Institute for Legislative Analysis

Ray Lopez

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 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, 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.

Forcing Taxpayers to Provide Mental Health Services to Children Facing "Gender Dysphoria".

This bill creates the "Texas Semiconductor Innovation Consortium," to, among other purposes, "develop a comprehensive strategic plan to ensure ongoing semiconductor innovation" and expand workforce training. The bill also creates the Texas Semiconductor Innovation Fund to provide grants to state government entities and semiconductor manufacturing and design companies in the state "to encourage economic development." Oppose is the Limited Government Position as not only does this measure further grow the size of government and central planning, but also worsens corporate welfare and cronyism by providing competitive advantages to select industries and businesses at the expense of taxpayers. Additionally, this bill is on top of other federal spending programs for the industry, such as the CHIPS and Science Act which provided $52.7 billion for "semiconductor research, development, manufacturing, and workforce development."

Worsening Cronyism and Government Central Planning by Creating the Texas Semiconductor Innovation Consortium to Enrich Certain Companies.

This resolution would amend the state Constitution to enshrine the right to utilize multiple currencies, if the involved parties agree, in private transactions. This includes cash, coin, silver and gold bullion, digital currency, and privately issued scrip. The resolution prohibits the state and local governments from prohibiting or restricting holding such currencies. Support is the Limited Government Position as this bill helps ensure these currencies can serve as alternative competitive currencies to the dollar. This is especially critical considering the reckless policies of the Federal Reserve, such as quantitative easing.

Ensuring the Free Competition of Currency and U.S. Monetary System Protection by Enshrining Right to Utilize Multiple Currencies.

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 creates the "Lone Star Workforce of the Future Fund" which provides grants to select public junior colleges, technical institutes, and nonprofits for workforce training programs. The bill allows the grants to be utilized for a wide range of purposes including staff salaries and curriculum development, with entities eligible to receive a grant of up to $15,000 per participant. Oppose is the Limited Government Position as the free market - not central planning by government bureaucrats - is best equipped to determine the most in-demand career fields and direct resources to the most effective training entities. This measure merely enriches government-favored entities (some which may be ineffective) while further increasing out-of-control spending.

Fueling Runaway Spending and Enriching Government-Favored Educational Entities through the Creation of the "Lone Star Workforce Future Fund".

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 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 prohibits localities from banning the construction or lease of an accessory dwelling unit (ADU), along with several other limitations. Localities must also approve or deny a permit to build an ADU within 60 days, and may only consider whether the proposal meets applicable codes and standards. Support is the Limited Government Position as this bill strengthens both property rights and helps combat overreaching zoning and land use ordinances. 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 Prohibiting Localities from Banning or Regulating Accessory Dwelling Units (ADUs).

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 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 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 generally raises the bar to prosecute organized retail theft by now requiring a person to steal at least $100 of merchandise and be found to have "intent for the redistribution of that merchandise into the supply chain" to be guilty. Oppose is the Limited Government Position as ensuring public safety and protecting property rights serve as essential components of government. Unfortunately, this bill represents 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.

Fueling Lawlessness and Business Closures by Making it Harder to Prosecute and Punish Cases of Organized Retail Theft.

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 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 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 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 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 requires all individuals who provide ridesharing services (through companies such as Uber and Lyft) to undergo annual training on human trafficking awareness and prevention. The training materials provided by rideshare companies must meet a long list of requirements and be approved by the Attorney General. Oppose is the Limited Government Position as while human trafficking is certainly a tragedy which society should work to combat, the solution is not the further expansion of the government regulatory state and imposition of new mandates and costs onto the private sector. A much more laudable approach is for the private sector and companies within to invest and establish their own individual procedures to solve societal problems as opposed to the imposition of one-size-fits all government mandates.

Expanding Government Overreach through New Annual Mandates on Ridesharing Drivers Pertaining to Human Trafficking Training.

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 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 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 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 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.

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 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 expands coverage under Medicaid (government-provided healthcare) by directing the Health and Human Services commissioner to adopt rules to cover home telemonitoring services under the state's Medicaid program. Previously, this was optional if the commissioner determined that such coverage would be "cost-effective and feasible." 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.

Growing Government Dependency by Expanding the Medicaid Welfare Program to Now Cover Home Telemonitoring Services.

This bill provides that businesses with revenue up to $2.47 million are not required to pay any franchise tax (previously $1 million). Additionally, those businesses are no longer required to file a tax information report. Support is the Limited Government Position as this bill provides broad tax and regulatory relief for small and medium size businesses by increasing the franchise tax exemption and eliminating the burdensome reporting requirement.

Expanding Economic Growth by Increasing the Franchisee Tax Exemption from $1 Million to $2.47 Million.

This bill, the Property Tax Relief Act, contains several provisions related to property taxes. Most notably, the bill increases the homestead property tax exemption from $40,000 to $100,000. Additionally, the bill enacts a "circuit breaker" provision on the appraised value of real property other than a residence homestead. As a result, the appraised market value of a property is limited to a 1-year increase of 20% plus any new improvements. Support is the Limited Government Position as this bill provides broad property tax relief to homeowners. All state and local tax codes should be constructed in a broadly applied manner with as low of rates as possible for everyone.

Providing Property Tax Relief to Homeowners by Raising the Homestead Exemption to $100,000.

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.

The Raney amendment #2 to the education omnibus bill. This amendment removes the school choice provision from the bill which provides voucher-like educational savings accounts (ESAs). Each qualifying student would receive an ESA with $10,500 towards private or parochial school tuition. 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 Removing the Provision Creating Educational Savings Accounts from the Education Bill.

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 earmarks $1.54 billion in state funds to continue construction of barriers along the Mexico border. Additionally, the bill provides $40 million for State Troopers to patrol Colony Ridge which has high levels of illegal immigrants. 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 Earmarking $1.54 Billion in State Funds to Construct Barriers Securing the Mexico Border.

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.

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 amends the existing state law which prohibits firearms on school grounds or buildings when a school-sponsored activity is taking place. Under this bill, the "gun free zone" only applies to the actual premises owned by a school (not off-campus locations). Support is the Limited Government Position as "gun free zones" do not protect communities, rather they place individuals in defenseless positions against criminals who do not abide by the law. While the restriction should be eliminated entirely, this measure serves as a step in the right direction.

Strengthening Self-Defense and Second Amendment Rights by Limiting School "Gun-Free Zones" to Only School-Owned Property.

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 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.

The bill prevents localities from imposing additional regulations on farmers and ranchers engaging in agricultural operations. Under the bill, the Texas A&M AgriLife Extension Service is directed to develop a list of "generally accepted agricultural practices" that do not pose a threat to public health, which cities also may not prohibit or restrict. Support is the Limited Government Position as this bill strengthens property rights by combatting overreaching local regulations. 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 Farmers from Government Overreach by Preventing Local Governments from Imposing Additional Regulations on the Agricultural Industry.

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 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.

Fueling Tens of Millions in Wasteful Spending by Extending the Unnecessary Texas Economic Development and Tourism Office for Another 12 Years.

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.

Ray Lopez

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