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Week in Review, April 7th

Texas Legislators: Past & Present


Texas Legislators: Past & Present 
 

a database providing information about legislators
in Texas from 1876 through present. 

If you have biographical information or photographs
you would like to share with the library,
please send us an email at
lrl.service@lrl.state.tx.us
or call us at
512-463-1252. 

We welcome your assistance!

School Finance in Texas

School finance is a topic of heavy discussion this session as state lawmakers debate how to fund public education in the face of a budget shortfall.  In this blog post, we've compiled a list of online resources that provide basic overviews of the school finance system in Texas.

School Finance 101: Funding of Texas Public Schools (Texas Education Agency, January 2011)

http://www.tea.state.tx.us/WorkArea/linkit.aspx?LinkIdentifier=id&ItemID=2147495107&libID=2147495104

An Introduction to School Finance in Texas (Texas Taxpayers and Research Association, January 2012)
http://www.ttara.org/files/document/file-4f1732f763446.pdf

Texas Tribune's School Finance Primer (March 31, 2011)
http://www.texastribune.org/texas-education/public-education/how-to-navigate-texas-school-finance-system/

School Daze (Texas Observer, March 30, 2011)
http://www.texasobserver.org/cover-story/school-daze

Texas Education Agency's page on School Finance

http://www.tea.state.tx.us/index2.aspx?id=6957&menu_id=645&menu_id2=789

Resources for the current Texas School Finance system (Texas Association of School Boards)

http://www.tasb.org/legislative/resources/current.aspx

Tracking the Education Dollar (Texas Association of School Boards, February 2011)
http://www.tasb.org/legislative/resources/documents/trackingtheeducationdollar2011.pdf

Education Finance (National Conference of State Legislatures)

http://www.ncsl.org/default.aspx?TabID=756&tabs=951,64,221#221

Funding
Funding for public education comes from a combination of state, local and federal revenue.  In the General Appropriations Act, state funding for public education is found in Article III, where it is nearly all appropriated to the Texas Education Agency (TEA).  Article III public education funding also is appropriated to the State Board for Educator Certification, the Texas School for the Deaf, the Texas School for the Blind and Visually Impaired, and the Teacher Retirement System.

See a discussion of proposed Article III public education funding (in CSHB 1):
CSHB 1: The House Appropriation Committee's proposed budget for Fiscal 2012-2013 (see Art. III: Public Education) :
http://www.hro.house.state.tx.us/pdf/focus/CSHB1_82.pdf

For TEA operating budgets, legislative appropriations requests, and other funding information, see:
http://www.tea.state.tx.us/index.aspx?id=2147495409&menu_id=645&menu_id2=789&cid=2147483657

Week in Review, March 31st

  • See how tax collections among the 50 state governments have fluctuated. (U.S. Census Bureau, March 2011)
  • Determine alternative approaches to federal funding of highways. (Congressional Budget Office, March 2011)
  • Explore how communities across Texas are struggling with maintaining the profitability of private prisons. (NPR, March 28, 2011)
  • Consider how Hispanics have contributed to the nation's population growth over the past decade. (Pew Hispanic Center, March 24, 2011)
  • Note that violence in the workplace continues to decline. (Bureau of Justice Statistics, March 29, 2011)
  • Read about Florida's SB736 that Governor Rick Scott has signed into law, reforming teacher pay in Florida, and find a summary of the bill. (The Miami Herald, March 24, 2011)
  • Review Colorado's SB40, the youth concussion law aimed at protecting young athletes. (The Boulder Daily Camera, March 30, 2011)

Bills in the News: Homeowners' Associations & Property Owners' Associations

Homeowners' associations in Texas enforce their bylaws and deed restrictions, and can levy assessments against homeowners who fail to pay dues or violate the bylaws or deed restrictions. Recent news stories and other publications outline the powers of homeowners' associations, and explore bills introduced in the 82nd Legislature that would limit some of the powers of homeowners' associations. Some powers particularly of interest lately have been related to homeowners' associations' ability to foreclose and their ability to restrict the use of solar panels.
 
