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Legislative Reference Library of Texas
your partner in legislative research

Week in Review

Mar 10

posted by TexasLRL in Week in review

  • Examine revenue estimating errors that have affected the states during the recession. (Pew Center on the States / Nelson A. Rockefeller Institute of Government, March 2011)
  • Explore employee health benefit costs to employers. (Kaiser Family Foundation, February 2011)
  • Note that employer sponsored health coverage continues to decline. (Gallup, March 4, 2011)
  • Review a statistical portrait of women in America that tracks demographic and family changes, education, employment, health, and crime and violence. (U.S. Department of Commerce, Economics and Statistics Administration / Executive Office of the President, Office of Management and Budget, March 2011)
  • Get some sleep—a recent poll shows Americans aren't sleeping enough. (National Sleep Foundation, March 7, 2011)

This entry was posted on March 10, 2011 at 3:15 PM and has received 1392 views. Print this entry.

Bills in the News: Concealed Handguns on College Campuses

Mar 8

posted by TexasLRL in Bills in the News

Allowing concealed handguns on college campuses is a topic that has been hotly debated in Texas and in other states.  The issue has come up again this session, and the Texas Legislature has introduced 6 bills on the subject to date. To view a list, use the bill search feature of the Texas Legislature Online and select subject criteria: Education--Higher--Institutions & Programs (I0223), and CONCEALED HANDGUNS (S0241).
 
Here are a few current stories that provide detailed information about the issue in Texas:
·        "Texas poised to pass bill allowing guns on campus." Associated Press, carried by The Dallas Morning News, February 20, 2011.
·        "Possible campus gun law spurs questions from area school officials." The Longview News-Journal, February 23, 2011.
·        "UT chancellor warns against guns on campus." The Austin American-Statesman, February 26, 2011.
·        "Aggies reject guns on campus". The Bryan Eagle, March 2, 2011.
·        "Texans divide over guns on campus." The Wall Street Journal, March 3, 2011.
 
Texas law on concealed handguns is available via the Texas Department of Public Safety (last updated Nov. 2010).
 
Currently, Utah is the only state that allows concealed handguns on campus. The Supreme Court of Utah issued an opinion, clarifying the statutes that allow concealed handguns on campuses.
 
To learn more about various state weapons laws on college campuses, try the National Conference of State Legislatures, which provides "Guns on Campus: Overview" and "Guns on Campus: Resources."

 

This entry was posted on March 8, 2011 at 4:19 PM and has received 2563 views. Print this entry.

Amending the U.S. Constitution

Mar 7

posted by TexasLRL in Legislation

How can the U.S. Constitution be amended?
Article V of the U.S. Constitution prescribes how an amendment can become a part of the Constitution. 
 
Article V reads “The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.”
 
Under Article V, amendments to the Constitution must first be proposed, either by Congress or by a Constitutional Convention, and must then be ratified by three-fourths of the states.
 
All amendments to date have been proposed by Congress; the convention method of proposing amendments to the Constitution has never been used.
 
Have there been efforts to call a Constitutional Convention to amend the U.S. Constitution?  How would it work?
Since 1789, state legislatures have submitted more than 400 calls for a constitutional convention.  These petitions have dealt with a variety of topics, including the direct election of Senators, income taxes, congressional apportionment, school assignments, school prayer, and the federal budget. In several cases, these efforts have come very close to obtaining petitions from requisite two-thirds of state legislatures.   
 
A number of questions surround the convention method of amending the Constitution.  Must the petitions call for a convention be identical, very similar, or just deal with the same topic?  Can petitions issued years or even decades apart be counted together?  Can a convention be limited to considering amendments on a specific topic, or could a convention be free to consider any changes to the Constitution?
 
The following sources discuss these issues:
Has Texas ever petitioned for a Constitutional Convention to propose amendments to the U.S. Constitution?
The Texas Legislature has passed a number of resolutions calling for a constitutional convention to propose amendments to the U.S. Constitution:
 
Is the Legislature currently considering any resolutions petitioning Congress to call a constitutional convention?
A number of resolutions have been filed relating to the United States Constitution, including several calling for a constitutional convention.  You can find them under the subject "Resolutions--United States Constitution" at Texas Legislature Online.
 

This entry was posted on March 7, 2011 at 10:58 AM and has received 1804 views. Print this entry.

