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Tuesday
Jun132017

What constitutional amendments will be on the November ballot?

In order for an amendment to become part of the Texas Constitution, it needs the support of the Legislature and a majority of Texas voters. Here are the seven constitutional amendments that will be on the November 2017 ballot.

BY ALEX SAMUELS JUNE 6, 2017 

The Texas Tribune

Any changes to the Texas Constitution must be approved by a majority of Texas voters.

But first, these constitutional amendments must get on the ballot — by way of "joint resolutions" that receive more than two-thirds of the vote in both chambers of the Legislature. That means a minimum of 100 votes in the Texas House and 21 votes in the state Senate.

Below are the seven constitutional amendments that will be on the November ballot. The Texas Secretary of State’s office will randomly assign each resolution a ballot number ahead of the election.

House Joint Resolution 21

What will be on the ballot: “The constitutional amendment authorizing the Legislature to provide for an exemption from ad valorem taxation of part of the market value of the residence homestead of a partially disabled veteran or the surviving spouse of a partially disabled veteran if the residence homestead was donated to the disabled veteran by a charitable organization for less than the market value of the residence homestead and harmonizing certain related provisions of the Texas Constitution.”

What it means: It would authorize property tax exemptions for certain partially disabled veterans or their surviving spouses — those whose homes were donated to them by charity for less than market value.

House Joint Resolution 37

What will be on the ballot: “The constitutional amendment relating to legislative authority to permit credit unions and other financial institutions to award prizes by lot to promote savings.”

What it means: It would allow banks and other financial institutions to conduct promotional activities — such as raffles — to encourage savings.

House Joint Resolution 100

What will be on the ballot: “The constitutional amendment on professional sports teams' charitable foundations conducting charitable raffles.”

What it means: It would expand the definition of a “professional sports team,” giving more team-connected foundations the ability to hold charitable raffles. 

Senate Joint Resolution 1

What will be on the ballot: “The constitutional amendment authorizing the Legislature to provide for an exemption from ad valorem taxation of all or part of the residence homestead of the surviving spouse of a first responder who is killed or fatally injured in the line of duty.”

What it means: This would give property tax exemptions to surviving spouses of first responders killed in the line of duty.

Senate Joint Resolution 6

What will be on the ballot: “The constitutional amendment authorizing the Legislature to require a court to provide notice to the attorney general of a challenge to the constitutionality of a state statute and authorizing the Legislature to prescribe a waiting period before the court may enter a judgment holding the statute unconstitutional.”

What it means: This would require courts to notify the state attorney general of any constitutional challenges to state laws.

Senate Joint Resolution 34

What will be on the ballot: “The constitutional amendment limiting the service of certain officeholders appointed by the governor and confirmed by the Senate after the expiration of the person’s term of office.”

What it means: Unsalaried appointees whose terms have ended but who have not been replaced would serve only until the next legislative session has ended.

Senate Joint Resolution 60

What will be on the ballot: “The constitutional amendment to establish a lower amount for expenses that can be charged to a borrower and removing certain financing expense limitations for a home equity loan, establishing certain authorized lenders to make a home equity loan, changing certain options for the refinancing for home equity loans, changing the threshold for an advance of a home equity line of credit, and allowing home equity loans on agricultural homesteads.”

What it means: This would ease restrictions on borrowing against home equity in Texas.

https://www.texastribune.org/2017/06/06/hey-texplainer-what-constitutional-amendments-will-be-november-ballot/?mc_cid=5e25f23be8&mc_eid=9004ae583b

Sunday
Jun112017

Analysis: “Texas Miracle” comes down to earth

In their just-ended legislative session, Texas lawmakers mowed through a list of politically divisive issues that could have lasting effects on how others see a state that's been known for years as a mecca for business.

