Institute for Legislative Analysis

Tom Craddick

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 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 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 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 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.

The Tinderholt amendment #1 to a bill prohibiting public colleges and universities from establishing a diversity, equity, and inclusion (DEI) office. The amendment eliminates language in the bill which forces public institutions to make efforts to reassign employees whose positions will be eliminated due to the bill's prohibition on DEI offices. The amendment also eliminates the requirement that the Texas Higher Education Coordinating Board conduct an annual study on the impact of the bill on students, broken down by categories such as race, gender identity, and sexual orientation. Support is the Limited Government Position as an endless number of private sector employees have lost their positions or faced similar employment challenges. All government positions should be staffed with the most qualified applicants for the given role, not filled by individuals merely seeking work due to job loss - especially those in formerly radical politicized positions surrounding Diversity, Equity and inclusion.

Fighting Back Against Efforts Designed to Weaken the DEI Bill by Forcing Taxpayers to Fund DEI Studies, Retaining DEI Employees, and Delaying Implementation of the Bill.

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

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

This bill 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 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 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 initiates a large release of prisoners within the state correctional system by significantly shortening the sentences of prisoners who committed violent crimes when they were under the age of 18. Under the bill, prisoners who committed first degree felonies as a juvenile must now only serve a quarter of their sentence or 15 years (whichever is shorter) and prisoners who committed capital offenses (sentenced to life in prison) must now only serve 20 years before being eligible for parole. Additionally, the bill establishes certain factors parole boards must consider that are expected to result in earlier releases such as "greater capacity of juveniles for change, as compared to that of adults". Oppose is the Limited Government Position as ensuring public safety and protecting property rights serve as essential components of government. Unfortunately, this bill is one of many so-called criminal justice "reforms" which have led to skyrocketing crime rates and are being advanced in state legislatures by George Soros and other radical-left billionaires through their funding of advocacy organizations on both sides of the political aisle.

Threatening Public Safety through a Mass Jailbreak for Prisoners who Committed Murder and other Violent Crimes as Juveniles.

This bill serves as the enabling legislation for constitutional amendment HJR 3. Through this bill and the constitutional amendment, a $3.4 billion research endowment is created for Texas State University, Texas Tech University, the University of Houston and the University of North Texas. The funds for the bill will come from the state's Economic Stabilization Fund, commonly referred to as the "rainy day" fund. Oppose is the Limited Government Position as any excessive monies within the state's rainy-day fund should be returned to taxpayers through tax cuts, not woke universities. While it is a necessary role for government to provide quality K-12 education - ideally through school choice - college and university-level education should be funded through user fees (i.e. tuition) by those who wish to pursue their selected career path. These enormous costs should not be imposed on individuals who elect to pursue activities other than higher education, such as those who start their own businesses or work in the trades.

Raiding the State's Rainy Day Fund to Channel over $3.4 Billion in Additional Funding to Woke Universities.

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 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 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 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 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 prohibits local governments from enacting any ordinances which require a firearm owner to obtain liability insurance for "damages resulting from negligent or willful acts involving the use of the firearm." Support is the Limited Government Position as James Madison and our nation's other founding fathers understood that the right to keep and bear arms is a crucial individual liberty and protects the citizenry against a tyrannical government. This measure provides an additional layer of protection for individuals to exercise their Second Amendment rights without being unduly restricted by government.

Protecting Second Amendment Rights by Preventing Localities from Imposing Liability Insurance Mandates on Firearm Owners.

This bill prohibits 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 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 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 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 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 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 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.

The Zwiener amendment #14 to a bill prohibiting Diversity, Equity, and Inclusion offices at public colleges and universities. The amendment adds language requiring each public college and university to be committed to an environment of "racial, ethnic, and religious diversity that reflects the racial, ethnic, and religious diversity of the state of Texas." Oppose 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. However, if taxpayer funds are provided to state institutions of higher education, their usage should be based on merit, not racial or religious discrimination.

Advancing Affirmative Action by Mandating College Campuses Represent the Racial, Ethnic, and Religious Diversity of Texas.

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 contains a major provision which requires taxpayers to fund "expanded access to broadband services in economically distressed communities". The new spending will unlock additional funds under the federal "Broadband Equity, Access, and Deployment Program" and is expected to provide significant new revenue to Comcast which lobbied for the bill. Oppose is the Limited Government Position as the private sector and free market are best equipped to determine where broadband is most needed and which expansion projects are most economically viable. This measure forces taxpayers to enrich woke corporations such as Comcast for infrastructure which may soon be unnecessary due to significant advances in satellite technology from Comcast's competitors such as Elon Musk's Starlink.

Enriching Comcast and other Woke Corporations by Forcing Taxpayers to Provide "Broadband Equity" through a Government Central Planning Scheme.

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 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.

Tom Craddick

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