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Current Articles & Research Resources, September 27

Sep 27

posted by TexasLRL in Current Articles, Research Resources

In this weekly post, we feature helpful research tools and recent articles of interest to the legislative community. 

  • Track the fiscal impact of Hurricane Harvey on state agencies. (Legislative Budget Board, September 11, 2018)
  • Review recent oil and gas production statistics from across the state. (Railroad Commission of Texas, September 25, 2018)
  • Be ready to vote by registering or confirming your registration. (Texas Secretary of State, September 7, 2018)
  • Find hunting, fishing, and boating regulations in TPWD's Outdoor Annual. (Texas Parks and Wildlife Department, 2018-2019)

Members of the Texas legislative community may request the articles below here or by calling 512-463-1252. 

  • "Military bets on Austin's big ideas." By Mike Cronin. Austin Business Journal, September 21, 2018, pp. 4-7.
    Discusses how landing the Army Futures Command and the increase in defense spending will impact the Austin region's business community and the developing national security industry.
  • "Final opioid package should include several Medicaid provisions that improve access to care: But one remains a serious concern." By Anna Bailey, et al. Center on Budget and Policy Priorities, Updated September 18, 2018, pp. 1-7.
    Provides a status update on federal legislation to address the opioid epidemic, including Medicaid access to substance abuse treatment. Related information at: https://www.congress.gov/bill/115th-congress/house-bill/6.
  • "Does it matter if a political candidate has huge student-loan debts? Georgians will decide." By Dan Bauman. Chronicle of Higher Education, September 7, 2018, p. A55.
    Considers how voters might weigh significant student-loan debt when deciding on candidates to support. Highlights the case of Stacey Abrams, Democratic candidate for Georgia governor.
  • "Animal harm." By Jacob Holzman. CQ Weekly, September 17, 2018, pp. 22-25.
    Describes environmental implications of the border wall, particularly for animal and butterfly habitat. Discusses 2010 flooding along the existing border wall on the Rio Grande River.
  • "Narrow banking: A hornets' nest." Economist, September 22nd-28th, 2018, p. 69.
    Reports on a complaint against the Federal Reserve Bank of New York for stalling the creation of a bank with a novel business model — a bank that restricts itself to receiving deposits but does not make loans to companies or individuals. Considers the operation risks associated with narrow banking. Related information at: https://faculty.chicagobooth.edu/john.cochrane/research/papers/Complaint%20(filed).pdf.
  • "DNA testing seeks answers for dyslexia." By Sarah D. Sparks. Education Week, September 12, 2018, pp. 1, 9.
    Details Yale University study that could lead to the development of a genetic screening tool for early identification of students with dyslexia. Addresses benefits and concerns of using DNA testing in a school environment.
  • "Quality counts 2018: K-12 assessment and change for success." By Alyson Klein, et al. Education Week, September 5, 2018, pp. 1, 16-26.
    Compares performance among the 50 states on several accountability measures, including test scores, high school graduation rates, poverty gaps, and student achievement. Grades Texas an overall C- on K-12 achievement, C on chance for success, and D+ on school finance.
  • "Checkpoint nation: Border agents are expanding their reach into the country's interior." By Melissa del Bosque. Harper's Magazine, October 2018, pp. 35-42.
    Explores the powers of Customs and Border Protection to set up security checkpoints and conduct search and detention operations within the "border zone," defined as 100 miles from any land or coastal boundary of the United States.
  • "The price of health care: Why is the United States an outlier?" By Tal Gross and Miriam J. Laugesen. Journal of Health Politics, Policy, and Law, October 2018, pp. 771-791.
    Examines and deconstructs various explanations why the United States spends more than any country on health care. Argues that since policy makers cannot adjust provider reimbursement rates down, they need to rework the nature of reimbursement all together.
  • "Cities getting smarter." Public Utilities Fortnightly, September 2018, pp. 36-40.
    Features an interview with the CEO of CPS Energy, Paula Gold-Williams, regarding how the municipal utility is adapting to the evolving industry.
  • "Fiscal decentralization and financial condition: The effects of revenue and expenditure decentralization on state financial health." By Akheil Singla and Samuel B. Stone. State and Local Government Review, June 2018, pp. 119-131.
    Analyzes several economic, political, and demographic indicators to explore the relationship between fiscal decentralization to the local government level and long-term state financial condition.
  • "Drop in Mexican-born immigrants attributed to hostility here, opportunity there." By Tim Henderson. Stateline (Pew Charitable Trusts), September 20, 2018, pp. 1-5.
    Discusses factors that have reduced the number of Mexican-born immigrants living in the United States. Includes Texas among the states with the largest drop in Mexican immigrant population.
  • "Financial squeeze." By Sean Price. Texas Medicine, September 2018, pp. 23-24, 26-27.
    Examines the firing of physicians and closure of seventeen Children's Health Pediatric Group clinics in the Dallas area. Highlights the problems of low Medicaid payment rates, relying on nurse practitioners and physician assistants to provide the majority of medical care, and the possibility of reduced access to care for Medicaid patients.
  • "The life of the American teacher." By Katie Reilly. Time, September 24, 2018, pp. 26-33.
    Examines the current experience of public school teachers, including declining teacher salaries and benefits, education budget cuts, and a record-high pay gap between teachers and other comparably educated professionals. Notes teacher walkouts and demonstrations in states from Arizona to Oklahoma this year.

