Institute for Legislative Analysis

Victoria Neave Criado

The Tinderholt amendment #9 to a resolution adopting rules for the House of Representatives. This amendment allows the sponsor of a bill that is in a committee to request a roll call vote, whereby each lawmaker is on record, on whether to pass the bill or not. This rule applies if a bill has received a public hearing. Support is the Limited Government Position as this amendment helps increase government transparency and accountability by helping ensure government is accountable to the people.

Strengthening Government Transparency and Accountability by Requiring Roll Call Votes for Committee Amendments.

The Herrero amendment #45 to the appropriations bill. This amendment prohibits any funds in the bill from being used for school choice programs, including school vouchers, education savings accounts, tax credit scholarships, or grants that allow students to attend private schools. Oppose is the Limited Government Position as this amendment worsens educational outcomes for all students by blocking competition and a market in education, which encourages schools to provide the best education so they can attract parents to enroll their child and receive the associated funding.

Blocking School Choice by Prohibiting Any Appropriations within the Budget for School Choice Programs.

This bill, the Property Tax Relief Act, contains a couple key provisions designed to limit increases in property taxes. Most notably, the bill lowers the appraisal cap from 10% to 5% and would expand the cap to also include business property owners, such as restaurants and apartment complexes, rather than just residential. Support is the Limited Government Position as this bill helps protect homeowners and businesses from even greater levels of taxation. While this bill serves as a step in the right direction, lawmakers should advance additional reforms to provide broad-based property tax relief, which will help spur economic growth.

Protecting Homeowners and Businesses from Spiking Property Taxes by Limiting Annual Property Assessment Increases.

This motion tables (defeats) the Tinderholt amendment #1 to a property tax relief bill. The Tinderholt amendment would provide $20 billion in property tax relief through a reduction applied equally across all school districts. Oppose is the Limited Government Position as this this motion denies Texans a significant broadly applied property tax cut which would make housing more affordable and help spur economic growth.

Denying Texans Significant Property Tax Relief by Blocking a $20 Billion Tax Cut.

This bill serves as the enabling legislation for constitutional amendment HJR 3. Through this bill and the constitutional amendment, a $3.4 billion research endowment is created for Texas State University, Texas Tech University, the University of Houston and the University of North Texas. The funds for the bill will come from the state's Economic Stabilization Fund, commonly referred to as the "rainy day" fund. Oppose is the Limited Government Position as any excessive monies within the state's rainy-day fund should be returned to taxpayers through tax cuts, not woke universities. While it is a necessary role for government to provide quality K-12 education - ideally through school choice - college and university-level education should be funded through user fees (i.e. tuition) by those who wish to pursue their selected career path. These enormous costs should not be imposed on individuals who elect to pursue activities other than higher education, such as those who start their own businesses or work in the trades.

Raiding the State's Rainy Day Fund to Channel over $3.4 Billion in Additional Funding to Woke Universities.

This bill, the Texas Regulatory Consistency Act, prohibits local governments across the state from imposing additional regulations in various fields already regulated at the state level, such as agriculture, labor, and property. The bill also prohibits local governments from enacting any ordinance or rule that conflicts with state law. Support is the Limited Government Position as this bill strengthens both property rights and individual liberties. While some may argue this bill undermines "local control", our founding fathers only recognized three entities within the U.S. Constitution - federal government, state government, and the individual. It is not the role for any level of government to unduly infringe the rights of individuals, therefore making preemption measures, such as this bill, necessary.

Combatting Government Overreach by Prohibiting Local Governments from Imposing Additional Regulations on Certain Sectors.

This resolution amends the state constitution to authorize counties to grant property tax exemptions to physicians who provide services to indigent patients. The tax exemption may cover up to 50% of the assessed value of a physician's homestead. Oppose is the Limited Government Position as all state and local tax codes should be constructed in a broadly applied manner with as low of rates as possible for everyone. The tax cronyism dilutes the tax base, thus increasing tax burdens on all other property owners not favored by government.

Increasing Tax Burdens on other Property Owners through a Crony Carveout Providing Physicians a Tax Exemption if they Provide Indigent Services.

This bill extends the duration of postpartum coverage provided under Medicaid (government-provided healthcare) from 60 days to 1 year, which is estimated to cost an additional $381 million over the next five years. Oppose is the Limited Government Position as this bill further grows government dependency under the state's Medicaid welfare program. The state must pursue every available avenue to reign in its out-of-control spending, which, when coupled with the over $185 trillion federal liabilities, represents the greatest existential threat facing this country.

Increasing Government Dependency and Ballooning Medicaid Welfare Spending by an Additional $381 Million by Hiking Postpartum Benefits from 60 Days to 12 Months.

This bill creates an additional alternative pathway for electricians to obtain an occupational license. Under the bill, an aspiring electrician may complete a career and technology education program as opposed to the 4,000 hours of training otherwise required. These programs can be offered by public or private schools and colleges and universities. Support is the Limited Government Position as this bill serves as a step in the right direction to reducing unnecessary employment barriers. Ultimately, the private sector, via certifications, rating systems, and the free market, is much better equipped to provide consumer protection while also ensuring competition and low consumer costs. Most government licensing entities are overly restrictive and are largely advocated by special interests seeking to restrict competition in the marketplace.

Reducing Employment Barriers and Expanding Competition through an Alternative Licensing Pathway for Electricians.

This bill provides $100 million in funding to establish a new state border policing unit made up of commissioned peace officers. Funding is also directed to a number of initiatives designed to boost border security such as detention facility upgrades, temporary border barriers and compensation to certain property owners impacted. Support is the Limited Government Position as ensuring public safety and national defense is arguably the most important role of government. Failure to secure our nation's border not only has catastrophic implications on the ability to maintain law and order, but also creates countless other issues ranging from welfare to the education system.

Strengthening National Security and Helping to Combat Illegal Immigration and Human Trafficking Through Additional Border Security Funding and Property Owner Compensation.

