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Legislative Reference Library of Texas
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Current Articles & Research Resources, April 5

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

  • See how highway deck parks improve quality of life in cities. (Stateline, April 2, 2018)
  • Read about federal legislation that would improve transparency related to federal unfunded mandates. (Council of State Governments, March 28, 2018)
  • Examine racial disparities in incarceration rates. (Vera Institute of Justice, February 2018)
  • Consider the results of a blind taste test of recycled water. (EurekAlert!, March 13, 2018)

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

  • "Reckless requests." By Lorelei Laird. ABA Journal: The Lawyer's Magazine, March 2018, pp. 16-18.
    Considers Washington State's and Florida's efforts to modify their public records laws, including provisions relating to attorney fees and excessive requests.
  • "From opposition to preparation, Austin businesses gear up for sick-leave rules." By Daniel Salazar. Austin Business Journal, March 23, 2018, pp. 4-6.
    Reports on Austin's mandated sick leave ordinance and the impact on business owners' operations.
  • "Is student debt big enough to hold back the economy?" By Dan Bauman. Chronicle of Higher Education, March 16, 2018, p. A25.
    Examines student debt in terms of what research shows as to its effect on small-business start-ups, borrowers purchasing homes, and which segments of the student population holds the most debt.
  • "Autonomous vehicles: a driverless tragedy." Economist, March 24th-30th, 2018, pp. 73-74.
    Discusses the call for tighter rules and safety standards for the testing of autonomous vehicles, in the wake of the first known case of a pedestrian being killed by a self-driving car in Tempe, Arizona.
  • "The geopolitics of energy: the new power superpowers." Economist, March 17th, 2018, pp. 1, 3-12.
    Reports on the geopolitical implications of the transition from fossil fuels to cleaner energy and pinpoints the winners and losers.
  • "DACA continues for now, as does uncertainty for 'dreamers'." By Corey Mitchell. Education Week, March 7, p. 6.
    Discusses the United States Supreme Court's refusal to intervene in the legal battle over DACA, the Deferred Action for Childhood Arrivals program. Addresses the effect President Trump's current immigration policy is having on DACA eligible students' behavior and attendance.
  • "States confront a range of hurdles to swift action on school security." By Daarel Burnette II. Education Week, March 7, 2018, pp. 8-9.
    Discusses school security strategies governors and state legislatures are considering in light of the recent school shooting in Parkland, Florida. Quotes Governor Greg Abbott.
  • "The pain refugees: the forgotten victims of America's opioid crisis." By Brian Goldstone. Harper's Magazine, April 2018, pp. 53-61.
    Explores the complexities of the opioid addiction and overdose crisis, beyond the standard narrative of "doctors as dupes and patients as victims."
  • "From payday loans to pawnshops: fringe banking, the unbanked, and health." By Jerzy Eisenberg-Guyot, et al. Health Affairs, March 2018, pp. 429-437.
    Examines the correlation between health and the use of fringe banking (including payday lenders and check cashers) and/or being unbanked (not having one's own bank account). Suggests expanding social welfare programs and labor protections to reduce the need for such stressful financial programs, thus reducing the stresses fringe services place on physical and mental health.
  • "Parent mentoring program increases coverage rates for uninsured Latino children." By Glenn Flores, et al. Health Affairs, March 2018, pp. 403-412.
    Evaluates the effects of parent mentors on insuring Latino children eligible for Medicaid or the Children's Health Insurance Program [CHIP] from 2011-15 in Dallas County, Texas.
  • "Current developments in state and local tax: federal tax reform and other significant developments." By Mark L. Nachbar and Mary F. Bernard. Journal of State Taxation, Spring 2018, pp. 7-10, 38-39.
    Provides a brief overview of how the Tax Cuts and Jobs Act will impact state and local taxes. Explores other significant tax developments for individual states, including Texas.
    Related information at:  http://caselaw.findlaw.com/tx-supreme-court/1884104.html
  • "Against a weed industry." By Jonathan Caulkins. National Review, April 2, 2018, pp. 27-29.
    Argues against a for-profit industry for cannabis products at this time. Advocates restricting legal supply to nonprofit organizations and offers suggestions as to how this idea could be accomplished.
  • "The graying of the welfare state." By William Voegeli. National Review, March 19, 2018, pp. 27-30.
    Examines how increased longevity and declining birthrates are increasing the fiscal, political, and social challenges related to "welfare state" programs such as Social Security and Medicare.
  • "U.S. electric transportation: getting in gear." By Michael Britt and Tom Flaherty. Public Utilities Fortnightly, March 2018, pp. 32-39, 71.
    Argues that, by collaborating with the global original equipment manufacturer community, utilities can play a more active role in spreading public awareness and encouraging commercial adoption of electric transportation. Provides examples of what other countries have done.
  • "Guns, code, and freedom." By Mark McDaniel. Reason, April 2018, pp. 48-55.
    Presents an interview with Cody Wilson, the Austin-based gun-rights activist, who "launched the age of the digital gun" with the publication of files showing how to make a 3D-printed pistol.
  • "For end-of-life care, fresh challenges begin." By Joey Berlin. Texas Medicine, March 2018, pp. 24-29.
    Discusses SB11, 85th Legislature, 1st C.S., which establishes new requirements for in-hospital do-not-resuscitate orders.
  • "Fostering change." By Sean Price. Texas Medicine, March 2018, pp. 32-35.
    Examines SB11, 85th Legislature, R.S., by focusing on the new requirement that foster children "be seen by a physician within three business days of coming into the care of Child Protective Services."
  • "The young and the relentless." Time, April 2, 2018, pp. 24-31.
    Profiles student leaders of the new grassroots movement against gun violence that sprang up in response to the mass shooting at their school in Parkland, Florida. Discusses what students have achieved so far and their goals for the movement.

