Institute for Legislative Analysis

Jeff Leach

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 prohibits local governments across the state from imposing any ordinances which directly regulate greenhouse gas emissions, with the state given exclusive regulatory authority. As a result, the bill would preempt local regulations that restrict greenhouse gas emissions. Support is the Limited Government Position as this bill protects economic growth by ensuring regulatory certainty and combatting local government overreach. While some may argue this bill undermines "local control", our founding fathers only recognized three entities within the U.S. Constitution - federal government, state government, and the individual. It is not the role for any level of government to unduly infringe the rights of individuals, therefore making preemption measures, such as this bill, necessary.

Protecting Against Local Government Overreach by Ensuring Only the State Can Regulate Greenhouse Gas Emissions.

This bill, 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 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 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 new health insurance mandate relating to "biomarker testing" which is applicable to all private policies offered in the state and Medicaid. Specifically, the bill requires all policies to cover biomarker testing to diagnose, treat, manage, or monitor a person's disease or condition if the test is supported by "medical and scientific evidence." Oppose is the Limited Government Position as each and every health insurance mandate or price control on co-payments prevents an individual from selecting a plan with just basic or customized coverages to fit their specific needs. As a result, health insurers are forced to only offer costly plans loaded with coverages that most individuals do not need. This can result in lower-income or younger individuals choosing to purchase no insurance plan at all due to the high cost.

Increasing Health Insurance Premiums by Mandating All Policies Provide Coverage for Biomarker Testing.

This bill prohibits 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 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 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 prohibits local governments from enacting any ordinances which bans or restricts the sale or use of an engine based on the type of fuel used. Additionally, the bill prevents localities from banning any energy source infrastructure (such as gas stations). Support is the Limited Government Position as this bill helps protect individual liberties as well as automotive freedom. 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 Consumer Choice by Preventing Localities from Imposing any Ordinance which Restricts or Bans Gas-Powered Engines or a Source of Energy.

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 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".

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 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 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 resolution amends the state constitution to authorize counties to grant property tax exemptions to physicians who provide services to indigent patients. The tax exemption may cover up to 50% of the assessed value of a physician's homestead. 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. The tax cronyism dilutes the tax base, thus increasing tax burdens on all other property owners not favored by government.

Increasing Tax Burdens on other Property Owners through a Crony Carveout Providing Physicians a Tax Exemption if they Provide Indigent Services.

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

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

This bill allows 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 allows counties and municipalities which have established a "reinvestment zone" (i.e. tax increment financing) the ability to also utilize the funds to subsidize "legacy homeowners". As a result, individuals who have owned their property for at least 7 years and experienced a significant increase in their property taxes (due to a rise in their home value) would be eligible to have a portion of their property taxes subsidized. Oppose is the Limited Government Position as government central planning schemes such as tax increment financing should not be deployed in the first place. This measure merely worsens the cronyism by further distorting the tax code and providing advantages to select homeowners. Government should instead ensure property taxation is conducted in a broadly applied manner without carveouts and as low of rates as possible for all property owners.

Worsening Tax Cronyism by Providing Subsidies for Certain "Legacy Homeowners" in Government-Created Reinvestment Zones.

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 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 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 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.

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 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 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 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 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 list of medical conditions for which a physician may prescribe low-THC cannabis (medical marijuana). Under the bill, physicians who would otherwise prescribe a patient an opioid could now prescribe cannabis. The bill also increases the maximum dosage that may be prescribed by replacing the 1% THC cap with a 10-milligram cap. Texas' medical marijuana program is currently among the strictest in the nation. Support is the Limited Government Position as this bill strengthens medical freedom by ensuring physicians - not politicians - are able to determine and provide the most effective treatment for their patients. The bill also helps combat the addiction crisis currently plaguing our nation.

Strengthening Medical Freedom and Reducing Addiction by Permitting Physicians to Prescribe Low-THC Cannabis in Cases where Opioids would Otherwise be Prescribed.

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 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.

Jeff Leach

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