The Legislative Reference Library compiles this weekly annotated list of Current Articles of interest to the legislative community. Professional librarians review and select articles from more than 300 periodicals, including public policy journals, specialized industry periodicals, news magazines, and state agency publications. Members of the Texas legislative community may request articles using our online form.

This entry was posted on September 27, 2018 at 3:15 PM and has received 746 views. Print this entry.

Interim Hearings – Week of October 1, 2018

Sep 26

posted by TexasLRL in 85th Session, Interim hearings

Today's Committee Meetings on the LRL website is a calendar of interim committee hearings with links to agendas. Below are resources related to upcoming Interim Hearings.

 

For recent posts on Interim Hearings, see Interim Hearing Resources on the LRL homepage. The "Recent Entries" list on the left provides quick access to interim hearings posts from previous weeks.

October 2

House Committee on Land & Resource Management (Dallas) 

Charge: Texas' eminent domain statutes and balance between infrastructure growth and fair compensation for landowners

Charge: State Power Program operated by the GLO

 

October 3

House Committee on Land & Resource Management (Corpus Christi) 

Charge: General Land Office (GLO) role and efforts during the recovery period following Hurricane Harvey, disaster readiness and protocols, assessment of public lands

Charge: Texas' eminent domain statutes and balance between infrastructure growth and fair compensation for landowners

 

Charge: State Power Program operated by the GLO

 

 

Topic: Monitoring and prescribing of controlled substances in this state

This entry was posted on September 26, 2018 at 3:15 PM and has received 1148 views. Print this entry.

New & Noteworthy: September 2018

Sep 25

posted by TexasLRL in New & Noteworthy

The Library is continually adding new books to its collection. Below are the six titles from our September 2018 New & Noteworthy list. 

Check out and delivery of New & Noteworthy titles is available to legislative staff in Capitol and District offices. To arrange check out and delivery of any of these items, you can submit an online request through the New & Noteworthy page on our website, contact the library at 512-463-1252, or use our PDF request form.

 

1. Start Here: A Road Map to Reducing Mass Incarceration
By Greg Berman and Julian Adler
Analyzes various successful criminal justice reform programs and initiatives that could help redefine what justice looks like in America. Points out that no one "silver bullet" exists that could single-handedly reform the American justice system; however, there are proven reforms that could impact and improve the lives of justice-involved individuals right now rather than simply locking them away.
The New Press, 2018. 211 pages.
364.60973 B456S 2018


 

 

2. Election Law in a Nutshell
By Daniel P. Tokaji, Charles W. Ebersold, and Florence Whitcomb
Offers a brief survey of election law's development over time. Highlights key court cases and issues that have shaped voting rights and elections in the United States.
West Academic Publishing, 2017. 330 pages.
342.7307 T573E 2017


 

 

3. Slavery by Another Name: The Re-Enslavement of Black People in America from the Civil War to World War II
By Douglas A. Blackmon
Presents a Pulitzer Prize-winning examination of how American slavery continued, even after the Emancipation Proclamation, in the form of forced labor without compensation, buying and selling of labor, physical coercion, and leasing convicts. Describes primary documents and personal narratives of African Americans arrested and forced into labor in the U.S. economic system in the 20th century.
Doubleday, 2008. 403 pages.
305.896 B566S 2008


 

 

4. Once Upon a Time in Texas: A Liberal in the Lone Star State
By David Richards
Examines in a heartfelt and humorous memoir the four decades David Richards devoted to civil rights, voter rights, labor law, school finance reform, and general civil liberties in Texas, as an attorney and former husband of Governor Ann Richards. Describes a small but vibrant group of liberal activists and politicians fighting for social justice from the 1950s to the 1990s in a very conservative state.
University of Texas Press, 2002. 275 pages.
942.085 R39ON 2002


 

 

5. Interim Report to the 86th Texas Legislature
By House Select Committee on Economic Competitiveness
Summarizes the select committee's work examining how Texas can remain competitive in attracting and retaining private sector businesses. Includes a list of public hearing witnesses, analysis of factors contributing to Texas' business environment, letters from businesses and organizations, and recommendations for continued improvement.
House Select Committee on Economic Competitiveness, 2018. 50 pages.
Online at: https://lrl.texas.gov/scanned/interim/85/Ec74hc.pdf
L1836.85 EC74HC


 

 

6. Report to the 86th Legislature
By Senate Select Committee on Violence in Schools and School Security
Provides an overview of testimony and discussion heard by the select committee as it explored various approaches to reducing violence in schools and improving school security. Concludes each interim charge's section with the committee's policy recommendations.
Senate Select Committee on Violence in Schools and School Security, 2018. 30 pages.
Online at: https://lrl.texas.gov/scanned/interim/85/SCmteSchoolViolence.pdf
L1836.85 IN8S

This entry was posted on September 25, 2018 at 3:15 PM and has received 865 views. Print this entry.

