Institute for Legislative Analysis

Reggie Smith

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

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

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

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

This bill 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.

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 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.

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

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

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

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

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

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

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

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

This bill 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.

Reggie Smith

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