Institute for Legislative Analysis

José Menéndez

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 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.

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 amends the public information request system by allowing government agencies to withhold information that it makes a good faith determination is exempt from public disclosure. This is intended to reduce the amount of attorney general decisions requested and reduce the response time for information requests, with appeals of decisions to withhold information permitted. The bill also allows the attorney general to fine any governmental entity $1,000 for submitting a bad faith request for an opinion, and an additional $500 each day until the requested information is provided to the requestor. Support is the Limited Government Position as this bill helps strengthen government transparency and accountability by increasing efficiency.

Strengthening Government Accountability and Transparency by Reforming the Public Information Request System to Quicken Response Times and Reduce Bad Faith Requests.

This bill establishes a 10-year mandatory minimum sentence if a firearm was used to commit a very serious crime. Examples include felony offenses committed in the first, second or third degree such as murder, human trafficking, burglary, sexual assault, or kidnapping. Support is the Limited Government Position as ensuring public safety and protecting property rights serve as essential components of government. Unfortunately, this bill is especially necessary due to 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.

Strengthening Law and Order by Imposing 10-Year Mandatory Minimum Sentences for Serious Firearm Felonies.

This bill allows parents of public school students to transfer their child to a different school or receive funding to enroll their child in private school or home school if their child is a victim of an offense committed by an employee at their school. This includes any offense against the student, such as grooming, sexual offenses, and assault. Support is the Limited Government Position as this bill promotes school choice as well as places greater pressure on public schools to protect children.

Providing School Choice for Students who are Victims of Misconduct or Sexual Grooming Occurring within a Public School.

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 prohibits county clerks, elections administrators, early voting clerks and certain other officials from suspending laws relating to acceptance of early mail-in ballots. This includes suspension of requirements such as the carrier envelope certificate being properly competed, the signatures being valid, and the ballot application stating a valid reason for voting early by mail. 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 Prohibiting Election Officials from Suspending Requirements for Mail-In Ballot Review.

This bill provides greater legal clarity to ensure doctors can prescribe certain off-label drugs without facing any disciplinary actions from the state's professional licensing board. The bill is largely in response to physicians prescribing hydroxychloroquine sulfate and ivermectin to treat COVID-19 infections. Support is the Limited Government Position as there have been countless reported cases of hydroxychloroquine and ivermectin being effective in treating COVID-19, even though they haven't been approved by the FDA. Additionally, considering the low level of associated risks and side effects of the drugs within this measure, patients and their doctors should have the freedom to make their own medical decisions.

Strengthening Medical Freedom by Preventing Licensing Boards from Taking Actions Against Doctors for Prescribing Off-Label Drugs to Treat Conditions Such as COVID-19.

This bill prohibits local governments from utilizing public funds to hire a lobbyist to lobby state legislators or pay a state association that does so. The bill does provide an exception for legislation related to the military, service members, or veterans. Support is the Limited Government Position as taxpayers should not be forced to fund lobbyists or lobbying operations - which typically seek even greater amounts of spending or government intervention.

Protecting Taxpayers by Prohibiting Local Governments from Utilizing Public Funds to Lobby the Legislature.

This bill requires an aspiring dietician to now obtain a master's degree, register with a national commission, complete an internship or other accepted training program, and undergo examination to work in the profession. Oppose is the Limited Government Position as this bill serves as an unnecessary employment barrier primarily designed to restrict competition and enrich institutions which provide dietician education and training. 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 Enriching Certain Educational Institutions by Forcing Dieticians to Obtain Masters Degrees.

This resolution amends the state Constitution to declare that parents have "the right to direct the education of the parent's child." The amendment includes specific rights such as choosing an alternative to public education, access to public school curriculum, textbooks, and library materials, and access to their child's student health records. Support is the Limited Government Position as strong parental rights in their child's education is a critical element of a free society.

Strengthening the Integrity of the Public Education System by Establishing a Constitutional Right of Parents to "Direct the Education" of Their Child and Providing Parents a Series of Rights.

This bill allows the state's attorney general to prosecute certain crimes, including election, bribery, abuse of office, human trafficking, and abortion-related offenses, if a local prosecutor refuses to prosecute the case. Under the bill, when law enforcement agencies report probable cause to a local prosecutor for these offenses, they must also provide the information to the attorney general, who may prosecute the case if the local prosecutor does not prosecute the case within six months. The bill is largely in response to localities across the nations whose prosecutors (typically receiving financial support from George Soros) refuse to enforce or prosecute certain categories of crime. Support is the Limited Government Position as protecting property rights and ensuring public safety serve as essential components of government. Unfortunately, this bill is especially necessary due to 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.

Strengthening Law and Order by Permitting the State Attorney General to Prosecute Certain Crimes if Local Prosecutors Refuse.

This bill authorizes Angelina County to impose a new hotel tax, with the revenue to be used to promote tourism, conventions, and hotels. 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. Additionally, it is not the proper role of government to fund tourism promotion and taxpayer funds should not be utilized to advance government-favored industries.

Increasing Taxation and the Growth of Government by Allowing Angelina County to Impose New Taxes on Hotels for Wasteful Tourism Promotion Initiatives.

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 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 raises the maximum allowable interest rate which lenders may charge on consumer loans, by now allowing the federal funds rate to be included in the calculation. While existing law currently caps consumer loan interest rates between 18% and 30%, the addition of the federal funds rate could allow lenders to charge another 5% to 6% depending on the rate of inflation. Support is the Limited Government Position as the free-market - not government price controls - is the best mechanism to ensure the lowest borrowing rates and greatest available credit options for all borrowers. This slight regulatory relief will help expand borrowing and lending opportunities, especially during periods of high inflation.