Current Articles & Research Resources, September 20

Sep 20

posted by TexasLRL in Current Articles, Research Resources

In this weekly post, we feature helpful research tools and recent articles of interest to the legislative community. 

  • Review the draft State Flood Assessment. (Texas Water Development Board, September 17, 2018)
  • Read a multi-state report on the legal challenges of social media for employers. (Seyfarth Shaw LLP’s Social Media Practice Group, 2017-2018 edition)
  • Consider the scam call epidemic and the increase in scam calls to consumers' mobile phones. (CNET, September 14, 2018)
  • Explore an online edition of the Congressional Research Service's U.S. Constitution Annotated. (Legal Information Institute, Cornell Law School, accessed September 19, 2018)

Members of the Texas legislative community may request the articles below here or by calling 512-463-1252. 

  • "Occupational perfection: Identifying the careers high in volume and pay." By G. Scott Thomas. Austin Business Journal, September 7, 2018, pp. 4-5.
    Points out how Austin compares nationwide in occupations that are highly represented and highly compensated.
  • "NYU's free medical school has lessons for higher ed." By Beckie Supiano. Chronicle of Higher Education, September 7, 2018, pp. A46-A47.
    Examines New York University's decision to offer full-tuition scholarships to all current and future students in the doctor-of-medicine program. Reports the school hopes this will bring more socioeconomic diversity to the school and allow graduates to choose practices in health care in parts of the country that are currently underserved.
  • "Charter partnerships could bring changes for teachers." Classroom Teacher (Texas Classroom Teachers Association), Summer 2018, pp. 20-22.
    Discusses benefits and risks of charter partnerships, which allow school districts to partner with charter schools or other approved entities to assist failing campuses.
  • "America's housing market: Fixer-uppers." Economist, September 15th-21st, 2018, pp. 72-73.
    Reports how technology companies such as Opendoor are replacing real estate agents by buying and selling homes directly, speeding up and simplifying the home sales process.
  • "The financial crisis: Unresolved." Economist, September 8th-14th, 2018, pp. 20-22.
    Explains how the financial system has changed since the collapse of Lehman Brothers ten years ago. Questions whether policymakers have learned the right lessons to prevent another financial crisis.
  • "Safety burden looks at start of new school year." By Evie Blad. Education Week, September 5, 2018, pp. 1, 15.
    Discusses school safety challenges and security measures, school violence rates over time, and how school districts are responding. Notes consideration of 261 new school safety bills in state legislatures across the country since the school shooting in Parkland, Florida.
  • "The US training system for physicians — Need for deeper analysis." By S. Claiborne Johnston. JAMA (Journal of the American Medical Association), September 11, 2018, pp. 982-983.
    Calls for increased data collection and analysis efforts on undergraduate and graduate medical education. Suggests topics to be considered such as the physician shortage and the role of osteopathic schools and physicians.
  • "More immigration, less teen employment." By Steven Camarota. National Review, September 10, 2018, pp. 14-16.
    Discusses research on the decline of teen summer employment and suggests immigrants have displaced teens in the labor market. Related information at: https://cis.org/Report/2018-Shaping-Be-Another-Bad-Summer-Teen-Employment.
  • "Back to the blackboard." By Jill Lepore. New Yorker, September 10, 2018, pp. 86-88, 90-93.
    Focuses on the history and legal reasoning of Plyler v. Doe, a case beginning in Tyler, Texas and ending with a 1982 United States Supreme Court opinion, holding the state cannot deny students a free public education, regardless of immigration status.
  • "What Netflix and Amazon pricing tell us about rate design's future." By Lon Huber and Richard Bachmeier. Public Utilities Fortnightly, September 2018, pp. 60-63.
    Explores the possible benefits and criticisms of applying a subscription service business model to energy utilities. Report at: https://www.navigantresearch.com/reports/defining-the-digital-future-of-utilities.
  • "The evolution of dual credit." By Amy Magee. Texas Lone Star (Texas Association of School Boards), September/October 2018, pp. 26-29, 43.
    Presents information on the dual credit program in Texas. Discusses the Texas Higher Education Coordinating Board's current study of dual credit effectiveness. Related information at: http://www.thecb.state.tx.us/index.cfm?objectid=D455C380-7BA9-11E8-AE230050560100A9. 
  • "Capitol matters." By Joey Berlin. Texas Medicine, September 2018, pp. 32-35.
    Lists the Texas Medical Association's recommendations for addressing Texas' Medicaid managed care problems; offers next steps to take in developing telemedicine programs.
  • "Coming of age." By Joey Berlin. Texas Medicine, September 2018, pp. 14-21.
    Extols the benefits of HJR3 and HB4, 78th Legislature, R.S., the Medical Malpractice and Tort Reform Act. Correlates the legislation's limits on medical liability suits with the record numbers of physicians settling in Texas and specialists filling voids in rural areas.