BY ROSS RAMSEY JUNE 5, 2017 

The Texas Tribune

A “sanctuary city” immigration bill derided as a vehicle for institutional racism. A voter ID law designed to mollify a federal judge who found the existing law an example of intentionally discriminatory legislation. Redistricting maps repeatedly labeled intentionally discriminatory and unconstitutional by a number of other federal judges. Efforts to put more money into the public education system — and to lower local property taxes — died. So did an effort to leash local government property tax increases by requiring voter approval of hikes over a certain size.

And a fight over a “bathroom bill” and “religious conscience” legislation that businesses inside and outside Texas have warned will turn off their employees and their customers and put an economic hickey on the state known for the “Texas Miracle.”

The 85th Legislature has some 'splainin' to do if the state is going to sell that package of social, property tax and education engineering to economic development people. At the very least, state officials have a lot of public relations work to do after a bruising session. They accomplished some things, sure, but they might as well have written the marketing flyers for regional business developers in other parts of the country.

Doing what their primary voters have loudly demanded, lawmakers have risked their long-standing support from the business and economic development folks.

Politics is competitive. But so is economics.

Education, taxes, and intentional discrimination: The state of Texas is flirting with a branding problem.

Economics offered the strongest argument against the “bathroom bill” — legislation that grew from public debate over public school rules for transgender people using restrooms and other facilities that don’t match their sex at birth. In other places — notably North Carolina — related laws prompted companies to cancel expansions, sports leagues at the national and collegiate level to move tournaments and games to other states, and performing artists to cancel shows and concerts.

It wasn’t a threat that something might happen, but a threat that something that had happened — in North Carolina —might happen in Texas, too.

It was, in a phrase that turns the stomachs of people who work in chambers of commerce and visitors bureaus everywhere, “bad for business.”

Lt. Gov. Dan Patrick and others who support the legislation dismissed those concerns as overblown and contended that Texans needed protection from a menace for which they presented no evidence.

That’s not unlike voter ID, which targets a rare sort of voter fraud and ignores a much more common one — “harvesting” votes at nursing homes and centers for the elderly.

Opponents of those and other measures see them as cloaks for other objectives, ways to discriminate against transgender people on the one hand, and to discourage minority voters on the other.

And the end of the session isn’t the end of the conversation. It’s more like a change of venue — from the statehouse to various courthouses, the legislative branch to the judicial branch.

The bathroom bill didn’t make it past the Legislature. Maybe it’ll return in a special session, and maybe it won’t. Only your governor knows for sure.

But voter ID made it, and the Texas Legislature’s new version will get a going-over by U.S. District Judge Nelva Gonzales Ramos as soon as this week. She’s the judge who ruled last month that the 2011 law currently on the books intentionally discriminates against minority voters in Texas.

Redistricting lines for the state’s congressional delegation and the Texas House will be in front of judges once again in July. “Intentional discrimination” has been a regular phrase in those rulings, too.

Austin, San Antonio and other cities are already suing the state over the freshly signed sanctuary law, which doesn’t take effect until September.

The business argument that prevailed against sanctuary legislation in 2011 was that it would disrupt the labor pool in Texas, that it was discouraging to the exact kind of immigrants — people pulling themselves up by the bootstraps, to revive an aphorism — the state wants to attract, and that it would undermine community policing that many law enforcement people consider essential in safe big cities.

But the business voice on that issue was buried this year, the victim of a presidential election that emphasized immigration as a problem, a rush of conservative politicians who have noted voter disquiet about border security for years, and a distraction — the bathroom bill — for trade groups that might otherwise have been focused on sanctuary legislation.

School finance, and the local property tax relief that would be engendered by higher state spending for education, died last summer when the Texas Supreme Court said the current system was flawed, but not unconstitutional. That gave the Legislature — which never takes big steps on education spending without court orders — room to do nothing.

The other stab at property taxes — an effort to constrain local increases by giving voters better veto power — fell short, too.

