You are here: Home >> Georgetown-Hutto-Taylor >> Inside Information >> Capitol News - Texas Legislature - November 2008

Capitol News - Texas Legislature - November 2008

Attention: open in a new window.

Written by Patrick Brendel Friday, 14 November 2008

Lawmakers are setting the stage for the Texas legislative session that will convene Jan. 12, 2009. Hearings and general study are underway, using assignments from Lt. Gov. David Dewhurst and House Speaker Tom Craddick to form the basis for most legislation introduced during the spring session.

A recap of the last Texas legislative session

In the 2007 session, lawmakers passed bills that restricted state contracts with private road builders, strengthened handgun self-defense laws and brought back the Texas Tomorrow Fund in a different form. They approved a comprehensive state water policy, Bible classes in public schools and steroid testing for high school athletes. Lawmakers overhauled the Texas Youth Commission, created air quality programs and set aside $3 billion in bonds for cancer research.

Lawmakers also approved the death penalty for the worst child sex offenders, but it was later shot down by the U.S. Supreme Court.

Measures that failed included reforms to the top 10 percent rule for high school seniors, photo identification requirements for voters, slot machines at racetracks, shield laws for journalists, stem cell research funding and electronic fingerprint identification systems for monetary transactions or age verification.

In the upcoming Texas legislative session

Lawmakers and their staff members said the major topics likely to arise in the 2009 session are:

Budget A new state business tax might bring in $1 billion less than expected, and damage caused by Hurricane Ike might affect the budget by nearly $1 billion more. Pressures from the nationwide financial crisis might dissuade large new programs and cause concerns about projections of sales tax revenue.

School accountability A coalition of lawmakers proposed ending the requirement that students in grades three, five and eight must pass the TAKS test to advance to the next grade. Lawmakers are also pushing to rate schools based on a three-year average of TAKS scores, rather than only the most recent year.

Energy The Public Utilities Commission approved a huge project to build transmission lines for wind energy projects. Some lawmakers may try to build on that effort. Other areas of interest include solar power and alternative fuels other than corn-based ethanol, such as algae-based fuel.

Access to health care Texas consistently trails the rest of the nation in the percentage of residents with health insurance. Topics might include Medicaid reform and obtaining more federal dollars for children's health insurance.

Healthcare workforce There is a push to bring another medical school to the Austin area and one to the Rio Grande Valley. Also, efforts are underway to increase the number of nurses graduating from schools throughout the state.

Sunset Commission Each state agency must justify itself to the commission at regular intervals, usually every 12 years, in order to continue functioning. Sunset reviews are opportunities to scrutinize and completely overhaul the agencies. This session, the commission will review the Texas Department of Transportation, Department of Insurance, Department of Public Safety, Texas Residential Construction Commission and others.

Transportation finance TxDOT has reported a huge shortfall in funds. Specific topics might include ensuring that tax revenue dedicated to roads goes toward roads.

Toll projects Members may review the effects of 2007 legislation intended to restrict public-private partnership agreements on toll road projects.

Texas Youth Commission Investigators found systemic physical and mental abuse of inmates throughout the agency, which was placed in conservatorship in 2007 after a Sunset review. Gov. Rick Perry removed that oversight in October, but the TYC is under Sunset again in 2009. Some have already suggested abolishing the agency.

State schools There have been reports of mental and physical abuse occurring in the state school system. Some legislators would like to reduce the number of people in state schools, Child Protective Services and foster care.

School finance The state overhauled the public school finance system in 2005. Lawmakers may look at finding additional ways to bring more money to public schools to avoid possible lawsuits because the U.S. Constitution requires the state to provide equal educational opportunities.

New flagship university Lawmakers may form a study group to explore the promotion of an existing university to Tier One status. The University of Texas and Texas A&M University are currently the only two flagship universities in the state. If lawmakers do not want to be in the position of having to choose a particular campus to promote to flagship status, they might create a process, similar to bidding for the Olympics, where schools submit proposals on why they should be the next flagship campus.