Week in Review

Mar 3

posted by TexasLRL in Week in review

  • Read about the success of ignition interlock devices. (The Community Guide, Centers for Disease Control and Prevention, February 17, 2011)
  • Find facts about and ways to prevent alcohol-impaired driving. (Centers for Disease Control and Prevention, February 16, 2011)
  • Note the Utah House has passed an Arizona-style immigration bill. (Jurist, February 20, 2011)
  • Check out five things to know about Medicaid, illustrated by charts and graphs. (Kaiser Commission on Medicaid and the Uninsured, February 2011)
  • Review state by state developments in criminal justice and sentencing policy. (Sentencing Project, February 2011)
  • Consider the effects of natural gas drilling and hydraulic fracturing on community drinking water supplies. (The New York Times, February 26, 2011)

This entry was posted on March 3, 2011 at 3:39 PM and has received 1457 views. Print this entry.

175th Anniversary of Texas Independence

Mar 1

posted by TexasLRL in Texas history

Wednesday, March 2, is not only Texas Independence Day, but it is the 175th anniversary of the Texas Declaration of Independence.
 
As part of the 175th anniversary celebration, you can view the Texas Declaration of Independence and the William B. Travis letter from the Alamo, on public display now through April 21 from 8:00 a.m. - 5:00 p.m. at the Texas State Library and Archives Commission, as well as the online exhibit Texas 175: A Dozen Documents that Made a Difference; and check out Texas Monthly's Great Terquasquicentennial Road Trip through 175 stops that tell the story of Texas.


Did you know…
  •  March 2 is also Sam Houston's 218th birthday (born March 2, 1793).
  • The 14th Texas Legislature declared March 2 as Texas Independence Day in 1874 in Joint Resolution 7; this year will mark the 137th celebration of Texas Independence Day.
  • The week that includes March 2 is also Texas Week (Vernon's Ann. Civ. Stat. 6144a).
  • In anticipation of the Sesquiscentennial, the 150th anniversary in 1986, the Texas Observer reported that Prince Charles of Wales visited Austin February 20, 1986, to cut the world's largest birthday cake. The cake weighed 45 tons, 30,000 pounds just from icing, and took 93,108 eggs to make.

This entry was posted on March 1, 2011 at 5:00 AM and has received 1750 views. Print this entry.

FAQs about the Economic Stabilization ("Rainy Day") Fund

Feb 28

posted by Admin in Rainy Day Fund

The Rainy Day Fund has been a topic of much discussion recently. In this post, you'll find answers to frequently asked questions. 

When was the Economic Stabilization Fund created?

The constitutional amendment establishing the fund, HJR 2, 70th R.S. 1987, was approved by Texas voters on November 8, 1988. The following two analyses were prepared by the legislature to explain the amendment:

House Research Organization Constitutional Amendment Analysis: Amendment No. 2 (HJR 2) Economic Stabilization ("Rainy Day") Fund

Texas Legislative Council Analysis of Proposed Constitutional Amendments: Analysis of Amendment No. 2

How much money does the fund have? 

The net cash balance of the Economic Stabilization Fund is provided in the Texas Comptroller's Texas Annual Cash Report. In Fiscal Year 2010, 0599 Economic Stabilization Fund had a net cash balance of $7,692,582,232.16.   

The amount in the Economic Stabilization Fund is capped at 10 percent of the total deposits made in the previous biennium to General Revenue (GR) excluding investment income, interest income, and amounts borrowed from special funds. (Texas Constitution Art. 3, Sec. 49-g)

Has the Legislature ever spent money from the fund?

Yes, money has been appropriated from the fund. The two most recent appropriations from the fund were made in 2003 and 2005 by the 78th and 79th Legislatures. Detailed information on appropriations to and from the fund through the end of the 78th Legislature can be found in the Interim Report of the Senate Finance Committee to the 79th Legislature.

During the 79th Legislature in 2005, HB 10, 79th R.S. appropriated money from the fund for a number of purposes. The following summary is from page 15 of the House Research Organization's report Writing the State Budget:

"The supplemental appropriations bill enacted by the 79th Legislature in 2005, HB 10 by Pitts, appropriated approximately $1.1 billion from the Rainy Day Fund for fiscal 2005 and a further $872 million for fiscal 2006-07. This $1.9 billion, along with other funds, was used to finance appropriations in HB 10 for a number of budget areas, including Child Protective Services, Medicaid, CHIP, and public education."

Which bills have appropriated money from the Economic Stabilization Fund?

As of 2011, the following bills have appropriated money from the Economic Stabilization Fund:

SB 11, 71st 6th C.S. (1990)

SB 171, 73rd R.S. (1993)

SB 532, 73rd R.S. (1993)

HB 7, 78th R.S. (2003)

HB 10, 79th R.S. (2005)

A three-fifths vote in both chambers is required to appropriate money from the fund (Texas Constitution Art. 3, Sec. 49-g).