Education, taxes and intentional discrimination. The state of Texas is flirting with a branding problem.

https://www.texastribune.org/2017/06/05/analysis-texas-miracle-comes-down-earth/

 

Sunday
Jun112017

Analysis: Raising money while making laws in Texas special session

A special session of the Texas Legislature reveals a hole in the state's ethics laws, allowing elected officials in Austin to make laws at the same time they're raising campaign funds — from the people most interested in those new laws.

BY ROSS RAMSEY JUNE 9, 2017 

The Texas Tribune

Gov. Greg Abbott didn’t put ethics on the list for lawmakers to consider during their special session this summer. But he set them up to put their ethics on display for the rest of us.

Lawmakers will be able to raise money during the session. Don’t think they won’t. By putting 20 issues on the list, the governor all but guaranteed the presence of lots of lobbyists. There will be fundraisers galore.

The National Conference of State Legislators is in Boston this year. In August. During the special session. Road trip, anyone?

Look at the list of issues the governor put on the call and think of the people who’ll be attracted, if for no reason but to protect their own interests. Here’s looking at you, lobbyists.

Texas officeholders aren’t allowed to accept political contributions during regular legislative sessions and for certain periods before and after one. For the 85th Legislature, that blackout started on Dec. 10 of last year and will end on June 19. Expect a frenzy to start that Monday, as political folk hit their benefactors to write big checks before the end of the month.

There’s a mid-year campaign finance reporting deadline, see, and they want to flex their fundraising muscle — especially to show potential rivals how strong they are at the beginning of the 2018 electoral cycle.

That blackout and the rush that follows are regular features of a legislative session year.

But the ban on taking money while they’re passing laws doesn’t extend to special legislative sessions. The same interests asking lawmakers for consideration are allowed to give those lawmakers political money throughout. Another way to look at it: The lawmakers asking for money are the same people considering proposals made by the potential donors.

Unseemly, isn’t it?

If it makes you feel any better, lawmakers decided a few years ago to stop accepting checks in the Capitol building itself. It’s less convenient, but they’ll never again have to weather the bad headlines they got when East Texas chicken magnate Lonnie “Bo” Pilgrim doled out $10,000 checks on the Senate floor during a special session on workers’ compensation.

When it’s over, lawmakers will be required to file special reports to show the contributions they received while they were in special session. At least we’ll know what they were doing during some of the hours when they weren’t passing laws.

And even though they’ll be in session, Austin won’t be the only place you’ll find Texas lawmakers this summer.

Not all lawmakers go to conferences, but a lot of them go to the annual meetings of the National Conference of State Legislatures and the American Legislative Exchange Council. This year, both fall during the Texas special session — coincidentally the hottest part of the summer — and will be held in the cooler climes of Denver and Boston.

Both have seminars and other work-related meetings, along with the perks common at most conventions. There’s a reception at Fenway Park, a James Taylor and Bonnie Raitt concert. And fooling around during a four-day conference might just be more enjoyable than debating and taking testimony on the 20 issues the governor put on the special session agenda. Watch for lawmakers taking mini-vacations — and for the ethics reports detailing how much Texas lobbyists spend at those events.

The lobbyists who show up at those gatherings would be there with or without a special session in Texas, but Abbott’s special-session call spoiled what might have been an offseason for them.

Special sessions can be diminished versions of regular sessions, with limited agendas that many of the regular legislative courtiers don’t care about. With his expansive list of issues, Abbott made sure a lot of those lobbyists will have to suit up this summer — i.e., any outfit with an interest in property taxes, public education or local regulation.

Lawmakers looking for dinner partners and political donors won’t have far to go this summer, whether they’re in the Capitol or at out-of-town conferences. Almost everybody who was in Austin to lobby for the 140-day regular session will be back for the special. One way or another — whether they’ve got something at risk or something to gain — they’ll be on call, feeding, entertaining and filling the campaign coffers of your elected officials.

https://www.texastribune.org/2017/06/09/analysis-special-session-promises-seminar-texas-political-ethics/

 

Sunday
Jun112017

Here's what Gov. Greg Abbott has said — or not said — about special session items

Some of the 20 topics Gov. Greg Abbott is asking the Texas Legislature to consider during a special session have been his priorities since his State of the State Address in January. On some of the other topics, though, he's been relatively quiet. 