This bill authorizes a greater range of local taxing entities to provide tax freezes for seniors or individuals with disabilities. Previous law only provided school districts, counties, municipalities and junior college districts with the ability to provide a freeze, while this bill expands the authority to all local taxing units. Oppose is the Limited Government Position as while the intent of this bill is noble, all state and local tax codes should be constructed in a broadly applied manner with as low of rates as possible for everyone. Providing a property tax freeze for one set of individuals inevitably results in tax burdens being shifted to other property owners not favored by government. Additionally, this bill merely masks the underlying cause for rapidly rising property taxes - out of control government spending.

Increasing Property Tax Burdens by Implementing a "Freeze" for Certain Older Individuals which Merely Shifts Burdens onto other Property Owners and Masks Underlying Spending Problems.

This bill changes the way the "no-new-revenue tax rate" is calculated by referencing the Texas Education Code. This new calculation will result in a higher rate (ultimately higher taxes) by including other funding within the formula. Oppose is the Limited Government Position as this bill places even greater tax burdens on property owners and further grows government. Instead of gaming property tax calculations, lawmakers should work to make housing more affordable by lowering property taxes and cutting the out-of-control spending at all levels of government.

Hiking Property Taxes by Gaming the Calculation of the "No-New Revenue" Property Tax Rate.

This bill, the Texas Sports and Entertainment Recovery Act, legalizes online sports betting. Under the bill, Texas would join neighboring states Arkansas and Louisiana which have legalized sports gambling. The bill imposes a 15% tax on adjusted gross wagering revenue, with some of the revenue utilized for addiction treatment and all remaining funds dedicated to property tax relief. Support is the Limited Government Position as individuals - not bureaucrats - should have decision rights over how to utilize the fruits of their labor - even when it comes to risky endeavors such as betting. Not only does this measure provide desperately needed property tax relief which will make housing more affordable, but it also helps eliminate the financial fraud and other significant societal harms that the current black market in gambling presents to Texans.

Strengthening Individual Liberties and Lowering Property Taxes by Legalizing Online Sports Betting.

This bill would allow a limited number of casinos to operate in the state. The bill imposes a 15% tax on gross casino gaming revenue and 10% on gross sports wagering revenue, with 80% of the casino gaming tax revenue allocated to support education. Support is the Limited Government Position as individuals - not bureaucrats - should have decision rights over how to utilize the fruits of their labor - even when it comes to risky endeavors such as betting. This measure also helps eliminate the financial fraud and other significant societal harms that the current black market in gambling presents, while allowing the state to generate additional revenue, as seen in states such as Tennessee, which has reportedly raised $73.7 million in tax revenue since legalizing online sports betting in November 2020.

Strengthening Individual Liberties and Growing the Tax Base by Allowing Casinos to Operate in the State.

This bill requires anyone who provides sewage disposal system pumping services in the state to become licensed and empowers the Texas Commission on Environmental Quality to determine the qualifications. Oppose is the Limited Government Position as the state already has certain licensing and regulatory protections in place surrounding septic tanks and this measure represents an excessive employment barrier. Ultimately, the private sector, via certifications, rating systems, and the free market, is much better equipped to provide consumer protection while also ensuring competition and low consumer costs.

Increasing Employment Barriers and Reducing Competition by Forcing Sewage Disposal Pump Technicians to Obtain a License.

This bill prohibits local governments across the state from imposing any ordinances which directly regulate greenhouse gas emissions, with the state given exclusive regulatory authority. As a result, the bill would preempt local regulations that restrict greenhouse gas emissions. Support is the Limited Government Position as this bill protects economic growth by ensuring regulatory certainty and combatting local government overreach. While some may argue this bill undermines "local control", our founding fathers only recognized three entities within the U.S. Constitution - federal government, state government, and the individual. It is not the role for any level of government to unduly infringe the rights of individuals, therefore making preemption measures, such as this bill, necessary.

Protecting Against Local Government Overreach by Ensuring Only the State Can Regulate Greenhouse Gas Emissions.

This bill allows counties and municipalities which have established a "reinvestment zone" (i.e. tax increment financing) the ability to also utilize the funds to subsidize "legacy homeowners". As a result, individuals who have owned their property for at least 7 years and experienced a significant increase in their property taxes (due to a rise in their home value) would be eligible to have a portion of their property taxes subsidized. Oppose is the Limited Government Position as government central planning schemes such as tax increment financing should not be deployed in the first place. This measure merely worsens the cronyism by further distorting the tax code and providing advantages to select homeowners. Government should instead ensure property taxation is conducted in a broadly applied manner without carveouts and as low of rates as possible for all property owners.

Worsening Tax Cronyism by Providing Subsidies for Certain "Legacy Homeowners" in Government-Created Reinvestment Zones.

This bill, the Medical Freedom Act, expands on the state's Right to Try Act passed in 2015, which applied to individuals with terminal illnesses. Under this bill individuals with a severe chronic disease are also given the "right to try" an investigational drug, biological product, or device that has completed phase one of a clinical trial but is not yet approved by the FDA, if certain conditions are met. The bill also provides protections for doctors and manufacturers by providing legal immunity from any harm or injury that results from using the investigational product and ensures doctors can recommend such products without facing any disciplinary actions from the state's professional licensing board. Support is the Limited Government Position as this measure strengthens individual liberties and medical freedom by ensuring patients and their doctors - not government bureaucrats - are the ones making decisions over treatment and healthcare.

Strengthening Individual Liberties and Medical Freedom by Providing the "Right to Try" Experimental Drugs to treat Severe Chronic Diseases.

This bill requires homeowner's, renter's, and condominium owner's insurance policies that include replacement cost coverage to pay 80% of the repair or replacement cost of a claim upfront, minus the deductible. Once documentation is provided showing that the repair or replacement is complete, and any deductible has been paid, the remaining balance is to be paid. Oppose is the Limited Government Position as this bill further grows the regulatory state and government interference in the free market. While there is a role of government to protect individuals from fraudulent practices, this overreach significantly adds to the already overregulation of the insurance industry, limiting policy options and driving up costs for both businesses and consumers.

Growing Government Regulation of Property Insurance Through a New Mandate Requiring Payment of 80% of Replacement Value Up Front.

