusive reporting on abortions by physicians, patients and judges. (And many of the most objectionable provisions have been resurrected in the substitute version of HB 1131 as noted above.)

SB 920 (Patrick) – OPPOSE – has passed the full Senate and sent to the House State Affairs Committee. Although the requirement that a woman seeking an abortion view the ultrasound image of the fetus has been removed, the bill still mandates a woman to “review” the image with the doctor. This begs the question: How can one review an image without viewing it? The clear intent of this bill is to discourage women from choosing an abortion. (Ultrasounds are already a routine part of abortion care, and patients who want to see the image can do so.)

 

4. WATER RESOURCES

Julia Marsden (Austin Area)

jmars80278@aol.com

GOOD NEWS!  MAJOR WATER LEGISLATION IS MOVING FORWARD! 

HB 3 (Puente) SUPPORT was passed out of Senate Natural Resources by a vote of 11-0

On April 30 and the Committee report was printed and distributed.  The bill has not as yet been placed on the Senate Intent Calendar.  HB3 is a stand alone bill that addresses environmental flows.  Although state law recognizes the importance of maintaining the health of the state’s rivers and estuaries, it does not address environmental flows.  The bill would create a basin-by-basin process for developing recommendations to meet instream needs, would require TCEQ to adopt recommendations in the form of environmental flow standards, and would create the Environmental Flows Advisory Group to oversee the process.   

HB 4 (Puente) SUPPORT, passed by the House, was sent to the Senate, and referred to Senate Natural Resources on May 7.  HB4, a water conservation bill that represents the consensus recommendations of the state’s Water Conservation Implementation Task force established by the legislature in 2003, would establish a statewide water conservation public awareness program to educate Texas residents about water conservation;  would set forth legislative policy regarding the value of land stewardship for conservation purposes; and create a Water Conservation Advisory Council to monitor the development and implementation of water conservation strategies.  The bill would also require the submission of water conservation plans by retail public water utilities that provide potable water service to 3,300 or more connections and directs that the Texas Water Development Board’s water assistance fund can be used for grants for water conservation.  

SB3 (Averitt) OPPOSE was reported favorably by House Natural Resources on a vote of 7-2 on May 2.  CSSB 3 is a heavily amended version of the original SB3.  Opposition and amendments focused on the designation of unique reservoir sites.  Eliminated were Fastrill, Little River, and Marvin Nichols. Although SB3 was originally an omnibus bill that addressed environmental flows along with water conservation it became a reservoir designation bill.  Another big issue in the bill would be protections and/or benefits for landowners whose land would be part of the reservoir designation.   

CSSB1342 (Hegar) OPPOSE known as the Edwards Aquifer legislation would establish a stakeholder process to obtain a consensus to ensure that flows of the Comal Springs and the San Marcos Springs would be protected during droughts and to encourage conservation and the development of new supplies of water to meet the increasing demands of the region’s rapidly growing population.   

Why would LWV-TX oppose this bill?  The bill would raise the cap on pumping from the Aquifer by a 100,000 acre feet in the face of a statement in the author’s statement of intent that, “there is no scientific evidence available on which the authority can base decisions regarding caps for groundwater withdrawal permits, or interruptions of regular permit withdrawals to protect the spring flows at the Comal and San Marcos Springs and downstream surface water rights during low aquifer conditions.”  It would be much more reasonable and scientifically sound to assess the impact before the current cap is raised.

 

5. NUCLEAR WASTE

Melanie Barnes (Lubbock)

melanie.barnes@ttu.edu

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.

  

6. LAND USE & FUNDING FOR STATE PARKS

Deanna Fisk (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.

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

New Information:

HB 12  (Hilderbran) SUPPORT Rep. Hilderbran, Chairman of the committee, has moved this bill out of House Culture, Recreation and Tourism.  It is the bill that transfers all historical sights from Parks & Wildlife Dept. to the Texas Historical Commission along with giving Parks Dept. more money.  The League has no position on who should take care of historical sights but we are hoping Parks Dept. gets the increase in funding they need.  HB 12 has been passed in the House and received in the Senate.

We hoped HB 6 would be the bill for this but it isn’t moving. 

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.

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 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.  Hearing 4-18, League sent testimony and signed in.  

New Information: HB 3447 passed favorably from Committee.

 

7. IMMIGRATION

Linda Hanratty (Tarrant Co.)

llswenson@yahoo.com

 

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. Referred to the House State Affairs Committee.  04/30/2007- Voted favorably from House State Affairs; 5/1/2007 - Sent to House Calendars committee.

HB 904 (Zedler) OPPOSE would prohibit the construction or operation  by a local governmental entity of a day labor center used to facility 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 a job placement purpose.  The bill was filed on January 26, 2007, and referred to the House State Affairs Committee on February 8, 2007. 04/30/2007- Voted favorably from House State Affairs as substituted; 05/02/2007- Sent to House Calendars committee; 5/8/2007 - Set on House floor calendar for 05/09/2007 as substituted.