Bills filed in the 82nd Legislature related to homeowners' and property owners' associations can be found under the subject Property Interests--Property Owners Association. To view a list of bills related to homeowners' associations' ability to foreclose on assessment liens, use the bill search feature of the Texas Legislature Online and select subject criteria: Property Interests--Property Owners Association (I0618), and Property Interests--Mortgages & Liens (I0605). To view a list of bills related to homeowners' associations' ability to restrict the use of solar energy devices, select subject criteria: Property Interests--Property Owners Association (I0618), and Energy--Solar (I0316).
 
The August 12, 2010 issue of Interim News from the House Research Organization examines the authority of homeowners' associations in Texas.
 
A news story from Austin ABC affiliate KVUE explores homeowners' associations power to foreclose.
 
The Dallas Morning News reports that a homeowners' associations reform bill, SB142, has been approved in the Senate Committee on Intergovernmental Relations.
 
The Legislative Reference Library recently added to its collection the Texas Homeowners Association Law: The Essential Legal Guide for Texas Homeowners Associations and Homeowners by Gregory S. Cagle, published in 2010. The book covers laws governing the administration and operation of homeowners' associations in Texas.
 
The Real Estate Center at Texas A&M University offers a handful of informative documents related to the powers of homeowners' associations and how the Texas Legislature has limited these powers in recent sessions:
Current law on homeowners' associations in Texas is in Title 11 of the Texas Property Code.

Track Proposed Legislation with the Index to Sections Affected

More than 5,000 bills and joint resolutions have been introduced so far during the 82nd Legislature; many of these bills propose adding to, amending or repealing existing laws. 
 
The Index to Sections Affected, produced by the Legislative Reference Library, can help you track how proposed legislation would affect existing laws. 
 
Let's say you are searching for bills affecting podiatrists, governed by Occupations Code chapter 202. Simply select Occupations Code from the dropdown menu, and enter 202 in the Section / Legislature box to see a list of all introduced bills which would affect this chapter.
 
You can also search for changes to laws which have not been codified and are only found in the session laws, if you know the session and chapter of the law. 
 
For example, the Bexar Metropolitan Water District was created by Chapter 306, Acts of the 49th Legislature, Regular Session, 1945. To find legislation proposing changes to the district, select the "Session Laws" from the dropdown Code menu, then enter the number 49 in the Section / Legislature box.
 
You can search entries from the 76th Legislature through the 82nd by code and section. Library staff indexes each version of each bill, so you can see how legislation evolves over the course of a session. Use the Status options to specify which versions to search. If a bill is vetoed, the veto will be noted on all entries associated with the bill.
 
 
After a session, it may be some time before print and online statutes are updated. Use the Index to Sections Affected to search for bills with the status "Enrolled" to determine whether laws you are researching were amended by any passed bills.

Week in Review, March 24th

  • Find out the state-by-state economic impact of long term care facilities. (American Health Care Association, January 2011)
  • Consider where to count the prison populations for the purposes of redistricting. (Stateline, March 21, 2011)
  • View a map of income inequality and disparities along demographic, economic, cultural, and political lines in America. (The Atlantic, March 8, 2011)
  • Review rankings of state child care center regulation and oversight. (National Association of Child Care Resource & Referral Agencies, March 2011)
  • Note that the Haynesville Shale in Louisiana recently surpassed the Barnett Shale in shale gas production. (U.S. Energy Information Administration, March 18, 2011)
  • Get updates from the U.S. Environmental Protection Agency on the nuclear emergency in Japan. (U.S. Environmental Protection Agency, March 2011)

Nuclear Energy: State and Federal Regulation

In the wake of the earthquake, tsunami, and nuclear disaster in Japan, questions about the safety of nuclear energy are being raised.  In this post, we provide information about nuclear energy as it is regulated in Texas and at the national level.  For general background and information about nuclear energy in Texas, see the Texas Comptroller's Energy Report, Chapter 8 on Nuclear Energy (2008).

The U.S. has 104 operating nuclear reactors.  Locations and additional details about individual reactors are available on this
map (U.S. Nuclear Regulatory Commission, October 2010).  In Texas, there are two operating nuclear reactors: Comanche Peak in Glen Rose and the South Texas Project located near Bay City.  Six new power reactors are being proposed in the state.  Locations of these project power reactors include additional units at Comanche Peak and at the South Texas Project, as well as new units in Victoria County.   