BY ANDY DUEHREN JUNE 8, 2017  

The Texas Tribune

When Gov. Greg Abbott announced Tuesday that he was calling back the Texas Legislature for a special session, he promised to “make it count,” setting a wide-ranging agenda of 20 issues for lawmakers to consider beginning July 18.

Some of the topics, including school finance reform and property tax reform, have been on Abbott’s legislative wish list since his State of the State address in January, while others have received little or no recent mention from the governor.

Abbott stipulated that lawmakers must first pass “sunset” legislation to reauthorize several key state agencies before he will allow them to turn to the other topics, which range from municipal annexation to a controversial “bathroom bill.” Abbott's office did not respond to a request for comment Thursday morning. 

Here’s a look at Abbott’s previous comments on those topics.

Public schools — and bathrooms

Easily the most controversial topic of the regular session was Senate Bill 6 — the "bathroom bill" — which would have required transgender Texans to use bathrooms in government buildings and public schools that match their “biological sex” and prohibited local governments from adopting or enforcing local bathroom regulations. While Abbott remained silent on SB 6, he did signal support for another bill — House Bill 2899 — that would have nixed existing municipal and school district trans-inclusive bathroom policies and prevent locals from enacting any new policies. He nodded to HB 2899 during his special session announcement.

Two of Abbott's items focus on public school teachers: one that would raise their salaries by $1,000 and one that would grant school administrators more flexibility over teacher hiring and retention. Abbott discussed local school control and teacher quality during his 2015 State of the State address: “We can bring out the best in all of our teachers by getting rid of these one-size-fits-all mandates and trusting our teachers to truly educate students in the classroom ... We must also return genuine local control to the school districts in Texas.” In 2014, before he was governor, Abbott called for paying teachers up to $2,000 more per year if their students performed well on Advanced Placement tests. More recently, he’s been quiet on raising salaries for teachers.

After the Texas Supreme Court ruled in 2016 that the state's school finance system was constitutional — but critically flawed — Abbott backed school finance reform in his 2017 State of the State address in January: “Both the House and the Senate are right to tackle the vexing issue of school finance now rather than putting it off ... It is time to construct an entirely new system. With a sense of urgency, we must create better ways to fund education.”

One contentious issue that contributed to the demise of school finance reform efforts during the regular session was "private school choice" for special-needs students. Abbott added it to the special session agenda after having endorsed the idea in December 2016. "It would be far more efficient to provide that money to parents for them to choose which school is best for their child, knowing that, in the City of Houston, for example, where there are hundreds of schools, there may only be 10 that have the resources and capabilities of addressing the special needs of that particular parent's child,” he said. He also generally backed "school choice" during his 2017 State of the State address.

Property taxes and local regulations

Efforts to change the process for property appraisal and tax rate increases collapsed during a standoff between the House and Senate during the final days of the legislative session, but lawmakers are set to have another shot in July. Abbott called for rollback elections for property tax increases during his State of the State address in 2017: “We have to remember, property owners are not renting their land from the city. That is why we need property tax reform that prevents cities from raising property taxes without first getting voter approval.” 

Abbott also asked lawmakers to address local regulations on spending, trees on private land, construction project rules and permitting. The governor has broadly criticized local regulations but has not addressed all of these items recently. Earlier this year, he publicly pushed for an end to local rules regulating what property owners do with trees on private land, but he has been quiet on local construction rules (his special session call includes "preventing local governments from changing rules midway through construction projects"). In a 2015 opinion piece in Forbes, Abbott wrote that he wanted to “speed up the permitting process to help businesses get their projects done faster,” which echoes his comments in his call for a special session.

Abbott wants the Legislature to address municipal annexation rules during the special session after a Democratic filibuster killed a bill meant to allow Texans to vote if a city wanted to include their property in its borders. He’s been quiet on that issue.