 

8. CAMPAIGN FINANCE REFORM

Maxine Barkan (Austin Area)

mlbarkan@aol.com

New Information:

SB 64 (Zaffirini and Strama) SUPPORT was heard in the Elections Committee April 25, 2007. The bill 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. A substitute was offered to increase the ceiling to $5,000. The substitute was passed 5-0 and referred to the House Calendars Committee. This legislation would prevent large contributions close to an election and that would not be reported until after an election. The League agreed to the substitute and signed in favor of the bill. 

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. 

 

9. AIR QUALITY

Laura Blackburn (Houston)

laura2blackburn@earthlink.net

Only two of the House bills we have been following had been heard by the House Committee on Environmental Regulation by May 7. 

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.  HB 1252 was reported favorably out of the Environmental Regulation Committee on April 12.  New information:  On May 3 it was replaced in the House on second reading by its companion bill, SB 1673 (Averitt.)  HB 1252 was then “laid on the table.”  SB 1673 was passed on third reading in the House on May 4 and passed to engrossment.  The Senate had passed SB 1673 on April 12.  This will be a valuable addition to achieving clean air in Texas. 

HB 2475 (Hochberg) SUPPORT had a similar fate.  This is the House version of the “toxic hotspots” bill and, while it never had a hearing in the House Environmental Regulation Committee, companion bills SB 1855 (Gallegos) SUPPORT and SB 1906 (Ellis) SUPPORT still have a chance of passing. 

SB 12 (Averitt) SUPPORT updates the Texas Emissions Reduction Plan (TERP) and the Low-Income Vehicle Repair Assistance Program (LIRAP.)  SB 12 passed the Senate on March 21 and a hearing was held in the House Committee on Environmental Regulation on April 10. New information:  A committee substitute was offered on May 2 and it was voted favorably out of the Environmental Regulation Committee.   

SB 93 (Gallegos) SUPPORT Provides for fence-line monitoring and sets up a procedure for setting ambient air standards for highly reactive volatile organic compounds (HRVOCs).  This bill was referred to the Natural Resources Committee on January 23, and no further action has been taken. 

SB 124 (Ellis) SUPPORT requires Texas to adopt the California standards for cars and light trucks.   The bill was left pending in the Senate Natural Resources Committee after the hearing on April 10, and no further action has been taken. 

SB 529 (Watson) SUPPORT is the commonly-known “clean school bus” bill.  It passed the Senate on April 11 and was referred to the House Environmental Regulation Committee on April 12.  No further action has been taken. 

SB 1855 (Gallegos) SUPPORT establishes the “toxic hotspots” pilot program and sets ambient air standards for priority toxic air contaminants:  benzene, 1, 3 butadiene, diesel particulate matter, ethylene dichloride and nickel.  SB 1855 was heard in the Natural Resources Committee on April 17 and is still pending.   

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 establishes an Air Pollutant Watch List for various geographic areas of the state.  It was heard by the Senate Committee on Natural Resources on April 17, and passed the Senate Natural Resources Committee on April 19.  New information:  On May 3 SB 1924 was set on the Senate Intent Calendar for May 4.  It was then removed from the Senate Intent Calendar on May 4.

 

10. RECORDED VOTES

Linda Camin (Dallas)

lrcamin@tx.rr.com

New Information:

Significant progress has occurred in achieving a constitutional amendment to require the Texas Legislature to routinely record their votes and make the results readily available to the public. For the first time, the House passed such a bill: HJR 19 (Branch)! Last week, the Senate Committee on Administration voted out a committee substitute of HJR 19 (Carona) and the Senate unanimously passed it! That is the good news; the bad news is that the House and Senate versions differ: the Senate version requires recorded votes through out the legislative process and House version requires them on final passage only. Both versions are now required to go to a Conference Committee of representatives from both chambers. As of press time for this issue of the LNL, the members of the Conference Committee have not yet been named. We will let you know when the appointments are made. 

Meanwhile, special recognition to Karen Rankin, our Capitol Corp representative on Recorded Votes, who has been delivering sunshine and snickerdoodles faithfully to the legislators and their staffs. Thanks also to all of you who have been communicating with your representatives. Senator Ken Brimer, Chairman of the Committee on Administration, merits an expression of appreciation for his scheduling of the Committee hearing and vote on HJR 19 (Carona) and all the members of the Senate should be thanked for voting for it.   

Stay tuned – more to come.

 

11. CAPITAL PUNISHMENT

Gloria Suarez-Sasser (San Marcos Area)

gloriasasser@sbcglobal.net

New Information: 

HRJ 23 (Naishtat) Support Calls for a moratorium on the execution of persons convicted of capital offenses. 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. This bill was filed in November 13, 2006 and was referred to the House Criminal Jurisprudence Committee on February 6, 2007. The bill was scheduled for a hearing on April 24, 2007 and was left pending.  On April 27, 2007, the bill was voted favorably from the committee and on May 1, 2007 was referred to the House Calendar Committee.

