Institute for Legislative Analysis

Candy Noble

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.

This bill allows courts to remove district attorneys for misconduct if they refuse to prosecute certain types of crime. The bill is largely in response to cases of "reform-minded" prosecutors that have refused to prosecute crime or uphold the state's abortion laws. Support is the Limited Government Position as ensuring public safety and protecting property rights serve as essential components of government. Unfortunately, this bill is necessary to combat many of the 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 Public Safety by Allowing Courts to Remove Rogue DAs which Refuse to Prosecute Crime.

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 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 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 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 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, 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 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 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 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 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, 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 provides an increase in the vehicle asset allowance under the supplemental nutrition assistance program (SNAP). As a result, an individual may now own a vehicle valued at up to $22,500 (previously $15,000) and still be eligible for the welfare program. Oppose is the Limited Government Position as this measure further grows government dependency, which oftentimes leads to intergenerational poverty. Instead of increasing welfare eligibility, lawmakers should work to reduce government barriers to employment and help empower the private sector to care for individuals who are in need.

Growing Government Dependency by Increasing the Vehicle Asset Allowance Under the SNAP Welfare Program from $15k to $22.5k.

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 prevents state employees and officers from downloading or accessing TikTok or other applications declared by the Governor to pose a risk to the state, on state devices. Support is the Limited Government Position as the installation of such systems poses a significant and unnecessary threat to state and federal networks. Additionally, state employees should not be utilizing government equipment to access entertainment apps such as TikTok.

Strengthening National Security by Banning TikTok from Being Accessed on State-Issued Devices.

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, 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 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 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 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 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 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 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.

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 primarily targets a business model within the optometry industry which has been deployed by Visionworks of America, which is owned by an insurance company called Vision Services Plan (VSP) Insurance Co. The bill prevents VSP from incentivizing its enrollees to utilize the optometry company it owns (Visionworks) through the offering of discounts or other value-added benefits. Other optometry companies have alleged that since VSP owns its own optometry company and can "steer patients" it is provided an unfair competitive advantage in the industry. 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. This protectionism merely enriches select businesses and prevents the free market from expanding competition and lowering costs for consumers.

Expanding Government Power to Shutdown Competition within the Optometry Industry.

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, the Alan Vera Memorial Act, contains several provisions related to election integrity. The bill expands the required cooperation of the Secretary of State with other states to identify ineligible voters. Additionally, the bill requires the Secretary to contract with a private sector data system to identify voters whose addresses have changed, are registered to vote in more than one state, are deceased, or who are not eligible to vote due to a felony conviction. Finally, the Secretary is required to use the National Change of Address database to identify voters whose addresses have changed to prevent multiple registrations. 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 an Additional Voter Crosscheck.

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 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 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.

Candy Noble

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