The Legislative Reference Library compiles this weekly annotated list of Current Articles of interest to the legislative community. Professional librarians review and select articles from more than 300 periodicals, including public policy journals, specialized industry periodicals, news magazines, and state agency publications. Members of the Texas legislative community may request articles using our online form.

This entry was posted on September 20, 2018 at 3:15 PM and has received 993 views. Print this entry.

Interim Hearings – Week of September 24, 2018

Sep 19

posted by TexasLRL in 85th Session, Interim hearings

Today's Committee Meetings on the LRL website is a calendar of interim committee hearings with links to agendas. Below are resources related to upcoming Interim Hearings.

 

For recent posts on Interim Hearings, see Interim Hearing Resources on the LRL homepage. The "Recent Entries" list on the left provides quick access to interim hearings posts from previous weeks.

September 25

House Committee on County Affairs

Charge 3: Defendants' and inmates' behavioral health needs, mental health services upon release from the criminal justice system  

Charge 4: Population limitations found in Local Government Code Section 154.041 and Local Government Code Section 113.047, whether counties with population below 190,000 could benefit from population limitations being removed  

 

Charge 5: Monitor agencies and programs under the Committee's jurisdiction and implementation of relevant legislation passed by the 85th Legislature: indigent defense and family drug treatment courts 

 

September 26

House Committee on County Affairs

Charge 3: Defendants' and inmates' behavioral health needs, mental health services upon release from the criminal justice system [see September 25 hearing]

 

Charge 5: Monitor agencies and programs under the Committee's jurisdiction and implementation of relevant legislation passed by the 85th Legislature: behavioral health intervention on the school setting and Sandra Bland Act implementation

 

House Select Committee on Cybersecurity

Topic: State agency cybersecurity and data privacy practices, and HB 8, 85th Legislature, R.S., implementation

Topic: State of election security in Texas

Topic: Report on the Jack Voltaic 2 Cybersecurity Exercise

 

September 27

Joint Interim Committee on Disclosure of Emergency Call Information

Topic: Process, rules, handling, and processing of the disclosure of recordings and transcripts of emergency calls made by a subsequently deceased individual to a public safety agency or a public safety answering point

  • HCR 140, 85th Legislature, R. S., Requesting the lieutenant governor and the speaker of the house of representatives to provide for a joint interim legislative study regarding the confidentiality of emergency calls.
  • HB 3640, 85th Legislature, R.S., Relating to the confidentiality of an emergency call.

 

House Committee on Natural Resources (Brownsville)

Charge 9: Water development opportunities involving neighboring states and Mexico; impact of noncompliance with the 1944 treaty with Mexico on the Rio Grande Valley Region  

Charge 6: Expedited decertification process created under SB 573, 82nd Legislature, R.S.; process for resolving disputes and assessing compensation for utilities whose service areas are decertified

Specific issues related to Charge 3: Status of groundwater policy in Texas: (b) Developments in case law regarding groundwater ownership and regulation, and (d) The appropriate consideration of the service area of a water supplier when groundwater resources are allocated based on surface ownership

 

September 28

Joint Interim Committee to Study State Judicial Salaries

Topics: State judicial salaries, the salaries of the highest appellate courts of the nine most populous states other than Texas, the salaries of judges on the United States Courts of Appeals, and the average starting base salaries of first-year associate attorneys at the five largest law firms in Texas

 

This entry was posted on September 19, 2018 at 3:15 PM and has received 1350 views. Print this entry.

Organizing, Preserving, and Providing Access to Legislative Information Since 1969

Sep 18

posted by TexasLRL in LRL news

The Legislative Reference Library recently updated our exhibit about the library and its work. Come by and learn more about our creation and leadership, discover answers to frequently asked questions, enjoy now and then photos of our reading room, and see photos documenting our work over time.

 

Now and then, the LRL in 2018 and 1910. See that bucket next to the man in the foreground of the picture? Yup, that's a spittoon. Our tables don't come with spittoons anymore, but visitors can bring their (covered) drinks to our library!

This entry was posted on September 18, 2018 at 3:15 PM and has received 1581 views. Print this entry.