This bill provides for the Centennial Parks Conservation Fund, created this legislative session via a constitutional amendment, to be used to purchase land "for the creation and improvement of publicly accessible state parks." The state budget included $1 billion in funding for this purpose. The state is currently tasked with managing and maintaining over 13 million acres of land under its control. Oppose is the Limited Government Position as the private sector is best equipped to manage and maximize land utilization - including for parks. Further growing government control and ownership of land merely drives up taxpayer costs and leads to further government spending initiatives.

Further Growing Government's Unsustainable Land Holdings through a $1 Billion Centennial Parks Conservation Fund Program.

This bill allows localities to implement a property tax credit equal to at least 50% of the value of property used for childcare services. Only facilities in which at least 20% of the children receive subsidized childcare services are eligible. Additionally, if the property owner leases the property to a childcare facility, the rent charged must be reduced to reflect the tax credit received. Oppose is the Limited Government Position as this bill further dilutes the tax bases resulting in higher property tax burdens on other property owners to make up for the lost revenue. Instead of attempting to socialize childcare costs, lawmakers should instead empower the free market to make childcare more affordable and accessible by reducing regulations and other anti-competitive measures.

Hiking Property Taxes through a New Tax Exemption Scheme which Socializes Childcare Facility Costs.

This bill requires all restaurants to display a "food allergen awareness" poster for employees, with the content to be determined by the Department of State Health Services. Additionally, food education and training programs are now required to include food allergy information, and a food manager certificate examination must include this information. Oppose is the Limited Government Position as while well intentioned, the private sector (such as non-profit entities) is much more effective in educating the public and food establishments about the dangers of food allergens and providing the necessary materials and awareness. The government regulatory and nanny state should not be continually expanded to perform an endless list of duties such as this measure.

Growing the Regulatory State through an Excessive "Food Allergen Awareness" Poster Mandate on all Restaurants and Food Establishments.

This bill amends existing law to make additional local entities eligible to receive sales and use tax revenue to subsidize hotels and convention centers. Specifically, the bill expands eligibility to non-profit corporations acting on behalf of a municipality. Oppose is the Limited Government Position as all state and local tax codes should be constructed in a broadly applied manner with as low of rates as possible for everyone. This and other government central planning and tax cronyism schemes merely dilute the tax base which results in higher taxes on all other individuals and products to make up for the lost revenue.

Worsening Cronyism by Expanding Local Subsidies for Hotel and Convention Centers.

This bill allows public higher education institutions (state colleges and universities) to adopt policies which allow for the termination of tenured faculty for reasons such as "professional incompetence" or "conduct involving moral turpitude". Support is the Limited Government Position as all individuals holding positions funded by taxpayers should be held accountable and perform their duties to the standards set by the state. This bill serves as a step in the right direction at restoring some accountability at the state's institutions of higher education, which have largely turned into stages promoting radical social and political agendas.

Ensuring Colleges and Universities can Remove Poor-Performing Professors by Restricting the Use of Tenure.

This bill prohibits public institutions of higher education (colleges and universities) from funding or operating any Diversity, Equity, and Inclusion (DEI) Office. Furthermore, the bill bans institutions from conducting diversity trainings or asking prospective job applicants to provide diversity statements. Support is the Limited Government Position as it is a role for taxpayers to fund K-12 education - not advanced degrees for select individuals who decide to pursue higher education. This bill serves as a step in the right direction to protecting taxpayers and reducing politicalization at state colleges and universities.

Protecting Taxpayer Funds from Being Utilized for Politicized "Diversity, Equity, and Inclusion" (DEI) Offices at Public College Campuses.

The Zwiener amendment #14 to a bill prohibiting Diversity, Equity, and Inclusion offices at public colleges and universities. The amendment adds language requiring each public college and university to be committed to an environment of "racial, ethnic, and religious diversity that reflects the racial, ethnic, and religious diversity of the state of Texas." Oppose is the Limited Government Position as it is a role for taxpayers to fund K-12 education - not advanced degrees for select individuals who decide to pursue higher education. However, if taxpayer funds are provided to state institutions of higher education, their usage should be based on merit, not racial or religious discrimination.

Advancing Affirmative Action by Mandating College Campuses Represent the Racial, Ethnic, and Religious Diversity of Texas.

The Tinderholt amendment #1 to a bill prohibiting public colleges and universities from establishing a diversity, equity, and inclusion (DEI) office. The amendment eliminates language in the bill which forces public institutions to make efforts to reassign employees whose positions will be eliminated due to the bill's prohibition on DEI offices. The amendment also eliminates the requirement that the Texas Higher Education Coordinating Board conduct an annual study on the impact of the bill on students, broken down by categories such as race, gender identity, and sexual orientation. Support is the Limited Government Position as an endless number of private sector employees have lost their positions or faced similar employment challenges. All government positions should be staffed with the most qualified applicants for the given role, not filled by individuals merely seeking work due to job loss - especially those in formerly radical politicized positions surrounding Diversity, Equity and inclusion.

Fighting Back Against Efforts Designed to Weaken the DEI Bill by Forcing Taxpayers to Fund DEI Studies, Retaining DEI Employees, and Delaying Implementation of the Bill.

This bill exempts multiple products from the state's sales and use tax, including diapers, feminine hygiene products, maternity clothing, breast milk pumping products, and baby bottles. Oppose is the Limited Government Position as all state and local tax codes should be constructed in a broadly applied manner with as low of rates as possible for everyone. While well intentioned, this measure ultimately dilutes the tax base and shifts tax burdens onto other products and individuals not favored by government. Instead of merely engaging in tax cronyism, lawmakers should work to make all products more affordable for consumers by significantly cutting government spending.

Diluting the Tax Base and Shifting Tax Burdens onto other Products and Individuals through Special Sales Tax Exemptions for Tampons, Menstrual Products and Baby Items.

This bill, the Texas Jobs, Energy, Technology, and Innovation Act, provides select businesses which meet certain investment thresholds and job requirements with property tax exemptions. Under the bill, businesses will receive tax exemptions ranging between 50% and 75% for a period of 10 years, and a 100% tax exemption during the construction phase. Oppose is the Limited Government Position as all state and local tax codes should be constructed in a broadly applied manner with as low of rates as possible for everyone. This and other tax cronyism schemes merely dilute the tax base which results in higher taxes on all other individuals and products to make up for the lost revenue. The free market (by lowering taxes for all businesses) can provide much greater returns on investment than this central planning by politicians.

