Institute for Legislative Analysis

Pete Flores

This bill enacts an Education Savings Account Program, which allows all students who are eligible to enroll in public K-12 or public prekindergarten to receive funding for educational expenses such as tuition at a private school, textbooks, and tutoring. Support is the Limited Government Position as this bill improves educational outcomes for all students by fostering 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.

Improving Educational Outcomes by Expanding School Choice Through an Education Savings Account Program.

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 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 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 prevents public colleges and universities within the state from taking certain actions against student organizations due to their membership policies surrounding sincerely held beliefs. Support is the Limited Government Position as the bill helps strengthen free speech and assembly rights as protected under the First Amendment to the U.S. Constitution.

Protecting Free Speech and Assembly on Public College Campuses by Ensuring Student Organizations Can Set Membership Policies Based on their Sincerely Held Beliefs.

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 prohibits state and local governments from imposing COVID-19 vaccine or mask mandates or from ordering private businesses or public or private schools to close for the purpose of stopping the spread of COVID-19. The bill does contain some exceptions for jails, hospitals, and other facilities where other rules conflict. Support is the Limited Government Position as this measure helps protect individual liberties by ensuring it is individuals - not government - making the medical decision on whether or not to receive a vaccination against COVID-19. Additionally, the bill protects against overreaching government mandates related to masks and shutdowns.

Protecting Individual Liberties by Prohibiting Government-Imposed COVID-19 Vaccine or Mask Mandates.

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 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 property owners who are required to pay municipal ad valorem taxes to file a complaint if the municipality is not providing any required services, such as police, fire, EMS, trash collection, and water service. A municipality must reply within 60 days and if not providing the services, provide a plan of action to do so. If the municipality continues to fail to provide services, a court may order an election allowing the property owners in the effected area to decide whether to disannex from the municipality. This bill comes after the city of Austin has failed to provide services to certain residents on Lake Austin, despite those residents paying municipal taxes. Support is the Limited Government Position as this bill strengthens government accountability and helps ensure that property owners are protected from being taxed for services which they are not being provided.

Protecting Property Owners from being Taxed by Municipalities for Services which they Are Not Provided.

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 bill prohibits estheticians and cosmetologists from administering injections such as Botox, which they are currently permitted to do under a physician's authority. Oppose is the Limited Government Position as this government overreach restricts competition and the availability of services such as Botox, which ultimately drives up consumer costs.

Restricting Competition by Prohibiting Estheticians and Cosmetologists from Injecting Botox.

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 imposes a series of new insurance mandates requiring automobile insurance policies offered in the state provide coverage for original equipment manufacturer (OEM) parts as opposed to less costly aftermarket parts. The bill applies to all policies covering vehicles 36 months old or newer. Additionally, the bill forbids policies from restricting the repair facility or persons performing repairs. Oppose is the Limited Government Position as like Obamacare and mandates on health insurance, this measure infringes the right for consumers to select less costly insurance offerings. This bill is largely designed to enrich vehicle repair facilities at the expense of higher insurance premiums for owners of newer vehicles.

Hiking Automobile Insurance Premiums by Imposing New Mandates which Require Usage of OEM Parts for Vehicle Repairs.

This bill allows professional sports team charitable foundations to sell raffle tickets at their home venue or rodeo venue through a website or mobile application, provided the person is physically located at the venue. The bill also requires the use of a third-party vendor to ensure nobody under 18 purchases tickets. Support is the Limited Government Position as this measure strengthens individual liberties and helps expand charitable giving. While the bill should expand the raffle ticket offerings to individuals beyond just the physical location, the bill still serves as a strong step in the right direction.

Strengthening Individual Liberties and Charitable Giving by Authorizing Professional Sports Team Charitable Foundations to Offer Raffle Tickets Online.

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 implements a system in which political candidates, election judges and proponents/opponents of a measure can inquire about identified election irregularities and ultimately raise the issue with the Secretary of State. 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 through a System for Candidates and Election Judges to Inquire About Election Irregularities and Seek Review by the Secretary of State.

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 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 provides legal protection from the state's animal cruelty law to individuals participating in the "Trap-Neuter-Release" program. Under the program, stray cats are trapped, evaluated by a veterinarian, vaccinated and sterilized, marked, and then returned to the wild. The program helps humanely control the pet population and reduce the euthanasia of animals. Support is the Limited Government Position as this measure helps empower the private sector to improve the well-being of animals and control the pet population. The program has proven extremely effective and prevented the euthanasia of tens of thousands of animals.

Empowering the Private Sector to Help Humanely Control the Pet Population by Providing Legal Protection for the "Trap-Neuter-Release" Program.

This bill creates both the "Texas Space Commission" and the Aerospace Research and Space Economy Consortium to promote innovation in the space, aeronautics, and aviation industry. The new entities are expected to require the hiring of at least 10 additional state employees at an estimated cost of $3.4 million over the next two years. Oppose is the Limited Government Position as the federal government (National Aeronautics and Space Administration already spends tens of billions of dollars advancing innovation in this field. This new entity is not only unnecessary but will likely enrich select government-favored entities and further distort the private sector and free marketplace. 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.

Growing Government Bureaucracy and Wasteful Spending through the Creation of the Texas Space Commission and the Aerospace Research and Space Economy Consortium.

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 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 requires the results of early in-person voting to be printed immediately upon the closure of polls on election day. While this action is already required under previous law for in-person voting on election day, the bill is designed to provide clarity that the law also applies to the early voting results as well. 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 Requiring the Result of Early In-Person Voting to be Printed Immediately Upon the Closure of Polls on Election Day.

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 creates a statewide framework for natural gas utility companies to offer energy conservation programs. These programs typically involve subsidies for purchasing higher energy efficiency appliances or for retrofitting a home or business to increase energy efficiency. The programs are paid for by raising natural gas utility rates on all customers through "rate recovery" which also provides utility companies a larger guaranteed profit. Additionally, the bill allows utility companies (which heavily lobbied for the bill) to receive additional profit for designing, marketing, administering, and delivering an energy conservation program. Oppose is the Limited Government Position as this and many other energy efficiency schemes are largely designed to enrich select product manufacturers, service providers and utility companies at the expense of all other Texans. Such cronyism is especially harmful to low-income and elderly individuals on fixed incomes who can't afford rising utility costs.

Hiking Natural Gas Utility Costs for Texans to Enrich Utility Companies and Create New Energy Conservation Programs.

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 allows any vehicle that is primarily powered by electric to exceed the roadway gross weight limitations by 2,000 lbs. The bill largely benefits electric-powered trucks and buses. Under existing law, natural gas-powered vehicles are able to exceed the roadway weight limit, which this bill also updates to 2,000 lbs. Oppose is the Limited Government Position as this bill provides special benefits to government-favored vehicle propulsion systems, while ultimately hiking costs onto taxpayers - primarily gas-powered vehicle owners - through higher roadway maintenance costs. The vast majority of roadway deterioration is caused by heavy vehicles, with the primary source of roadway funding coming from the gas tax.

Promoting Electric Vehicles and Hiking Roadway Maintenance Costs through a 2,000 lbs. Weight Exemption for all Electric-Powered Vehicles.

This bill increases the penalty for tampering with a retail gas pump to steal fuel by making it a felony of the third degree. The bill is largely in response to organized criminal groups which have figured out how to disrupt fuel dispenser pulsers and as a result gain unlimited access to fuel. 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 Increasing Penalties for Tampering with a Gas Pump to Steal Fuel.

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, 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.

Pete Flores

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