What was the economic situation in Texas when the Economic Stabilization Fund was created? 

In the mid-1980s, Texas experienced a severe economic crisis. In 1984, against a backdrop of declining tax revenues, the 68th 2nd C.S. passed a major package of tax increases. Two reports by the House Research Organization provide information on these increases:

Special Legislative Report: the June 1984 Session: a Preview

 Special Legislative Report: Key Issues of the June 1984 Special Session

The following session, the revenue continued to be lower than expected, causing problems for the State. The passage below comes from House Research Organization's Special Legislative Report: the August 1986 Special Session: a Preview

"In November 1985, the price of oil stood at $28 per barrel. By the beginning of this year, increased production by oil-producing countries, especially Saudi Arabia, started a steep price decline that turned into a freefall. In January, prices fell $5 in one week. By March, the price was $12 per barrel.… The state has reached the point that by December 1986 … it may not have sufficient cash available to cover its warrants."

The Governor called the 69th 2nd C. S. and 69th 3rd C. S. to deal with the shortfall. By the end of the 69th 3rd C.S., the Legislature had enacted both spending cuts and tax increases. A report by the House Research Organization provides detailed descriptions of both the cuts and the tax increases. Budget problems continued, and though the Legislature did not pass a General Appropriations Act during the 70th R.S. (one was eventually passed by the 70th 2nd C.S.), they did pass the Rainy Day Fund amendment to help the state weather troubled economic conditions in the future.

 

This entry was posted on February 28, 2011 at 1:56 PM and has received 15255 views. Print this entry.

Week in Review

Feb 24

posted by TexasLRL in Week in review

  • Read about how health reform has changed CHIP and Medicaid eligibility levels for children and non-disabled adults. (Kaiser Commission on Medicaid and the Uninsured, February 16, 2011)
  • See trends in health statistics in Health, United States, 2010. (Centers for Disease Control and Prevention, February 16, 2011)
  • Consider how some states are resisting school funding cuts. (Stateline, February 18, 2011)
  • Note that Arizona is cutting Medicaid services. (The New York Times, February 16, 2011)
  • Examine how pensions affect state borrowing costs. (Center for Retirement Research at Boston College, February 2011)
  • Find broadband in your area. (National Telecommunications and Information Administration & Federal Communications Commission, February 17, 2011)
  • Consider the lethal injection drug shortage. (Capitol Ideas, January/February 2011)

This entry was posted on February 24, 2011 at 6:26 PM and has received 1450 views. Print this entry.

Legislative Deadlines

Feb 24

posted by TexasLRL in Legislative process

The Texas Legislature meets in regular session for 140 days every other year. 

To keep the legislative process moving smoothly, the House and Senate rules include a series of deadlines.

Friday, March 11 is the 60th calendar day of the session.  This is the deadline for free introduction of bills and joint resolutions, other than local bills, emergency appropriations, and bills that have been declared an emergency by the governor. 

May includes so many dates of interest that the Texas Legislative Council has prepared a calendar showing deadlines for action under the House and Senate Rules.

Other significant dates can be found on the Legislative Council's Dates of Interest page.

This entry was posted on February 24, 2011 at 12:18 PM and has received 1251 views. Print this entry.

Week in Review

Feb 17

posted by TexasLRL in Week in review

  • See how job seekers with varying levels of education are faring in today's employment market. (Gallup, February 14, 2011)
  • Determine the effectiveness of border control measures at the U.S.–Mexico border. (U.S. Government Accountability Office, February 15, 2011)
  • Review federal programs and operations at "high risk" for waste, fraud, abuse, and mismanagement. (U.S. Government Accountability Office, February 16, 2011)
  • Find public place smoking bans for 2011. (Kaiser Family Foundation / statehealthfacts.org, January 2011)
  • Check out the fiscal year 2012 federal budget. (Office of Management and Budget, February 14, 2011)

This entry was posted on February 17, 2011 at 5:37 PM and has received 1265 views. Print this entry.

Interim Reports

Feb 14

posted by TexasLRL in Interim reports

In the past week, we have received reports from the following committees:

Senate Committee on Administration
House Committee on Agriculture and Livestock
Joint Committee on Oversight of Bexar Metropolitan Water District
House Committee on Border and Intergovernmental Affairs
House Committee on Energy Resources
Senate Committee on Finance
House Select Committee on Government Efficiency and Accountability

Looking for another report?  The LRL's Legislative Reports database contains interim committee charges, reports, and other substantive legislative studies published in the House and Senate Journals back to 1846. You may search by committee list, committee name, charge text, or subject.

This entry was posted on February 14, 2011 at 11:09 AM and has received 2097 views. Print this entry.

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