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.

Interim Hearings – Week of April 9, 2018

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.

 

April 10

House Committee on Defense & Veterans' Affairs (San Antonio) 

Charge: Aid to federal military installations and their communities in order to minimize the negative consequences of a Base Realignment and Closure

 

April 12

House Committee on Economic & Small Business Development (Richardson) 

Charge 2: Development of high-growth, high-tech start-ups, "sandbox" regulatory approach

Charge 3: Workforce needs of the state's businesses and industries

Charge 4: Distribution of state economic development incentives

 

House Committee on Insurance

Charge: Effect of Hurricane Harvey on the insurance market in Texas 

Charge: Coverage provided by the most common homeowners' insurance policy forms in Texas 

Charge: Appraisal processes under property insurance policies in Texas 

Charge: Texas' financial responsibility laws for automobile insurance, including the minimum liability limits required by state law

Topic: Cost increases in life insurance policies and consumer protections for life insurance policy holders

New & Noteworthy List for March 2018

The Library is continually adding new books to its collection. Below are the seven titles from our March 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. Armed in America: A History of Gun Rights from Colonial Militias to Concealed Carry
By Patrick J. Charles
Explores how and why the "right to keep and bear arms" has evolved over the course of history. Examines the legal and historical development of gun rights from the United States' inception. Proposes that the gun rights narrative cumulatively combines constitutional, social, civil rights, political, and many other perspectives.
Prometheus Books, 2018. 315 pages.
344.7305 C38A 2018


 

 

2. The Polarizers: Postwar Architects of our Partisan Era
By Sam Rosenfeld
Explores the deliberate ideological sorting of the two major political parties since the mid-20th century into conservative and liberal groups. Highlights key figures in this realignment and considers pathways towards a new political dynamic.
University of Chicago Press, 2018. 399 pages.
324.273 R724P 2018


 

 

3. Out of Harm's Way: Creating an Effective Child Welfare System
By Richard J. Gelles
Explores the challenges of developing a child welfare system that balances the needs of children and parents, while equipping practitioners to make literal life and death decisions. Notes that while foster care is meant to be short-term, the current system incentivizes keeping children in out-of-home placements, then ejects aging-out youth who are unprepared. Calls for identifying the system's "centers of gravity" and then working at federal, local, and cultural levels to affect positive change.
Oxford University Press, 2017. 186 pages.
362.7068 G282O 2017


 

 

4. Sentencing Fragments: Penal Reform in America, 1975-2025
By Michael H. Tonry
Provides a historical overview of sentencing and punishment in the United States. Declares that current sentencing policies are unjust, arbitrary, and too severe. Argues earlier reforms not only led to incompatible and conflicting law but contributed to mass incarceration. Critiques current strategies for reducing incarceration rates and presents a set of proposals for legislative and institutional change.
Oxford University Press, 2016. 300 pages.
365.70973 T616S 2016


 

 

5. Freedom for the Thought that We Hate: A Biography of the First Amendment
By Anthony Lewis
Describes the creation of free speech rights in the United States Constitution in five distinct areas: political speech, artistic expression, libel, commercial speech, and forms of expression such as T-shirts and campaign spending. Provides a legal overview of the United States Supreme Court's main First Amendment cases of the 20th century.
Basic Books, 2007. 221 pages.
342.7308 L585F 2007


 

 

6. The Texas Railroad Commission: Understanding Regulation in America to the Mid-Twentieth Century
By William R. Childs
Presents the institutional history of the Texas Railroad Commission (TRC) to illuminate the rise of commission-style regulation in the United States. Examines the evolution of economic regulation from the perspective of Texas and through the lens of "pragmatic federalism," a cooperative approach involving the interplay of state and national regulators with industry leaders.
Texas A & M University Press, 2005. 323 pages.
338.2 C437T 2005

Interim Hearings – Week of April 2, 2018

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.