Tuition deregulation The cost of attending public colleges has risen dramatically since tuition deregulation was passed in 2003. Some lawmakers might attempt to re-regulate or control tuition rates. Others might try to supplement higher education funding to prevent schools from raising tuition rates so quickly.

Top 10 percent rule Currently, Texas students who graduate high school in the top 10 percent of their class earn automatic admission to state colleges. Attempts are made every session to modify the rule.

Voter photo identification Some want to make it a requirement for voters to show photo identification at the polls, saying it will reduce voter fraud. Opponents say voter fraud of that type is virtually nonexistent and argue that a photo identification requirement will disenfranchise citizens.

Gangs and organized crime Rising violence in northern Mexico has refocused attention on controlling drug trafficking, human smuggling and cartel violence.

Texas Innocence Commission DNA exonerations of Dallas prisoners have thrown doubt upon the accuracy of eyewitness testimony and renewed calls for the creation of a state innocence commission, which would study past wrongful convictions and recommend ways to avoid them.

Air quality Lawmakers might try to combat sources of air pollution through a variety of approaches, such as giving incentives for clean technology.

Water Some lawmakers might push for a permanent funding source for future water projects. The Legislature might explore the relationship between water and energy production and transmission. Lawmakers might push for a thorough survey of the condition of the state's dams, which some feel are inadequately inspected.

Employers' liability for contractors The Texas Supreme Court is reviewing a case concerning the liability of employers for injuries suffered by independent contractors whom they hire. Lawmakers might try to address the issue through legislation, regardless of the court's decision.

Texas Lottery Proceeds from the lottery help fund public schools. Supporters say leasing the lottery to a private company will bring in more money to schools or other purposes. Opponents fear that private companies might try to exploit people with gambling problems and say that leasing the lottery will not bring in more money to schools. Lawmakers may also try to restructure the lottery in other ways.

The Legislative Budget Board

The Legislative Budget Board is arguably the most powerful group in the State Capitol, along with Gov. Rick Perry. Members are responsible for writing the rough draft of the state budget, largely determining which initiatives will not receive funding, which initiatives will receive funding and how much.

Lt. Gov. David Dewhurst, joint-chair
- Dewhurst appoints three state Senate members to the LBB. He issues interim charges for Senate committees to study. During the session, he decides the order of Senate business, recognizes who can speak and controls which bills will be discussed.

House Speaker, Tom Craddick, joint-chair
- Craddick, R-Midland, appoints two state House members to the LBB. He issues interim charges for House committees to study. During the session, the House Calendar committee decides the order of House business. Craddick recognizes who can speak and appoints the members of the Calendar committee. Representatives elect the House Speaker at the beginning of each session.
State Sen. Steve Ogden, automatic member
- Ogden, R-Bryan, chairs the Senate Finance committee, which is responsible for crafting the state's budget during the session.
State Rep. Warren Chisum, automatic member
- Chisum, R-Pampa, chairs the House Appropriations committee, which is responsible for allocating funds from the state treasury.
State Sen. Robert Duncan, appointed
- Duncan, R-Lubbock, chairs the Senate State Affairs committee, which oversees state agencies, buildings, land and employees.
State Rep. James Keffer, automatic member
- Keffer, R-Eastland, chairs the House Ways and Means committee, which is responsible for raising and levying taxes.
State Sen. John Whitmire, appointed
- Whitmire, D-Houston, chairs the Senate Criminal Justice committee, which oversees the enforcement of laws. Whitmire is the longest-serving member of the state Senate.
State Rep. Dan Branch, appointed
- Branch, R-Dallas, chairs the House Select Committee on Higher and Public Education Finance, which oversees school funding.
State Sen. Judith Zaffirini, appointed
- Zaffirini, D-Laredo, chairs the House Subcommittee on Higher Education and is vice-chair of Senate Finance.
State Rep. Sylvester Turner, appointed
- Turner, D-Houston, is the House Speaker Pro Tempore, the second-highest-ranking position in House leadership.