Current Articles & Research Resources, September 13

Sep 13

posted by TexasLRL in Current Articles, Research Resources

In this weekly post, we feature helpful research tools and recent articles of interest to the legislative community. 

  • Be prepared in the event of a hurricane. (Office of the Texas Governor, accessed September 13, 2018)
  • Explore state regulation of short-term rentals. (National Conference of State Legislatures, September 2018)
  • Read about the benefits of walking. (Outside Online, September 10, 2018)
  • Review the process for appointments to the U.S. Supreme Court. (Congressional Research Service, September 7, 2018)

Members of the Texas legislative community may request the articles below here or by calling 512-463-1252. 

  • "Center court." By Mark Walsh. ABA Journal: The Lawyer's Magazine, September 2018, pp. 20-21.
    Discusses how United States Supreme Court justices rate on an ideological scale that does not rely exclusively on past votes.
  • "A new way to Uber." By Joshua Brustein. Bloomberg Businessweek, September 2, 2018, pp. 23-24.
    Profiles Uber's investment in the electric scooter market. Mentions how electric scooter businesses are navigating city ordinances and permitting restrictions.
  • "Contraception challenge." By Rokia Hassanein. Church & State, September 2018, pp. 4-5.
    Reports on a lawsuit challenging a settlement between the Trump administration and Notre Dame that allows the university to use religion to deny students and staff access to birth control. Related information at: https://nwlc.org/wp-content/uploads/2018/06/Complaint.pdf.
  • "Silicon Valley: A victim of its own success." Economist, September 1st-7th, 2018, pp. 19-22.
    Explains why Silicon Valley's preeminence as the epicenter of technology is on the wane, due in part to the technology industry's geographical diversification.
  • "Post-Wayfair options for states." By Joseph Bishop-Henchman, Hannah Walker, and Denise Grabe. Fiscal Fact (Tax Foundation), August 29, 2018, pp. 1-21.
    Reviews the United States Supreme Court's recent decision in South Dakota v. Wayfair and discusses a "Wayfair checklist" of how state laws on sales tax collection would be considered constitutional under the Court's standard. Categorizes Texas as a "steady yellow light," meaning the state should proceed only after making legislative changes, including membership in the Streamlined Sales and Use Tax Agreement. Related information at: https://www.supremecourt.gov/opinions/17pdf/17-494_j4el.pdf.
  • "Current eminent domain laws are fair for landowners." By Thure Cannon. Houston Business Journal, August 30, 2018, p. 42.
    Argues that the Texas pipeline industry has treated landowners fairly in cases of eminent domain. Suggests both sides need to work together to avoid costly litigation.
  • "Community health workers: Key partners in improving children’s health and eliminating inequities." By Sinsi Hernandez-Cancio, Shadi Houshyar, and Maria Walawender. Internet Resource, September 2018, pp. 1-16.
    Proposes the deployment and sustainable financing of community health workers [CHWs] into maternal and child health care delivery. Provides examples of ways CHWs have driven health equity for children and improve health outcomes for children of color.
  • "Hospitals and the unexpected impacts of Hurricane Harvey." By Wendy Lyons Sunshine. Internet Resource, July/August 2018, pp. 1-2.
    Recaps lessons learned by hospital administrators about where their medical facilities and staff were well-prepared for a disaster like Harvey and where they need to improve.
  • "Can't hardly wait – Cryptocurrency and state tax legislation." By Charlie Kearns and Dennis Jansen. Journal of MultiState Taxation and Incentives, September 2018, pp. 6-11, 48.
    Explains the basics of bitcoin and blockchain technology and explores recent trends in state cryptocurrency legislation, focusing on Vermont's "Blockchain-Based LLC" regime. Related information at: https://legislature.vermont.gov/assets/Documents/2018/Docs/ACTS/ACT205/ACT205%20As%20Enacted.pdf.
  • "Credits and incentives update: How does the economic policy of tax reform impact economic development in the United States?" By Michael Eickhoff. Journal of State Taxation, Fall 2018, pp. 19-20, 44.
    Discusses the effect of the Tax Cuts and Jobs Act on economic development initiatives, including creation of the Opportunity Zone program to incentivize capital investment in low-income areas.
  • "Nexus news: Quill's physical presence nexus requirement is gone: What now?" By Jane Summers Haas and Daniel L. Stanley. Journal of State Taxation, Fall 2018, pp. 5-10.
    Describes the effect of the United States Supreme Court's June 21 decision in South Dakota v. Wayfair overturning the physical presence standard for sales and use tax collection on remote and out-of-state sellers. Highlights reactions to the decision in the states, and various state initiatives to establish economic thresholds, rather than physical presence, for sales and use tax collection. Related information at: https://www.supremecourt.gov/opinions/17pdf/17-494_j4el.pdf.
  • "The future of hours of work?" By John Pencavel. Policy Brief (Stanford Institute for Economic Policy Research), September 2018, pp. 1-4.
    Considers whether American employers are likely to follow other countries' experiments with shorter, more accommodating work hours and whether shorter hours would affect the structure of earnings.
  • "Keeping pace with emerging technologies." By R. K. Pendergrass. Public Power, July/August 2018, pp. 16-23.
    Provides three examples of utilities, including Bryan Texas Utilities, that have turned to new technologies to keep up with the changes the industry faces.
  • "The impact of tax and expenditure limitations on municipal revenue volatility." By Tucker C. Staley. State and Local Government Review, June 2018, pp. 71-84.
    Finds that more stringent tax and expenditure limitations [TEL] at the state level result in greater volatility of municipal revenues, using data from the Fiscal Policy Space project that includes data from Texas cities. Discusses the history and general impact of TELs in the states.
  • "States see energy booms along with economic expansion." By Tim Henderson. Stateline (Pew Charitable Trusts), September 11, 2018, pp. 1-5.
    Reports rising oil and gas prices over the past two years are boosting many states' economies. Notes Texas and New Mexico had the largest recent increases in oil production.
  • "Active shooters: FBI reviews behaviors that may signal impending violence." By Barry Thompson. Texas Banking, September 2018, pp. 13-15.
    Discusses demographic characteristics, firearms acquisition, and planning behaviors of active shooters, as identified in a June 2018 FBI report, A Study of Pre-Attack Behaviors of Active Shooters in the United States Between 2000 and 2013. Report at: https://www.fbi.gov/file-repository/pre-attack-behaviors-of-active-shooters-in-us-2000-2013.pdf/view.
  • "Speaking out: State Senator Lois W. Kolkhorst." Texas Builder, July/August 2018, pp. 28-29.
    Interviews Senator Lois W. Kolkhorst about tree mitigation, regulatory restrictions, transportation and water infrastructure funding, and the response to Hurricane Harvey.
  • "Safety, security strategies." By Dax Gonzalez. Texas Lone Star (Texas Association of School Boards), August 2018, pp. 28-29.
    Summarizes discussion on school emergency plans addressed in the House Committee on Public Education, which met on June 27, 2018.