Charge 2: Consumer rights and protections

I. Overview of Deceptive Trade Practices Act

II. Landlord/Tenant agreements

III. Texas Fair Housing Act

 

Charge 11: Congressional action on federal healthcare reform and CHIP reauthorization; conversion of Texas Medicaid funding to block grant or per capita cap; preparation for federal changes; state flexibility in administering Medicaid, including use of 1115 and 1332 waivers

Charge 18 (specific issue): Monitoring agencies and programs and implementation of legislation:

g. Medicaid cost-containment efforts

Charge 12: Reimbursement methodologies for nursing homes and assisted living facilities

 

Charge 2: Consumer rights and protections

I. Rent-to-Own agreements/disputes

Charge 3: Third party data gathering by Texas employers and businesses   

Charge 4: Impact of data breaches on Texas consumers and businesses  

 

Charge: Expand high quality education opportunities

Charge: Virtual education in the 21st century classroom

Charge: Implementation of legislation, including state matching of the federal E-rate program (SB 1)

 

Charge: Public pension systems in Texas, specifically: (1) the different types of retirement plans; (2) the actuarial assumptions used by retirement systems to value their liabilities and the consequences of amending those assumptions; (3) retirement systems' investment practices and performance; and (4) the adequacy of financial disclosures including asset returns and fees

Charge: Monitor implementation of legislation:

  • SB 2190, relating to the public retirement systems of certain municipalities
  • HB 3158, relating to the retirement systems for and the provision of other benefits to police and firefighters in certain municipalities
  • HB 3976, relating to the administration of and benefits payable under the Texas Public School Retired Employees Group Benefits Act

 

Invited testimony on the ongoing developments with NAFTA renegotiation, recently proposed steel and aluminum tariffs

Current Articles & Research Resources, March 22

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

  • Read about what states and the federal government are doing to expand broadband access. (National Conference of State Legislatures, March 2018)
  • Review gender gains and gaps over the last half century in the United States. (Pew Research, March 15, 2018)
  • Consider the number of young adults who have ridden in a vehicle with an impaired driver. (National Institues of Health, March 19, 2018)
  • Learn how to change some of your Facebook privacy settings. (Electronic Frontier Foundation, March 19, 2018)