Although he just signed a bill instituting a statewide texting-while-driving ban, Abbott has asked lawmakers to pass legislation during a special session stating that the statewide ban overrules any local regulation on the issue. He advocated for such a pre-emption during the session.

Abortion, health and medicine

The special session agenda includes three items relating to abortion policy in Texas: barring taxpayer funding from subsidizing health providers that perform abortion, requiring women to obtain separate insurance policies for non-emergency abortions and increasing reporting requirements for when health complications arise during abortions. During his 2017 State of the State address, Abbott promised to embrace any legislation that “protects unborn children and promotes a culture of life in Texas.”

At the end of his Tuesday announcement, Abbott asked the Legislature to extend a task force dedicated to studying maternal mortality in Texas. Abbott has not been particularly vocal on the topic in the past; a previous statement to the Tribune from spokesman John Wittman said Abbott is “committed to reducing the maternal mortality rate.”

He also put legislation that would strengthen patient protections relating to do-not-resuscitate orders on the agenda. He's been quiet on that topic.

Government and elections

During the special session, Abbott wants lawmakers to prohibit the use of taxpayer dollars for collecting public employee union dues. He addressed the topic during his 2017 State of the State address: “We must end the practice of government deducting union dues from paychecks of employees. Taxpayer money shouldn’t be used to support the collection of union dues."

The Legislature used part of its regular session to pass a bill that curbs voter fraud at nursing homes and widens ballot access to elderly Texans who live in them. Abbott wants further action during the special session asking for a bill "cracking down on mail-in ballot fraud." In late 2016, after the state began investigating alleged mail-in ballot voter fraud in Tarrant County, he tweeted, “We will crush illegal voting."

https://www.texastribune.org/2017/06/08/what-greg-abbott-said-special-session-agenda/?utm_source=Texas+Tribune+Master&utm_campaign=66617cc1b6-trib-newsletters-the-brief&utm_medium=email&utm_term=0_d9a68d8efc-66617cc1b6-101185189&mc_cid=66617cc1b6&mc_eid=9004ae583b

 

Sunday
Jun112017

Analysis: A governor taking back the spotlight

Gov. Greg Abbott snatched the spotlight from his rivals with a long, long list of priorities for a special legislative session — one that takes care of must-do legislation and buries everything else. 

BY ROSS RAMSEY JUNE 6, 2017 

The Texas Tribune

Gov. Greg Abbott’s call for a special July-August session gives you a clue — through the timing and the subject matter — as to what problem he hopes to solve.

He wants to erase the notion — a popular idea in the Texas Capitol — that he’s not in charge.

Abbott laid out a bewildering list of ideas for lawmakers to consider in a special session, but put his real emphasis on only one — unpassed legislation that would keep the Texas Medical Board and a handful of other agencies in business after the end of the current budget cycle.

That effectively buries the priorities of his unofficial rival, Lt. Gov. Dan Patrick, who stalled that agency-preserving legislation in an effort to win passage of a couple of pet issues — a “bathroom bill” and restrictions on local property tax increases.

And it puts Abbott back in charge. The regular session belonged, in large measure, to the lieutenant governor: He had an expansive agenda and his issues, for the most part, framed that 140-day venture.

Now the agenda belongs to the governor again. Abbott’s focus is first on the thing that must be done; then and only then, he said, can lawmakers work on an astonishing, almost ridiculous (given the allotted time) avalanche of issues — including Patrick’s, somewhere in the pile — that he’s willing to add to the agenda.

If the point of a special session is to reach agreement on something — property taxes, bathrooms, school finance, the issue of your choice — there’s no reason to start unless you can see the finish. That would be a good reason not to call a one-issue session on the bathroom bill, which stymied lawmakers earlier this year.

That issue is on Abbott’s list, but it must compete with others in that unruly crowd of priorities. Instead of asking lawmakers for the agencies and nothing else, he offered them a shot at everything in the pantry in return for the only bills that have to pass.