Expanding Cronyism and Enriching Government-Favored Corporations through a New Property Tax Exemption Scheme.

This bill provides that a person who sells or leases a vehicle weighing at least 6,000 lbs. is not liable for not retrofitting the vehicle with equipment, or selecting certain equipment, that was not required under federal regulations when the vehicle was manufactured or sold. Support is the Limited Government Position as this measure helps protect against frivolous litigation devised by ambulance chasing plaintiffs' attorneys which ultimately drives up costs for businesses and consumers.

Protecting Truck Rental Companies from Frivolous Litigation for Not Retrofitting Trucks with Safety Equipment Upon their Sale.

This bill allows retired judges who have a handgun license to carry a firearm into restricted places, such as courthouses, schools, and polling locations. Support is the Limited Government Position as disarming individuals through pointless "gun control" measures merely make law-abiding citizens targets to criminals who do not abide by the law. And while all law-abiding individuals should be permitted to exercise their Second Amendment rights and defend themselves in these locations, this bill serves as a step in the right direction in helping protect individuals who may be at elevated safety risks.

Strengthening Self-Defense and Public Safety by Authorizing Retired Judges to Carry a Firearm into Courthouses and Other Restricted Places.

This bill updates the Residential Construction Liability Act to provide additional liability protections for contractors. Under the bill, contractors are not liable for residential construction defects unless actual physical damage occurs, part of a building is unable to be used for its intended purpose, or there is a verifiable danger to the residents. Contractors are also not liable for damages that result from a failure to provide timely notice of a defect. The bill also amends various provisions related to lawsuits arising from construction defects, such as allowing contractors additional time to make a settlement offer. Support is the Limited Government Position as this measure helps maintain housing affordability by reducing frivolous construction related litigation which drives up costs for developers and consumers.

Reducing Frivolous Litigation by Updating the Residential Construction Liability Act to Limit Liability and Provide Clarifications.

This bill amends the licensing requirements for Heating, Ventilation, and Air Conditioning (HVAC) technicians by establishing an alternative pathway to become licensed. The bill recognizes completion of a career and technology education program at a public school or institution of higher education as satisfying the certification training program requirements for licensure. The bill also provides for a waiver of any renewal fee and reduction in the number of required continuing education hours for technicians who provide instruction in a career and technology education program. Support is the Limited Government Position as this bill serves as a step in the right direction to reducing unnecessary employment barriers. Ultimately, the private sector, via certifications, rating systems, and the free market, is much better equipped to provide consumer protection while also ensuring competition and low consumer costs. Most government licensing entities are overly restrictive and are largely advocated by special interests seeking to restrict competition in the marketplace.

Reducing Employment Barriers and Expanding Competition Through an Alternative Licensing Pathway for HVAC Technicians.

This bill allows individuals who are not alcohol permit or license holders to sell wine to restaurants, provided the wine is at least 20 years old and still sealed. The restaurant may then sell the wine for on-premises consumption. Support is the Limited Government Position as this bill expands consumer choice and individual liberties while also removing an unnecessary restriction on alcohol sales.

Expanding Individual Liberties by Allowing Individuals to Sell Sealed 20+ Year Old Wine to Restaurants.

This bill provides rideshare companies (such as Uber and Lyft) with legal immunity from any harm or injury caused by a driver, provided the company has followed all applicable laws, unless a person can show gross negligence by "clear and convincing evidence." Support is the Limited Government Position as protecting business operators from frivolous litigation due to factors outside of their control is critical to ensuring their operation and maintaining low consumer costs.

Reducing Frivolous Litigation by Providing Liability Protections to Rideshare Companies.

This bill establishes a new health insurance mandate relating to "biomarker testing" which is applicable to all private policies offered in the state and Medicaid. Specifically, the bill requires all policies to cover biomarker testing to diagnose, treat, manage, or monitor a person's disease or condition if the test is supported by "medical and scientific evidence." Oppose is the Limited Government Position as each and every health insurance mandate or price control on co-payments prevents an individual from selecting a plan with just basic or customized coverages to fit their specific needs. As a result, health insurers are forced to only offer costly plans loaded with coverages that most individuals do not need. This can result in lower-income or younger individuals choosing to purchase no insurance plan at all due to the high cost.

Increasing Health Insurance Premiums by Mandating All Policies Provide Coverage for Biomarker Testing.

This bill is designed to curb illegal immigration by allowing the Governor to establish an interstate compact for border security with any interested states for the purpose of sharing intelligence and resources to build a physical wall along the U.S.-Mexico border. Support is the Limited Government Position as the promotion of an open-border immigration system places an immense strain on U.S. infrastructure and taxpayer resources, ranging from welfare to the education system, while also creating serious national security and human trafficking issues. Lawmakers should focus on growing the U.S. economy through reforms to the immigration system that both increase the number of skilled individuals who may enter and work in our country and reduce human trafficking across our borders.

Strengthening National Security by Creating an Interstate Compact for Border Security to Help Combat Illegal Immigration and Human Trafficking.

This bill, the Creating a Respectful and Open World for Natural Hair (CROWN) Act, makes a person's hair texture or hairstyle a protected characteristic if is commonly associated with a particular race. CROWN applies to public schools and institutions of higher education, employment, and housing. Oppose is the Limited Government Position as this bill serves as a new tool by plaintiffs' attorneys to subject business owners and housing providers to frivolous litigation. Such actions merely drive-up costs for consumers and can be particularly devastating for small businesses and landlords.

Increasing Frivolous Litigation and Legal Liabilities by Making "Hair Texture and Style" a Protected Characteristic in Employment and Housing.

This bill authorizes El Paso County to issue bonds (debt) to be repaid by higher sales or property taxes in order to finance the construction of recreational facilities, if approved by voters. Oppose is the Limited Government Position as constructing "recreational facilities" is not a core role nor duty for any level of government. The private sector is much better equipped to determine the need and level of investment required for initiatives surrounding recreation.

Authorizing El Paso County to Indebt Taxpayers to Construct Recreational Facilities.