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

  • "Truth in advertising." By Mark Walsh. ABA Journal: The Lawyer's Magazine, March 2018, pp. 20-21.
    Discusses a case pending before the United States Supreme Court that will examine whether a California law aimed at crisis pregnancy centers is a form of compelled speech that violates the First Amendment.
    Related information at: http://www.scotusblog.com/case-files/cases/national-institute-family-life-advocates-v-becerra/
  • "New directions: rethinking career and technical education." By Leslie Trahan. ATPE News (Association of Texas Professional Educators), Spring 2018, pp. 30-34, 42.
    Features the Killeen Independent School District Career Center as a case study of the increasingly popular career and technical education [CTE] courses supported by HB5, 83rd Legislature, R.S.
  • "Bullets across the border." By Lourdes Medrano. Christian Science Monitor, March 19, 2018, pp. 24-30.
    Highlights the case of Lonnie Swartz, the first border patrol agent to stand trial for killing someone on Mexican soil. Explains this Arizona case and a similar Texas case could decide the constitutional question of whether non-citizens who are not in the United States are protected by the United States Constitution.
  • "Will NRA follow big tobacco's path?" By Peter Grier. Christian Science Monitor, March 19, 2018, pp. 18-20.
    Compares and contrasts the public health, legislative, and legal debates that occurred over tobacco with the current discussion related to the gun industry and gun violence.
  • "Could North Texas' lack of college-educated millenials derail bid for Amazon HQ2?" By Bill Hethcock. Dallas Business Journal, March 2, 2018, p. 10.
    Highlights a new study that examines the demographic makeup of millenials, where they live, and how they differ on education and poverty across metropolitan areas and states. Notes Dallas-Fort Worth is among the Amazon contenders with the lowest millenial college-completion percentages.
    Report at: https://www.brookings.edu/wp-content/uploads/2018/01/2018-jan_brookings-metro_millennials-a-demographic-bridge-to-americas-diverse-future.pdf
  • "Corporate debt in America: on borrowed time." Economist, March 10th-16th, 2018, pp. 66, 68.
    Reports total debt of American non-financial corporations reached 73.3 percent (when calculated as a percentage of the GDP) in the second quarter of 2017. Notes several industries are particularly vulnerable under their debt loads — retail, energy, and utilities — and could be worse off under new tax reforms and a trade war.
  • "The looming trade war; Mr. Trump's misconceptions." Economist, March 10th-16th, 2018, pp. 23-26.
    Explains why President Trump's legal rationale for proposing tariffs on steel and alumminum imports is undermining the rules-based system of world trade that prevents trade disputes from turning into serious conflicts.
  • "Republicans split by Empower Texans influence." By Marice Richter. Fort Worth Business Press, Feb. 26-March 4, 2018, pp. 24-25.
    Considers the conflict between Empower Texans and some Republicans in the Texas Legislature.
  • "2017 in review: remote seller nexus and California, Florida, New York and Texas sales-and-use tax on software, digital goods and related products and services." By Todd Faciana, et al. Journal of State Taxation, Spring 2018, pp. 15-21.
    Highlights sales-and-use tax developments in four states, including Texas. Predicts what sales-and-use taxes will look like for stakeholders in 2018.
    Related information at: http://www.search.txcourts.gov/Case.aspx?cn=03-16-00291-CV&coa=coa03
  • "Credits & incentives update: the silver lining on the hurricane clouds of Harvey, Irma, and Maria." By Tam Vo and Ben Castro. Journal of State Taxation, Spring 2018, pp. 13-14, 39-40.
    Discusses the Employee Retention Tax Credit [ERTC], which was created as part of the Disaster Tax Relief and Airport and Airway Extension Act of 2017
    Related information at: https://www.congress.gov/bill/115th-congress/house-bill/3823
  • "Gun-violence restraining orders can save lives." By David French. National Review, March 19, 2018, pp. 12-13.
    Argues that gun-violence restraining orders [GVRO] are a public policy proposal aimed at stopping mass shootings. Lists the five elements a well-crafted GVRO law should include.
  • "In defense of local schools." By Frederick M. Hess and Andy Smarick. National Review, March 19, 2018, pp. 20-21.
    Discusses the tension between choice and local control in public education, pointing out that in smaller suburban and rural school districts, schools are the hub of communities. Suggests policy solutions should respect and accommodate both community and choice.
  • "Education as an American right?" By Julie Underwood. Phi Delta Kappan, February 2018, pp. 76-77.
    Reviews various court cases such as Plyer v. Doe, a case originating in Texas, to show court interpretations of the state's role in providing education. Considers theoretical arguments for a federal constitutional right to education.
  • "2017 Tax Reform and Jobs Act: unique challenges." Public Utilities Fortnightly, March 2018, pp. 48-49.
    Discusses how the 2017 Tax Reform and Jobs Act will affect the utility industry. Focuses on the electric industry as an example.
    Related information at: https://www.congress.gov/bill/115th-congress/house-bill/1
  • "Going to college is selfish." By Bryan Caplan. Reason, April 2018, pp. 40-46.
    Claims the social benefits don't match the staggering costs that all levels of government are spending on education. Includes a side bar, "a heretical plan for cutting spending on education".
  • "Property taxes." By Ryan Salchert. San Antonio Business Journal, March 16, 2018, pp. 12-15.
    Discusses how real estate owners in Texas are feeling the effects of rising commercial property taxes. Suggests that as property values rise, legacy property ownership and local investment become less viable.
  • "Austin Energy program option allows low-income families to participate in solar energy." Texas Public Power , January 2018, pp. 8-9.
    Discusses a new program, recently approved by the city of Austin, to assist low-income customers pay for locally produced solar power at a discounted rate.
  • "Bye Dad, I love you." By Haley Sweetland Edwards. Time, March 19, 2018, pp. 34-40.
    Illustrates the impact of stringent immigration enforcement on families, particularly children.

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.

 

Votes for Women: The 100th Anniversary of Texas Women's Suffrage

A couple of weeks ago, Texans exercised their right to vote in the primary election. But they probably didn't know that they were voting in a landmark year: 2018 is the 100th anniversary of the first time Texas women were able to vote.