 

12. ELECTION LAWS

Barbara Weinstein (Dallas)

gewwendt@swbell.net

HB 218 (Brown) OPPOSE Relating to requiring a voter to present proof of identification. We are waiting for a vote on HB 218 that has passed the House.  The bill has been on the Senate Intent Calendar every day since May 1 and on the Business Calendar every day since May 1.  It can be pulled for a vote at anytime. 

We will let you know the vote when it happens.

 

13. CHILDREN'S HEALTH INSURANCE PROGRAM (CHIP)

Julia Marsden (Austin Area)

jmars80278@aol.com

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

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

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

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

b.       Eliminate the CHIP asset test

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

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

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.

 

14. CHILD CARE

Marlene Lobberecht (Houston Area)

marlene@lobberecht.com

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. New Information:  Voted favorably from House Public Health as substituted 04/26/2007 and sent to House Calendars committee 05/01/2007.

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. New Information Voted favorably from House Human Services as substituted 05/03/2007.

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. Referred to Senate Education 4/03/2007.

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.  LWV-TX testimony supporting Early Care & Education provided to Senate Education Committee and voted favorably out of Committee. New Information: Received in the House April 24; sent to the House Education Committee April 27 and hearing set for 05/08/2007.

 

15. ENERGY

Susan Barrick (Lubbock)

susanbarrick@sbcglobal.net

HB 1214 (Christian et al.) SUPPORT Texas' 79th Legislature set 500 MW of “non-wind” renewable generation as a target fort the year 2015 to encourage renewable energy technology based on biomass, geothermal, solar, hydropower and other novel sources.  Implementation of this goal has lagged because legislation did not state if the 500 MW non-wind goal was mandatory or voluntary.   This bill would clear up the intent of the Legislature that 500 MW of non-wind renewable generation installed by 2015 is mandatory.  New information:  Referred to Senate Business & Finance committee on 4/17.

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

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. Passed out of the Senate onto the House on 4/19.  New Information: Referred to the House Government Reform committee, 4/24.
CSSB 663 (Hegar) SUPPORT  Producer incentives for fuel ethanol and biodiesel plants established in 2003 to use definitions and guidelines that exclude second and third generation biofuels. This bill would add a definition for "renewable diesel" to encourage production of renewable diesel fuel through the producer incentive program. New information:  Passed by Senate, sent to House Ways and Means, left pending in committee, 4/25. 

CSHB 1000 (Burnam) SUPPORT This bill would give sales tax exemptions on Energy Star appliances (as designated by the EPA and Dept. of Energy) for home and personal use two weekends each year in order to bring about energy conservation and mitigate the need for new electric generation capacity in Texas.  New information:  Passed out of the House and referred to the Senate Finance committee 4/17.

CSHB 1415 (Leibowitz, Strama, Anchia) SUPPORT 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.  New information:  The House committee report was sent to the Local & Consent Calendar on 4/30.

CSHB 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:  Referred to Senate Natural Resources committee, 5/1.

CSHB 3693  (Straus) SUPPORT Electric utilities in Texas are required to achieve energy efficiency and conservation.  This bill would reduce electrical consumption and demand and thereby protect ERCOT's reserve generating margin and prevent crises during peak load demand times. CSHB 3693 would improve and expand existing energy efficiency measures, allow better management of customer demand, update building energy codes, and require state agencies to utilize equipment and appliances that are more energy efficient.  The resulting reductions in electricity use should prevent short-term peak demand shortfalls and help avoid costly new power plants and transmission lines. New information:  Placed on General State Calendar 5/4.

 

16. REDISTRICTING

Nancy Wilson (Richardson)

wilson972@aol.com

Maxine Barkan for Nancy Wilson 

New Information:

A League-supported Redistricting bill has never made it this far in the process, as we recall, but it is still a long way from the finish.  At this point, we are holding our collective breaths waiting for the outcome of last week’s hearing in the House Redistricting Committee where all the redistricting bills are ‘pending in committee’. 

There is a rumor circulating that it is the intent of Joe Crabb, chairman of the House Redistricting Committee, to take a pass this session, and to have a special committee work on Redistricting in the interim.  The League is opposed to ‘kicking the issue down the road’ and stressed the importance of acting NOW.

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. The League testified at the Senate hearing, and SB 1068 passed  with a 20:10 vote.  The bill is now in the House Redistricting Committee, along with several other bills the League has been following. 

On May 2, the House Redistricting Committee had all the Redistricting bills on the agenda.  HB 3777(Rose) SUPPORT is the identical bill, but it appeared on the agenda as SB 1068. Sponsors were limited to two oral presentations.  No written testimony was accepted.  Rose invited the League to be one of the two presenters for SB 1068.  The early morning committee meeting was recessed for a House session before the League’s testimony.  Chairman Joe Crabb agreed to accept the League’s planned oral testimony in written form since Maxine Barkan had been present and ready to present at the specified time.  The committee hearing resumed later that evening and all redistricting bills are now ‘pending in committee’.

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