Commercial nuclear power reactors in the U.S. are regulated by the
U.S. Nuclear Regulatory Commission (NRC).  The Commission provides information about the reactor oversight process, as well as regulations, guidance, and communications of operating reactors. 

Texas is one of 37 "
agreement states," allowing it to regulate radioactive material in-state, excluding federal facilities and nuclear power reactors.  A map of all agreement states is provided by the NRC, and includes links to individual state regulations and official documents.  Texas' regulatory scheme is also described on the website of the Texas Department of State Health Services, Radiation Control Program (updated March 2011).  The site also provides a history of radiation control in Texas.   

Radioactive waste can generally be classified as low-level or high-level waste. 
Information about these classifications, as well as storage and disposal of radioactive waste, is provided by the NRC.  Under the Texas Radiation Control Act (Health & Safety Code, Ch. 401), processing, storage and disposal of most types of low-level radioactive waste in Texas is regulated by the Texas Commission on Environmental Quality.  The NRC provides information about low-level waste disposal facilities in the U.S.  At present, there is not a permanent disposal facility for high-level waste, however one has been proposed at Yucca Mountain, Nevada.   

Week in Review, March 17th

  • Explore the cost of pensions to the states. (The New York Times, March 10, 2011)
  • Read about the recent rally of teachers and their supporters the Texas Capitol. (Stateline, March 14, 2011)
  • Find state legislation related to federal health care reform. (National Conference of State Legislatures, 2011)
  • Review Census 2010 redistricting data. (U.S. Census Bureau, 2011)
  • Learn what happens during a federal government shutdown. (Congressional Research Service, February 18, 2011)
  • Gauge the severity of nuclear incidents and accidents. (International Atomic Energy Agency, accessed March 17, 2011)

Sunset Review of State Agencies: FAQs

In the 2010-2011 biennium, 28 state agencies were subject to review by the Sunset Advisory Commission.  The Commission recently published its recommendations in its Report to the 82nd Legislature (February 2011). 

In this post, we answer commonly asked questions about the Sunset Advisory Commission and the sunset review process.

What is sunset review?
From the Commission's
Guide to the Sunset Process - "Sunset is the regular assessment of the continuing need for a state agency to exist.  While standard legislative oversight is concerned with agency compliance with legislative policies, Sunset asks a more basic question: Do the agency's functions continue to be needed?  The Sunset process works by setting a date on which an agency will be abolished unless legislation is passed to continue its functions.  This creates a unique opportunity for the Legislature to look closely at each agency and make fundamental changes to an agency's mission or operations if needed.

The Sunset process is guided by a 12-member body appointed by the Lieutenant Governor and the Speaker of the House of Representatives.  Assisting the Commission is a staff whose reports provide an assessment of an agency's programs, giving the Legislature the information needed to draw conclusions about program necessity and workability."

Who are the current members of the Sunset Advisory Commission?
The Commission is made up of five House members, five Senate members, and two members of the public.  The Senate members are:
Sen. Glenn Hegar, Jr. (chair), Sen. Juan "Chuy" Hinojosa, Sen. Joan Huffman, Sen. Robert Nichols, and Sen. John Whitmire.  The House members are: Rep. Dennis Bonnen (vice chair), Rep. Rafael Anchia, Rep Byron Cook, Rep. Linda Harper-Brown, and Rep. Larry Taylor.  The two public members are Charles McMahen and Lamont Jefferson

What agencies were reviewed for this session?
A total of 28 state agencies were under sunset review in the 2010-2011 biennium.  To see a list of these agencies, see page 3 of the Sunset Advisory Commission's
Report to the 82nd Legislature.  Agency self-evaluations, Sunset staff reports, and other documents related to the review process can be found on the Commission's website

How do I find sunset bills?
During the legislative session, the Sunset Commission files legislation to enact improvements identified during the sunset review process.  A list of Sunset Commission bills introduced during the 82nd Regular Session is available
online.

What agencies will be up for review in 2013?
37 state agencies are scheduled for sunset review in the 2012-2013 biennium.  Appendix A of the Sunset Advisory Commission's
Report to the 82nd Legislature contains a list of these agencies. 

Which state agencies are subject to the Sunset Act and where can I find the dates of their last and next review?
The Sunset Commission's
Guide to the Sunset Process provides a list of state agencies subject to the Sunset Act and the dates of their next and last review (see pg. 75.)

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