This bill establishes the Rural Pathway Excellence Partnership Program to "expand opportunities for underserved students to succeed in school and life while promoting economic development in rural areas." The bill provides up to $5 million in funding annually for rural school districts to partner on college and career pathway programs, with districts receiving outcome bonuses based on whether a student is considered economically disadvantaged. Oppose is the Limited Government Position as taxpayers in urban areas should not be forced to subsidize educational programs for individuals who choose to locate in rural or other portions of the state.

Forcing Taxpayers to Pay up to $5 Million Annually for a New Rural College and Career Pathways Program.

This bill makes it a state crime to cross the Texas-Mexico border between ports of entry. The bill authorizes the Texas police to arrest illegal migrants and makes the crime a Class B misdemeanor carrying a punishment of up to 6 months in jail. Repeat offenders could face a second-degree felony. Support is the Limited Government Position as ensuring public safety and national defense is arguably the most important role of government. Failure to secure our nation's border not only has catastrophic implications on the ability to maintain law and order, but also creates countless other issues ranging from welfare to the education system.

Restoring Law and Order by Authorizing Texas Police to Arrest Illegal Immigrants Crossing the Border from Mexico to Texas.

This bill prohibits local governments from enacting any ordinances which require a firearm owner to obtain liability insurance for "damages resulting from negligent or willful acts involving the use of the firearm." Support is the Limited Government Position as James Madison and our nation's other founding fathers understood that the right to keep and bear arms is a crucial individual liberty and protects the citizenry against a tyrannical government. This measure provides an additional layer of protection for individuals to exercise their Second Amendment rights without being unduly restricted by government.

Protecting Second Amendment Rights by Preventing Localities from Imposing Liability Insurance Mandates on Firearm Owners.

This bill initiates a large release of prisoners within the state correctional system by significantly shortening the sentences of prisoners who committed violent crimes when they were under the age of 18. Under the bill, prisoners who committed first degree felonies as a juvenile must now only serve a quarter of their sentence or 15 years (whichever is shorter) and prisoners who committed capital offenses (sentenced to life in prison) must now only serve 20 years before being eligible for parole. Additionally, the bill establishes certain factors parole boards must consider that are expected to result in earlier releases such as "greater capacity of juveniles for change, as compared to that of adults". Oppose is the Limited Government Position as ensuring public safety and protecting property rights serve as essential components of government. Unfortunately, this bill is one of many so-called criminal justice "reforms" which have led to skyrocketing crime rates and are being advanced in state legislatures by George Soros and other radical-left billionaires through their funding of advocacy organizations on both sides of the political aisle.

Threatening Public Safety through a Mass Jailbreak for Prisoners who Committed Murder and other Violent Crimes as Juveniles.

The Bryant amendment #3 to a bill relating to teacher retirement benefits. This amendment increases the cost-of-living-adjustment (COLA) by an additional 4%. For example, a retired teacher who would receive a 6% COLA under the bill, would now receive a 10% COLA. Oppose is the Limited Government Position as the taxpayer-funded Teacher Retirement System (TRS) never promised beneficiaries COLA increases. This amendment merely worsens Texas' unfunded pension liability crisis which is among the highest in the nation.

Worsening Texas' Unfunded Pension Crisis by Providing Even Greater Unpromised Payouts to Beneficiaries.

This bill prohibits home-rule municipalities from submitting any climate change charter to voters for approval unless the charter has been approved by the state legislature. This includes any rule or policy statement related to climate change or environmental impact. Support is the Limited Government Position as a number of state and local governments across the country have imposed "clean energy" mandates on utility companies which unnecessarily drive-up consumer costs in order to advance a politized environmental agenda. While some may argue this bill undermines "local control", our founding fathers only recognized three entities within the U.S. Constitution - federal government, state government, and the individual. It is not the role for any level of government to unduly infringe the rights of individuals, therefore making preemption measures, such as this bill, necessary.

Protecting Texans from Politicized Climate Change Agendas by Requiring Municipal Charters on Climate Change be Adopted by the Legislature.

This bill prohibits localities from requiring property owners to pay a "tree mitigation fee" in order to remove an Ashe juniper tree on their property. The bill also ensures that localities can't impose any ban which prevents the removal of the tree. Support is the Limited Government Position as this bill strengthens both property rights and individual liberties. While some may argue this bill undermines "local control", our founding fathers only recognized three entities within the U.S. Constitution - federal government, state government, and the individual. It is not the role for any level of government to unduly infringe the rights of individuals, therefore making preemption measures, such as this bill, necessary.

Strengthening Property Rights by Allowing the Removal of Ashe Juniper Trees Without Property Owners being Forced to Pay into a Tree Fund.

This bill allows officials within the State Energy Conservation Office (SECO) to impose additional energy efficiency and water conservation regulations on individuals constructing new homes or commercial buildings. Most notably, the bill would permit adoption of the 2021 International Energy Conservation Code (IECC) which contains much more stringent efficiency standards, as well as even further stringent standards in the future without legislative approval. Oppose is the Limited Government Position as this bill empowers unaccountable bureaucrats to impose draconian new regulations which will cause housing and construction costs to further skyrocket. Property owners should have the freedom to decide the level of energy efficiency they wish to construct their homes to meet.

Infringing Property Rights and Consumer Choice by Allowing State Bureaucrats to Impose Additional Energy Efficiency and Water Conservation Mandates on New Buildings.

This bill creates the Texas Energy Efficiency Council within the Public Utilities Commission to, among other purposes, "provide a statewide collaborative approach to promoting energy efficiency" and "make recommendations for improving energy efficiency programs." Oppose is the Limited Government Position as this further expands the size and scope of government in order to promote a politized environmental agenda. The bill also has the potential to advance future mandates on property owners, like those passed under SB 2453 this session.

Expanding Government and Paving the Way for Additional Energy Efficiency Mandates through the Creation of a Texas Energy Efficiency Council.

This bill prohibits any state agency from assisting in the enforcement of any federal law or regulation on oil and gas operations unless such action is aligned with state regulation. Support is the Limited Government Position as this bill helps protect the oil and gas industry from overreaching and politicized new mandates being proposed by the Biden Administration. Such draconian regulations result in much higher consumer costs and choke economic growth.

Protecting the Oil and Gas Industry from Overreaching Federal Climate Change and Environmental Regulations.