The Legislative Reference Library compiles this weekly annotated list of Current Articles of interest to the legislative community. Professional librarians review and select articles from more than 300 periodicals, including public policy journals, specialized industry periodicals, news magazines, and state agency publications. Members of the Texas legislative community may request articles using our online form.

This entry was posted on September 13, 2018 at 3:15 PM and has received 1027 views. Print this entry.

Interim Hearings – Week of September 17, 2018

Sep 12

posted by TexasLRL in 85th Session, Interim hearings

Today's Committee Meetings on the LRL website is a calendar of interim committee hearings with links to agendas. Below are resources related to upcoming Interim Hearings.

 

For recent posts on Interim Hearings, see Interim Hearing Resources on the LRL homepage. The "Recent Entries" list on the left provides quick access to interim hearings posts from previous weeks.

September 19

House Committee on Higher Education (Kingsville)

Charge: Dual credit course offerings

Charge: Financial losses to 2- and 4-year institutions, including facilities, from Hurricane Harvey

Charge: Title IX and sexual misconduct policies at institutions of higher education

 

September 20

Senate Select Committee on Property Tax Reform

Charge: Voter engagement in local government decisions around budgets and property tax rates through digital media and social media 

Charge: Property tax data and collection methods 

Charge: Effective tax rate and rollback tax rate calculations; appraisal review boards (ARBs) 

 

This entry was posted on September 12, 2018 at 3:15 PM and has received 1144 views. Print this entry.

Legislating on the Range: Ending the Fence Cutting War of the 1880s

Sep 11

posted by TexasLRL in Legislation, Texas history

For most of the 1800s, Texas was open range. Then barbed wire came along, and even a trail driver like William H. Day saw the benefits of owning and then fencing off his newly purchased land in Coleman County. His wife, Mabel Doss Day, wrote about his efforts in a September 1879 letter: "Col. Day is building a fence around his pasture, which when done will contain forty thousand acres of land….He has twenty men at work on the fence and it keeps him busy bossing them."[1]

 

Mabel Day's involvement in the ranch became much more hands-on in 1881, after her husband died from injuries sustained in a stampede. To address debt and other concerns, she reorganized as Day Cattle Ranch Company, sold half-interests in her cattle to investors in Kentucky (while retaining full title to the land), and by 1883, Day Cattle Ranch was the largest fenced ranch in Texas.[2] Mabel Day became known as the "Cattle Queen of Texas."[3]

 

However, 1883 also saw an extensive drought and with it, the beginning of the fence wars. Cowmen without land struggled to find adequate grass and water on public land, and landowners sometimes were guilty of enclosing public land and roads with their fences. At least three men were killed in fights between fence cutters and ranchmen, and by fall 1883, damage from fence wrecking was estimated at $20 million.[4]