 

HB 105, 35-4 (1918) was the bill that made it possible, but it was not the Texas Legislature's first effort for women's suffrage. Beginning with the 1868-1869 Texas Constitutional Convention, a resolution was submitted recommending "every person, without distinction of sex" be entitled to vote. However, that provision was amended to read "every male person." In the 1875 Texas "Redeemer" Constitutional Convention, two women's suffrage resolutions were proposed but did not move forward.

 

In 1893, a statewide women's suffrage convention was held in Dallas, and the Texas Equal Rights Association (TERA) was chartered. At that point, the 23rd legislative session was almost over, but in the 24th Legislature (1895), Rep. A.C. Tompkins introduced HJR 29 to amend Section 2, Article 6 of the Texas Constitution, allowing all female persons not subject to other disqualification the right of suffrage. The resolution was reported to the Committee on Constitutional Amendments, but was never reported out. TERA ceased functioning in 1895.

 

In 1903 the Texas Equal Suffrage Association (TESA) was formed, and the legislature saw more women's suffrage bills. HJR 17, 30R (1907), by Rep. Jess Baker, was reported favorably out of the Committee on Constitutional Amendments; HJR 8, 32R (1911), also by Baker, received a second reading, and HJR 9, 33R (1913) by Rep. F.H. Burmeister was reported favorably with amendments—but still, women's suffrage bills stalled.

 

Opposition efforts certainly didn't aid the suffragists' cause: The Texas Association Opposed to Woman Suffrage was formed in 1916, and Gov. James Ferguson was vocally against women's suffrage. TESA worked toward the impeachment of Gov. Ferguson through the Women's Committee of Good Government, supported the war effort, and then, in the 4th called session of the 35th Legislature (1918), lobbied Gov. William P. Hobby to include "consideration of the subject of amending the election laws of Texas" among the 172 topics for the special session.  

 

The called session began on February 26, 1918. On March 12, Rep. Charles B. Metcalfe, along with 14 co-authors, introduced HB 105. This bill took an incremental approach: rather than amending the constitution to allow women to vote in all elections, it provided for women to vote in all primary elections and nominating conventions in Texas. The bill passed the House (84-34) on March 15, and passed the Senate (18-4) on March 21.

 

On March 26, 1918, Gov. Hobby signed HB 105 in the presence of Rep. Metcalfe and other legislators, as well as leaders of the women's suffrage movement, including Minnie Cunningham, Nell Doom, Elizabeth Speer, and Jane McCallum. Rep. Metcalfe provided a fountain pen for the governor and presented it to Cunningham after the signing.

 
However, the bill did not go into effect for 90 days, and the next primary election was on July 27—this left less than three weeks for women to register to vote. TESA organized to assist women with registering, and more than 386,000 women registered in 17 days.

 

Of course, the push toward full women's voting rights was not complete. In its regular session, the 36th Legislature passed SJR 7 to amend the Constitution to allow equal suffrage, but the measure was defeated at the polls on May 24, 1919 (with 141,773 votes for and 166,893 votes against).

 

About a month later, on June 28, 1919, Texas became the ninth state and the first southern state to ratify the Nineteenth Amendment to the U.S. Constitution. In the 36th Legislature's second called session, legislators passed HJR 1, "Ratifying an amendment to the Constitution of the United States which provides, in substance, that the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex."

 

Visit the LRL to see our "desk" of Rep. Metcalfe as it might have appeared in 1918 when he worked toward the passage of the first women's suffrage bill signed into law in Texas.

 

Images from top: HB 105, 35-4, as it appears in the session law; Rep. Charles B. Metcalfe, courtesy of the Texas State Preservation Board; Gov. William P. Hobby (seated middle) signing HB 105 in the presence of Rep. Metcalfe (seated to the governor's right) and other legislators, courtesy of a private collection via the West Texas Collection, Angelo State University, San Angelo, TX.

 

Cover image: San Antonio Express. (San Antonio, Tex.), Vol. 53, No. 86, Ed. 1 Wednesday, March 27, 1918, newspaper, March 27, 1918; San Antonio, Texas. (texashistory.unt.edu/ark:/67531/metapth434692/m1/1/?q=suffrage: accessed March 15, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Abilene Library Consortium.

Interim Hearings – Week of March 26, 2018

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.