Expanding Borrowing and Lending Opportunities by Raising the Maximum Allowable Interest Rate on Consumer Loans by Including the Federal Funds Rate in the Calculation.

This bill establishes a new regulatory framework for electric vehicle chargers under the Texas Department of Licensing and Regulation. Under the bill, most electric vehicle chargers made available to the public for a fee must be registered with the state and are subject to inspections, fee disclosures, and maintenance standards. Additionally, the Texas Commission of Licensing and Regulation is empowered to establish rules and impose fees to cover administrative costs. Oppose is the Limited Government Position as this bill further grows government power and the regulatory state. This measure will increase costs to electric vehicle owners as the fees charged by the commission will be passed along in the form of higher rates and surcharges.

Growing Government to Now License and Regulate Electric Vehicle Charging Devices.

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 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 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 establishes 10-year mandatory minimum sentences for individuals convicted of human smuggling and 5-year mandatory minimum sentences for operating a stash house (10 years if in an area subject to a declared state of disaster). The bill also enhances penalties for property damage that occurs as a result of concealing or harboring a person in the country illegally from a misdemeanor to a third-degree felony (2-10 years in prison). Support is the Limited Government Position as human trafficking has enormous negative implications on national security and of course devastates victims of the practice and their families. Both Texas and the U.S. government have duties to secure the border and restore law and order by holding criminals accountable.

Strengthening National Security and Law and Order through 10 Year Mandatory Minimum Sentences for Human Trafficking.

This bill imposes a series of new regulations which are largely designed to prevent property insurance companies from steering their policy holders to select a contractor favored by the insurer to make the repairs. For example, an insurer is now no longer permitted to waive or reduce a deductible if policy holders utilize a contractor favored by the insurer. Oppose is the Limited Government Position as this bill further grows the government regulatory state for the purpose of restricting competition. This protectionist measure merely exposes insurers to higher levels of risk and drives up costs for consumers.

Hiking Consumer Property Insurance Costs by Imposing New Protectionist Regulations on Insurance Deductibles.

This bill requires the Department of Agriculture to hire an additional government employee to establish the Texas food system security and resiliency planning council. The bill also requires the establishment of a state food system security plan for purposes such as to "provide for the orderly development and management of food system security" and recommend legislation "needed or desirable to facilitate the resilience and availability of food." Oppose is the Limited Government Position as this bill further grows government bureaucracy and spending and will likely lead to additional government intervention in future years. The federal government already spends billions on stockpiling food and planning for natural disasters. Additionally, the free market and private sector is far more effective in solving all other non-emergency related supply-chain issues as opposed to central planning by government bureaucrats.

Growing Government Bureaucracy by Establishing the Texas Food System Security and Resiliency Planning Council.

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 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 makes it easier for movie production companies to receive a grant under the moving image industry incentive program by reducing the percentage of production crew, actors, and extras who must be Texas residents from 70% to 55%. Oppose is the Limited Government Position as it is not the proper role of government to subsidize the film production costs of private companies - especially considering this measure enriches woke Hollywood production companies that are antagonistic to limited government principles. Lawmakers should eliminate this grant program entirely, much less expand the ability of movie production companies to receive taxpayer funds.

Worsening Cronyism by Making it Even Easier for Woke Hollywood Production Companies to become Enriched through Taxpayer Subsidies.

This bill permits the Arlington Independent School District to allow the sale and consumption of alcohol at the Center for Visual and Performing Arts facility. Support is the Limited Government Position as this bill expands consumer choice and individual liberties while also generating additional sales tax revenue for taxpayers.

Expanding Individual Liberties and Tax Revenue by Allowing the Sale and Consumption of Alcohol at a Fine Arts Performing Venue in Arlington.

This bill provides for the suspension or removal of judges for "persistent or wilful" violations of the laws relating to setting bail. The bill is largely in response to "reform-minded" judges (typically receiving financial support from George Soros) who refuse to impose bail or set it at low levels. Support is the Limited Government Position as protecting property rights and ensuring public safety serve as essential components of government. Unfortunately, this measure is especially necessary considering the rising crime rates that have resulted from catch-and-release "criminal justice reform" policies which 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.

Increasing Public Safety by Providing for the Removal of "Reform-Minded" Judges Who Promote Lawlessness by Persistently Failing to Impose Bail.

This bill is largely targeted towards online providers of clear orthodontic aligners such as SmileDirectClub. Under the bill, clear aligners (which are similar to braces) are now classified as a "medical device" and can't be provided to an individual unless they undergo an in-person examination by a dentist, receive dental x-rays, and are provided a prescription for their usage by a dentist. Oppose is the Limited Government Position as this measure represents one of the worst examples of cronyism and utilization of government power to stifle competition under the guise of "consumer protection". This protectionism merely enriches orthodontists and dentists and prevents the free market from expanding competition and lowering costs for consumers. Unfortunately, perhaps due to similar attacks in other states, SmileDirectClub was forced into bankruptcy and shutdown on December 21, 2023.

Expanding Government Power in the Orthodontics Industry to Shutdown Competition by Online Providers of "Clear Aligners" such as SmileDirectClub.

This bill extends the Texas Economic Development and Tourism Office for an additional 12 years, until September 2035. This office is focused on "marketing and promoting the state of Texas." Oppose is the Limited Government Position as promoting tourism is not a core nor necessary function of government. The free-market and private industry - not central planning by government bureaucrats - is many times more effective in attracting visitors to the state and growing the economy.

José Menéndez

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