This bill requires cities to provide written notification of any proposed zoning change which could cause a non-conforming use for a property owner or business. If the owner is required to close or cease operations, they would be entitled to compensation, such as the loss in market value of the property. The bill is, in part, in response to a case where a shingle factory operating for 80 years was forced to shut down without any compensation. Support is the Limited Government Position as many of the zoning and land use ordinances enacted across the state are overreaching and oftentimes designed to benefit select property owners or restrict competition. Similar to cases of eminent domain, any business forced to shut down for public good reasons should be provided with just compensation.

Strengthening Property Rights by Protecting Businesses from Local Zoning Changes.

This bill establishes a specialized "Business Court" to hear cases involving certain business transaction and governance matters, with the judges appointed by the Governor. Judges are required to have at least 10 years of experience practicing complex civil business litigation or business transaction law, or as a judge of a court with civil jurisdiction. Support is the Limited Government Position as this bill will help improve the state's legal and business climate by making the legal process more efficient, reducing legal expenses for businesses, and also cut the caseload on other courts.

Improving the State's Business Climate by Creating a Specialized Business Court to Hear Cases and Expedite Legal Proceedings.

This bill requires localities to review the costs, benefits, and risks of their existing zoning regulations, building codes, development permits, and other land regulations. Localities are required to hold a public hearing and must repeal or amend certain regulations that interfere with new housing construction or existing housing development. Additionally, before adopting or modifying a land development regulation, localities must issue an impact statement analyzing the effects of the regulation. The regulation may only be modified or adopted if, among other requirements, the regulation does not negatively impact housing costs. Support is the Limited Government Position as, like all government central planning attempts, many of the zoning and land use ordinances enacted across the state are overreaching and oftentimes designed to benefit select developers and landowners. While some may argue this bill undermines "local control", our founding fathers only recognized three entities within the U.S. Constitution - federal government, state government, and the individual. It is not the role for any level of government to unduly infringe the rights of individuals, therefore making preemption measures, such as this bill, necessary.

Combatting Government Overreach by Requiring Localities to Review their Zoning Rules to Reduce Regulatory Burdens.

This bill allows most businesses subject to state licensing requirements to sue localities to prevent the enforcement of local regulations that are more stringent than state regulations or that can be shown to "result in an adverse economic impact." Support is the Limited Government Position as this bill helps protect against overreaching local regulations that most often restrict competition and drive-up business costs.

Protecting Against Overreaching Local Regulations by Allowing Businesses to Sue to Block Enforcement.

This bill establishes a new health insurance mandate which requires most healthcare policies offered in the state, including Medicaid (government-provided healthcare), that cover prescription contraceptive drugs to cover a 3-month initial supply and subsequent 12-month supplies of the drugs. Oppose is the Limited Government Position as each and every health insurance mandate or price control on co-payments prevents an individual from selecting a plan with just basic or customized coverages to fit their specific needs. As a result, health insurers are forced to only offer costly plans loaded with coverages that most individuals do not need. This can result in lower-income or younger individuals choosing to purchase no insurance plan at all due to the high cost.

Hiking Health Insurance Premiums by Mandating Insurance Companies Cover a 12-Month Supply of Contraceptive Drugs.

This bill, the Fiscal Years 2024-2025 Operating Budget, represents a 21.3% increase over the prior budget, and the largest in state history. Some of the major new and increased spending initiatives within the bill include $1 billion for land acquisition for parks (3603.7% increase over the $27 million appropriated in the previous budget), an additional $100 million for the Texas Water Development Board Economically Distressed Areas Program, and $45.9 billion for business and economic development (25.8% increase). Oppose is the Limited Government Position as the budget is chock-full of countless wasteful and unnecessary spending initiatives which directly violate limited government principles and far exceed the basic and necessary functions of government. The state must pursue every available avenue to reign in its out-of-control spending, as, when coupled with the over $185 trillion federal liabilities, represents the greatest existential threat facing this country. Democratic lawmakers who opposed the bill for not containing even greater levels of spending were recording as opposing the limited government position.

Fueling Out-of-Control Spending Through a $321.3 Billion Budget (21.3% Increase) with Countless Provisions that Further Grow the Size and Scope of Government.

This bill provides additional state subsidies ($25 million) to builders and purchasers of housing under the federal Low-Income Housing Tax Credit (LIHTC) program. The LIHTC program subsidizes the acquisition, new construction, and rehabilitation of affordable rental housing for low- and moderate-income tenants. Oppose is the Limited Government Position as all state and local tax codes should be constructed in a broadly applied manner with as low of rates as possible for everyone. This and other central planning and tax cronyism schemes merely dilute the tax base which results in higher taxes on all other individuals and businesses to make up for the lost revenue. Instead, lawmakers should make housing truly "affordable" by working to eliminate excessive building and zoning mandates as well as work to cut property taxes by reducing spending.

Expanding Cronyism and Diluting the Tax Base Through Additional Subsidies under the Low-Income Housing Tax Credit (LIHTC) Program.

This bill expands the Rural Veterinarian Incentive Program, which provides taxpayer-funded loan repayment to veterinary students and recent graduates who agree to work in counties with populations below 150,000. Previously, eligibility was limited to counties with populations below 100,000. Oppose is the Limited Government Position as the free market - not central planning by politicians - is the best mechanism to determine the need and distribution of veterinarians across the state. Taxpayers in urban areas should not be forced to subsidize the amenities of individuals who choose to locate in rural or other portions of the state where veterinarians may not be as accessible.

Growing Government Central Planning and Runaway Spending by Forcing Taxpayers to Pay Off the Student Loan Debt of Veterinarians in Additional Regions of the State.

This bill reduces regulatory barriers to now allow health insurance companies to incentivize their enrollees to utilize select healthcare providers based on quality and cost. This includes offering enrollees lower deductibles, co-payments or coinsurance. Support is the Limited Government Position this bill reduces regulatory burdens to drive greater market forces within the healthcare industry. The state's current draconian regulations within the healthcare industry prevent insurers from offering additional options and limit the ability for enrollees to select the plans that best fit their specific needs.

Lowering Healthcare Costs by Allowing Insurers to Offer Incentives which Steer their Enrollees towards Providers based on Quality and Cost.