 

On September 13, 1883—135 years ago this week—the Austin Weekly Statesman noted that wire fence cutting had arrived in Coleman County.[5] Mabel Day was one of the many whose fence suffered. "They cut more than five miles of her fence and tacked a notice on her gate post that if she put the fence back up 'there would be the largest coroner's inquest in that pasture ever held in Texas.'" She did put the fence back up, only to have 10 more miles cut in broad daylight. Even when she sent armed men out to protect her fence, they were outnumbered, and she lost more than 100 miles of fence.[6]

 

Mabel Day became one of the leading voices in urging the legislature to action. Her letter to the editor of the Coleman Voice was reprinted in several newspapers, including the October 11, 1883, Austin Weekly Statesman: " For my part I think the men (?) who destroyed five miles of my fence last week could have with as much justice burnt my house…. I would like to address a question to the stockmen of this section. Is there no recourse for us in the matter? Should you, as business and law abiding men adopt any plan to protect your property I would beg to considered as one among you."[7]

 

A few days later on October 15, Gov. John Ireland called a special session of the 18th Legislature to convene in January 1884 and address fourteen topics, including "to consider and provide a remedy for wanton destruction of fences." In his message to the Legislature when they convened, Gov. Ireland casted blame on both the ranch owners and fence cutters. The House Committee on Fence Cutting was formed, several versions of bills to address the matter were introduced, and much debate ensued.

 

A central point of dispute for the lawmakers was whether punishment should be equal for illegal fence cutting and illegal fence building. In the final January 31 vote on House Bills 2, 8, and 9, Reps. Wortham, Galt, Garrison, and Burns are recorded in the House Journal saying, "We vote "no," because we believe that the punishment for the unlawful fencing of land and the cutting of a fence should be alike—that is to say, if the crime of fence cutting is declared a felony, the unlawful fencing of land should also be declared a felony. To do otherwise will very naturally be construed to mean class legislation, and create widespread dissatisfaction, well calculated to aggravate the evil now afflicting the State."

 

However, the bills passed in a 71-22 vote. Acts 1884, 18th 1st C.S.,ch. 21, General Laws of Texas, set out punishment for fence cutters; Acts 1884, 18th 1st C.S.,ch. 24, General Laws of Texas, required gateways in every three miles of fencing. Faced with jail time, the fence cutters put down their wire cutters; ranch owners installed gates. Mabel Day married Captain J.C. Lea in 1899 and moved with him to New Mexico, but she continued to oversee her Coleman County ranch. At the time of Mabel's death in 1906, her daughter inherited debt-free (and fenced) land.[8]

 

Tile image by Flickr user eflon and used under a Creative Commons Attribution Generic license.

 
[1] "Colonel William H. Day: Texas Ranchman," by James T. Padgitt, The Southwestern Historical Quarterly v. 53, July 1949-April 1950, Texas State Historical Association, Austin, TX (https://texashistory.unt.edu/ark:/67531/metapth101126/, accessed August 27, 2018), University of North Texas Libraries, The Portal to Texas History.

[2] Handbook of Texas Online, Elizabeth Maret, "Lea, Mabel Doss," accessed August 21, 2018, http://www.tshaonline.org/handbook/online/articles/flejr.

[3] Texas Historical Foundation. Texas Heritage, Fall 1984; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth45447/: accessed August 27, 2018), University of North Texas Libraries, The Portal to Texas History.

[4] Handbook of Texas Online, Wayne Gard, "Fence cutting," accessed August 21, 2018, http://www.tshaonline.org/handbook/online/articles/auf01.

[5] "Mrs. Mabel Day and the Fence Cutters," by James T. Padgitt, West Texas Historical Association Year Book, October 1950, https://padgitt.blogspot.com/2012/11/mrs-mabel-day-and-fence-cutters.html, accessed September 5, 2018.

[6] "Fence Cutting War Was Stormy Time," Coleman Democrat-Voice, August 12, 1980, (https://texashistory.unt.edu/ark:/67531/metapth733459/, accessed August 27, 2018), University of North Texas Libraries, The Portal to Texas History.

[7] The Austin Weekly Statesman, v. 13, No. 6, Ed. 1, Thursday, October 11, 1883, (https://texashistory.unt.edu/ark:/67531/metapth277915/: accessed August 29, 2018), University of North Texas Libraries, The Portal to Texas History.

[8] Handbook of Texas Online, Elizabeth Maret, "Lea, Mabel Doss."

This entry was posted on September 11, 2018 at 3:15 PM and has received 3715 views. Print this entry.

Current Articles & Research Resources, September 6

Sep 6

posted by TexasLRL in Current Articles, Research Resources

In this weekly post, we feature helpful research tools and recent articles of interest to the legislative community. 