The timing of the special session isn’t surprising. It gives lawmakers six weeks to chill out, but it will take place as they are raising political money and making their calculations for the coming electoral season. The session, running from mid-July to mid-August, would end before the new fiscal year starts on Sept. 1 and comes in time to endanger incumbents and embolden challengers. Candidates will file for the 2018 elections from Nov. 11 to Dec. 11, presumably taking the results of the regular and special sessions into account. The primaries are on March 6 of next year.

The surest outcome in bringing the Legislature to Austin on so many issues will be to draw distinctions — to show who’s on what side. That can be politically useful entering an election year. But if you’re looking for policy solutions — for new laws, for remedies to problems, for tax relief — it’s not a formula for success. Some of these things might never come to a vote. Having this many issues in one month would press even a cooperative Legislature, and the 85th hasn’t exhibited many signs of collaborative harmony.

Texas lawmakers left Austin last month in foul humor. That last day, with its pushing and shoving among some of the men on the House floor, was no “Come, let us reason together” celebration.

This all started with the Senate’s hostage-taking, with Patrick’s promise to stall must-pass bills to force votes on restroom restrictions for transgender Texans and on local governments’ ability to raise property taxes without voter approval. He didn’t win on either issue — and he engineered the failure of legislation that would have kept the Texas Medical Board and other agencies operating through the state’s next two-year budget.

Abbott was stuck. He had to call lawmakers back to keep those agencies open. Calling lawmakers back always opens the window for supplicants inside and outside the Legislature who didn’t get what they wanted out of the just-ended regular session. Since lawmakers unclenched their fists and went home on Memorial Day, Abbott has heard calls for special session consideration of restrooms, property taxes, annexation laws, redistricting and even the things that made his list.

He could have stopped his special session call at the agency bills, doing what’s compulsory and leaving the discretionary issues to the 86th Legislature that convenes in 2019. It would only take a couple of days.

Bada-bing, bada-boom.

Everything else requires prep work. The bathroom issue has been in public political discussion for a year. Conservative voters and businesses are split, and the Republican majority in the Legislature is split, too. Importantly, Patrick and House Speaker Joe Straus disagree on it, and nobody from Abbott on down the line was able to reconcile their views before the end of the regular session.

In fact, if you rank the potential special-session subjects in order of their likely success, Patrick’s top issue — the bathroom bill — sits solidly in last place. The sunset bills that would rescue those state agencies are comparatively easy.

Anybody hoping to pass other bills will be hacking through a thicket. Abbott’s list is extensive — and diffusive, knocking the focus away from any one particular issue by surrounding it with a daunting inventory of distracting legislative playthings (the descriptions are the governor's):

  • Teacher pay increase of $1,000      
  • Administrative flexibility in teacher hiring and retention practices
  • School finance reform commission
  • School choice for special needs students
  • Property tax reform
  • Caps on state and local spending
  • Preventing cities from regulating what property owners do with trees on private land
  • Preventing local governments from changing rules midway through construction projects
  • Speeding up local government permitting process
  • Municipal annexation reform
  • Texting while driving preemption
  • Privacy
  • Prohibition of taxpayer dollars to collect union dues
  • Prohibition of taxpayer funding for abortion providers
  • Pro-life insurance reform
  • Strengthening abortion reporting requirements when health complications arise
  • Strengthening patient protections relating to do-not-resuscitate orders
  • Cracking down on mail-in ballot fraud
  • Extending maternal mortality task force

They’ll have 30 days for all of that, and they can’t start until that “sunset” legislation has passed. It’s almost a guarantee that some of those ideas will wither on the vine — and it gives both the House and the Senate ample opportunity to starve legislation they don’t like.

“If they fail, it’s not for lack of time,” Abbott said at the end of his announcement. “It would be because of a lack of will.”

That might be generous: It’s an awfully long list.

https://www.texastribune.org/2017/06/06/analysis-governor-taking-back-spotlight/