This bill creates the "Texas Grocery Access Investment Fund" "to construct, rehabilitate, or expand grocery stores in underserved low-income and moderate-income areas." The bill requires at least 25% of funds be in the form of grants or forgivable loans, and recipients may use funds to acquire property, construct grocery stores, and for other purposes. Oppose is the Limited Government Position as the free market - not central planning by government bureaucrats - is the best mechanism to determine the need and distribution of grocery stores across the state. Additionally, taxpayers in one part of the state should not be forced to subsidize amenities such as grocery stores for individuals in other regions of the state.

Growing Government Central Planning and Runaway Spending by Forcing Taxpayers to Subsidize Grocery Stores in "Food Deserts".

This bill eliminates the state's mandatory vehicle safety inspection effective January 1, 2025. As a result, car owners will no longer be forced to annually take their vehicle in for an inspection, however a $7.50 annual fee (the current inspection fee) will still be assessed on vehicle owners. Texas was one of only 13 states which required annual vehicle inspections. Support is the Limited Government Position as this bill provides significant regulatory relief to motorists by no longer being burdened to take their vehicle in for inspection and sometimes sold to perform unnecessary repairs. This bill also helps drive "automotive freedom" by reducing a significant burden for owners of multiple collector vehicles and the likelihood of damage due to the inspection process.

Providing Significant Regulatory Relief to Car Owners by Eliminating the State's Mandatory Annual Vehicle Safety Inspection.

This bill requires public information that is stored in a searchable or sortable electronic spreadsheet or database to be made available upon public request and provided in a format which is easily searchable or sortable. Additionally, public requests for this information may not be denied on the basis that the request would require searching, sorting, or filtering electronic information. Finally, the bill requires government contracts for electronic public information to use reasonable efforts to ensure that public access to the information is not restricted or more difficult to access than other government records. Support is the Limited Government Position as this bill strengthens transparency and makes it easier for individuals, the press and government watchdog organizations to hold officials accountable and report on government operations.

Strengthening Government Transparency and Accountability by Requiring Government Data Be Provided in an Easily Searchable Database to the Public.

This bill creates the employer child-care contribution partnership program for the purpose of "incentivizing eligible employers to contribute to employee child-care costs and providing a state match for funds contributed." Under the program, an employer must pay at least 20% of the employee's child care and the child care provider must be determined by the Texas Workforce Commission to be a "high-quality program." Individuals are eligible to receive a full match of the employer's contribution if their household income does not exceed the state median household income, with the matching amounts incrementally decreased if their income is higher. Oppose is the Limited Government Position as this measure further grows government dependency. Instead of forcing taxpayers to pay for the childcare costs of other individuals, lawmakers should advance de-regulatory policies across the childcare industry to lower costs and expand competition. This free-market approach is the best way to make childcare more affordable.

Growing Government Dependency and Wealth Redistribution through a New Program which Forces Taxpayers to Subsidize Childcare Costs via Employer Partnerships.

This bill creates the "Prekindergarten Community-Based Child-Care Partnership Grant Program" to provide grants to school districts for pre-K and childcare services delivered through community providers. Oppose is the Limited Government Position as this measure further grows government dependency. Instead of forcing taxpayers to pay for the childcare costs of other individuals, lawmakers should advance de-regulatory policies across the childcare industry to lower costs and expand competition. This free-market approach is the best way to make childcare more affordable.

Growing Government Dependency and Wealth Redistribution through the Creation of a New "Free" Pre-K and Childcare Program Delivered through Community Providers.

This bill reforms the state's asset forfeiture laws, under which the government may seize property deemed to be contraband. Under the bill, property may not be seized if it is not otherwise illegal to possess and the aggregate value is less than $2,500. Additionally, the bill increases the evidence standard the state must meet to show that property is subject to seizure from "a preponderance of the evidence" to "clear and convincing evidence." Support is the Limited Government Position as this bill strengthens property rights and civil liberties by helping combat abuse of the asset forfeiture system (i.e. "policing for profit"). Individuals who may have been wrongfully accused are forced to undergo a lengthy and expensive legal process to recover their property.

Strengthening Property Rights and Civil Liberties through Protections Against Abuse of Asset Forfeiture.

This bill establishes a series of new regulations which prohibit all insurance companies operating in the state from establishing their own policies concerning Environmental, Social and Governance (ESG). The new mandate and price control apply to both the coverage decisions of insurers as well as their rate setting practices. Oppose is the Limited Government Position as this government intrusion into the marketplace infringes the right of private insurance companies to set their own policies and coverage decisions. Instead of weaponizing government, lawmakers should instead work to reduce regulations and expand competition so the free marketplace can better reward and punish insurers based on the policies they enact.

Imposing Overreaching New Regulations on the Insurance Industry by Banning Private Companies from Setting their own Policies Surrounding ESG.

This bill establishes the Texas Technology and Innovation Program to provide matching or supplemental funds to businesses that already receive federal funds through the federal small business innovation research and small business technology transfer programs. Oppose is the Limited Government Position as the free market - not central planning by government bureaucrats - is best equipped to drive economic growth. The state must pursue every available avenue to reign in its out-of-control spending, which, when coupled with the over $185 trillion federal liabilities, represents the greatest existential threat facing this country.

Worsening Cronyism by Forcing Taxpayers to Provide Additional Subsidies to Companies Already Receiving Federal Grants through the Texas Technology and Innovation Trust Fund.

This bill contains a major provision which requires taxpayers to fund "expanded access to broadband services in economically distressed communities". The new spending will unlock additional funds under the federal "Broadband Equity, Access, and Deployment Program" and is expected to provide significant new revenue to Comcast which lobbied for the bill. Oppose is the Limited Government Position as the private sector and free market are best equipped to determine where broadband is most needed and which expansion projects are most economically viable. This measure forces taxpayers to enrich woke corporations such as Comcast for infrastructure which may soon be unnecessary due to significant advances in satellite technology from Comcast's competitors such as Elon Musk's Starlink.

Enriching Comcast and other Woke Corporations by Forcing Taxpayers to Provide "Broadband Equity" through a Government Central Planning Scheme.