  • Review President Trump's adjustments to federal pay increases. (The White House, August 30, 2018)
  • Read about the importance of natural light in the workplace. (Harvard Business Review, September 3, 2018)
  • Explore election laws related to alcohol. (National Conference of State Legislatures, August 23, 2018)
  • Consider the role convention centers play in communities. (Fiscal Notes, August 2018)

Members of the Texas legislative community may request the articles below here or by calling 512-463-1252. 

  • "Dual-credit classes serve some students in Texas well. But not all." By Katherine Mangan. Chronicle of Higher Education, August 17, 2018, p. A21.
    Highlights the Texas experience with dual-credit college classes. Presents the findings of studies by the Texas Higher Education Coordinating Board and the University of Texas System that show many students are well served but results may be dependent upon other factors. Report at: http://www.thecb.state.tx.us/index.cfm?objectid=D455C380-7BA9-11E8-AE230050560100A9.
  • "Immigration: Crossing continents." Economist, August 25th-31st, 2018, pp. 16-18.
    Reviews the immigration policies and experiences of Sweden, the United Arab Emirates, and America. Proposes four policies that can help maximize the benefits of immigration, minimize its costs, and boost public support for it.
  • "Hate in schools." By Francisco Vara-Orta. Education Week, August 22, 2018, pp. 1, 16-20.
    Examines how hate-related and bias incidents are affecting students, educators, and school climate in K-12 schools. Notes most students targeted by hate incidents attend schools in suburban areas.
  • "Labor's last stand: Unions must either demand a place at the table or be part of the meal." By Garret Keizer. Harper's Magazine, September 2018, pp. 23-32.
    Discusses recent United States Supreme Court rulings on organized labor and the political debate about public-sector labor unions. Considers current challenges in the labor movement in the Trump era, and the economic relationship between capital and labor.
  • "Medicaid/CHIP participation reached 93.7 percent among eligible children in 2016." By Jennifer M. Haley, et al. Health Affairs, August 2018, pp. 1194-1199.
    Reports that children's participation in Medicaid/CHIP rose between 2013 and 2016 to reach 93.7 percent, but that growth has slowed since 2016.
  • "One year after the storm: Texas Gulf Coast residents’ views and experiences with Hurricane Harvey recovery." By Liz Hamel, et al. Internet Resource, August 2018, pp. 1-53 (Note Length).
    Measures Gulf Coast residents' challenges with housing, financial assistance, health care, and mental health after Hurricane Harvey, and examines views on priorities and preparedness moving forward. Notes that most affected residents say they have not received financial assistance, or that the financial help they have received will cover very little of their losses.
  • "Work requirements for health coverage." By Andy Slavitt. JAMA (Journal of the American Medical Association), August 28, 2018, pp. 746-747.
    Argues that Medicaid work requirements will harm three groups of people: those who work but cannot consistently maintain the required hours, individuals whose disabilities are not recognized by the state, and those who would get lost in the administrative paperwork requirements. Advocates for Montana's approach of linking Medicaid with job training resources.
  • "Supreme Court abandons physical presence standard: An in-depth look at South Dakota v. Wayfair." By Sarah Horn, et al. Journal of MultiState Taxation and Incentives, September 2018, pp. 12-17.
    Considers the practical effects of South Dakota v. Wayfair on state sales tax authority and revenue collection. Discusses state "economic nexus" laws in South Dakota, Florida, and New York, and state reporting and notice requirements for out-of-state sellers. Related information at: https://www.supremecourt.gov/opinions/17pdf/17-494_j4el.pdf.
  • "'More important than motorcycles'." By Kevin D. Williamson. National Review, August 27, 2018, pp. 26, 28-29.
    Profiles reality star Jesse James and his move from California to Texas and his new gunsmithing business. Compares the regulatory climates of California and Texas and explains how the gun culture has evolved to a new focus on precision marksmanship popularized by late Navy SEAL Chris Kyle and by craftsmen such as James.
  • "The truth about the Second Amendment." By Charles C.W. Cooke. National Review, August 27, 2018, pp. 32, 34-36.
    Reviews the various interpretations of the Second Amendment, from a collective right of states to an individual's right to bear arms, by examining a variety of historical sources.
  • "States make more progress rebuilding rainy day funds." By Barb Rosewicz. Stateline (Pew Charitable Trusts), August 29, 2018, pp. 1-9.
    Compares states' progress in rebuilding and expanding their rainy day funds since the last recession.

The Legislative Reference Library compiles this weekly annotated list of Current Articles of interest to the legislative community. Professional librarians review and select articles from more than 300 periodicals, including public policy journals, specialized industry periodicals, news magazines, and state agency publications. Members of the Texas legislative community may request articles using our online form.

This entry was posted on September 6, 2018 at 3:15 PM and has received 1222 views. Print this entry.

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