The Harrison and Leo-Wilson amendment #1 to a public school funding bill. This amendment provides that a school district is only eligible to receive the basic allotment funding if more than 50% of the district's maintenance and operations expenditures the previous school year were spent on salaries and benefits for full-time teachers. Support is the Limited Government Position as this amendment is designed to ensure school districts are using taxpayer funds to provide the best education possible for students, rather than wasting funds on administrative and other unnecessary expenses.

Protecting Taxpayers and Promoting Student Success by Ensuring School Funding is Directed to Teachers Instead of Wasteful Administration.

This resolution amends the state constitution to prohibit the legislature from imposing any tax based on the wealth or net worth of an individual or family. Support is the Limited Government Position as a "wealth tax" represents one of the most destructive forms of taxation which discourages investment and would result in most high-net-worth individuals fleeing the state - devastating economic growth.

Protecting Economic Growth through a Constitutional Amendment Prohibiting Implementation of any "Wealth Tax".

This bill assesses an additional $200 annual registration fee on electric vehicles. The bill is designed to offset reduced funding for the State Highway Fund, which is funded by gasoline taxes and used for the construction and maintenance of roads and bridges. A 2020 report found that the state loses about $200 in state and federal gas tax revenue for each gas-powered vehicle that is replaced by an electric vehicle. Support is the Limited Government Position as "user fees" represent the best way to accurately impose the appropriate level of taxation when it comes to things such as infrastructure. This measure helps ensure that all motorists - regardless of their vehicle's propulsion system - are paying the costs of roadway maintenance and construction costs.

Ensuring the Equal Taxation of Motor Vehicles by Establishing an Electric Vehicle Registration Fee.

This bill increases penalties on individuals who knowingly engage in vote fraud, such as voting more than once in an election or impersonates another person when submitting a ballot. Under the bill, the penalty is increased from a Class A misdemeanor to a Felony of the Second Degree, which can carry a 2 to 20 year prison sentence. Support is the Limited Government Position as maintaining strong safeguards against voter fraud are critical aspects of ensuring free and fair elections, an essential component of democracy under our nation's constitutional republic.

Strengthening Election Integrity by Increasing the Penalty for Knowingly Engaging in Voting Fraud.

This bill expands eligibility under the "Major Events Reimbursement Fund" to include a larger range of events ranging from the Bassmaster Classic to motorcycle racing and equestrian competitions. Oppose is the Limited Government Position as the free market - not central planning by government bureaucrats - is the best mechanism to select the most desired events and provide the necessary funding (via tickets and other user fees). The major event reimbursement fund should be eliminated entirely as the state must pursue every available avenue to reign in its out-of-control spending, which, when coupled with the over $185 trillion federal liabilities, represents the greatest existential threat facing this country.

Worsening Cronyism and Government Central Planning by Forcing Taxpayers to Subsidize an Even Greater Range of Events (Bull Riding and Bassmaster) under the "Major Events Reimbursement Fund".

This bill expands eligibility under the "Major Events Reimbursement Fund" to include a larger range of events ranging from Formula 1 to the country music awards, and equestrian competitions. Oppose is the Limited Government Position as the free market - not central planning by government bureaucrats - is the best mechanism to select the most desired events and provide the necessary funding (via tickets and other user fees). The major event reimbursement fund should be eliminated entirely as the state must pursue every available avenue to reign in its out-of-control spending, which, when coupled with the over $185 trillion federal liabilities, represents the greatest existential threat facing this country.

Worsening Cronyism and Government Central Planning by Forcing Taxpayers to Subsidize an Even Greater Range of Events (Formula 1 and Equestrian) under the "Major Events Reimbursement Fund".

This bill expands coverage under Medicaid (government-provided healthcare) to now include behavioral health intensive outpatient and partial hospitalization services. The expansion is estimated to cost an additional $12.3 million over the next five years. Oppose is the Limited Government Position as this bill further traps individuals into government dependency by growing benefits under the government welfare state. The state must pursue every available avenue to reign in its out-of-control spending, as, when coupled with the over $185 trillion federal liabilities, represents the greatest existential threat facing this country.

Increasing Government Dependency by Expanding the Medicaid Welfare Program to Now Cover Behavioral Health Intensive Outpatient and Partial Hospitalization Services.

This bill creates the Texas Hydrogen Infrastructure, Vehicle, and Equipment Grant Program within the Texas Emissions Reduction Plan. The bill allocates up to $8 million for the Hydrogen program while also making a few other funding reallocations within the bill. Oppose is the Limited Government Position as while the bill does make some reallocations to offset some of the spending for the new program, the bill still creates yet another avenue for new spending and government interference in the marketplace. The free market - not government central planning - is the best mechanism to advance energy development. The state should instead eliminate the entire grant fund as well as take additional actions to reign in its out-of-control spending, as, when coupled with the over $185 trillion federal liabilities, represents the greatest existential threat facing this country.

Expanding Cronyism and Government Interference in the Energy Sector through a New Hydrogen Vehicle and Infrastructure Grant Program.

This bill, the Music Therapist Licensing Act, requires anyone who wishes to provide "music therapy services" in the state to become licensed, pay a fee, hold a bachelor's degree, and obtain a national certification. The license must be renewed every two years. Oppose is the Limited Government Position as this bill represents one of the very worst forms of cronyism and government overreach for a service which presents little to no risk to consumers (perhaps an individual may play a bad tune). This government mandate merely exists to enrich the schools and organizations which provide education and credentialling for this service.

Imposing a Draconian New Licensing Regime on "Music Therapists" which Increases Employment Barriers and Restricts Competition.

The Reynolds amendment #16 to a bill prohibiting children under 18 years of age from receiving sex-reassignment procedures or puberty blockers until they reach the age of consent. The amendment requires the Health and Human Services Commission to contract with local mental health authorities and local behavioral health authorities to provide and pay all costs for mental health services to children who were already receiving treatment or are diagnosed with severe gender dysphoria and prohibited from receiving these procedures. Oppose is the Limited Government Position as this highly politicized amendment further grows the government welfare state. Additionally, taxpayers - many of whom may have critical views of minor "gender dysphoria" - should not be forced to pay for such services.

Victoria Neave Criado

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