 

House Committee on Criminal Jurisprudence

Charge: Death penalty for defendants with serious mental illness or intellectual and developmental disabilities

 

House Select Committee on Texas Ports, Innovation & Infrastructure

Charge: Pilot Boards

Charge: Port Authority Advisory Committee [PAAC]

Charge: Public-Private Partnerships

 

Senate Committee on Agriculture, Water & Rural Affairs CANCELED

Charge: Agricultural fees and state licenses in agriculture industry

 

Senate Committee on Education

Charge: Teacher compensation

Charge: Classroom conduct and teacher support, student discipline

Charge: Monitor implementation of legislation, including:

 

House Committee on Government Transparency & Operation    

Charge 1: Role of technology in disaster preparedness

Charge 2: State agency use of state disaster recovery services, including statewide technology centers

Charge 3: Open meetings laws

Charge 4: Public Information Act

Charge 5: State agency data sharing

Charge 6: Implementation of relevant legislation, specifically HB 8, 85th Legislature, R.S. (Cybersecurity for state agency information resources)

 

House Select Committee on Opioids & Substance Abuse

Charge: Prevalence and impact of substance use, substance use disorders, opioids, and synthetic drugs in Texas

 

Senate Committee on Intergovernmental Relations

Hurricane Harvey Related Charges 

Charge: Rebuilding housing and infrastructure following natural disaster

Charge: Distribution of federal disaster relief funds, including community development block grant (CDBG) funds

Charge: Debris removal

Charge: Disaster training opportunities

Interim Legislative Charge

Charge: Special Purpose Districts Bond Reform

 

Charge 4 (specific aspects): Health and Human Services Commission's (HHSC) managed care contracts, enforcement of contractual sanctions for managed care organizations (MCOs), Medicaid participants' complaints regarding access to care

Charge 10: Early Childhood Intervention Program (ECI) in Texas

 

Charge 4: Examine the Judicial Campaign Fairness Act and identify opportunities to improve the Act

Charge 7: Review the implementation of SB 73 (85R) relating to leave policies and procedures for state employees

Current Articles & Research Resources, March 15

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

  • Explore how women contribute to the Texas economy. (Texas Comptroller of Public Accounts, March 8, 2018)
  • Consider the implications of relying on inexpensive or disposable consumer goods. (The Week, March 7, 2018)
  • See what apps might come in handy for your next outdoor adventure. (Texas Parks and Wildlife Department, accessed March 14, 2018)
  • Read about the costs of elevating a home to meet floodplain regulations. (Texas Tribune, March 14, 2018)

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

  • "Number crunchers call the shots." By Mike Cronin. Austin Business Journal, February 16, 2018, pp. 4-5.
    Discusses the nationwide shortage of qualified accountants, compliance officers, and other professionals. Comments on how Austin salaries compare to national salaries.
  • "A higher gas tax won't fix U.S. roads." By Mark Niquette. Bloomberg Businessweek, March 5, 2018, pp. 48-49.
    Examines the proposed White House infrastructure plan and its costs. Questions whether a gas tax increase would provide enough funding as the number of electric and hybrid cars on the roads increases.
  • "Living on the edges." By Henry Gass. Christian Science Monitor, February 26, 2018, pp. 26-32.
    Reviews the history of colonias in Texas and explains this type of housing is providing home ownership opportunities to the poor who might normally be locked out of the housing market. Examines regulations and laws related to colonias.
    Related information at: https://texasattorneygeneral.gov/cpd/historical-laws-colonias
  • "Era of deregulation." By Eric Kelderman. Chronicle of Higher Education, March 9, 2018, pp. B20, B22.
    Discusses United States Secretary of Education Betsy DeVos's undoing of regulations and guidelines issued under President Obama. Discusses the potential reauthorization of the Higher Education Act, currently before Congress, as a major vehicle for changing higher education policy.
  • "American business and the NRA: outgunned?" Economist, March 3rd-9th, 2018, pp. 57-58.
    Considers whether companies can influence gun control policies, as the latest school shooting in Florida has activists and angry customers pressuring companies to take a stand against the National Rifle Association [NRA].
  • "Autonomous vehicles: reinventing wheels." Economist, March 3, 2018, pp. 1, 3-12.
    Presents a special report on autonomous vehicles [AVS]. Considers the implications of AVS for personal mobility, for the car industry, for society, and for policymakers.
  • "Science fiction or science fact?" By Paul K. Harral. Fort Worth Business Press, Feb. 26-March 4, 2018, pp. 14, 16.
    Explores business and scientific aspects of the "Texas T-bone" hyperloop proposition to improve transportation and environmental concerns involved with travel and shipping in Texas.
  • "Legal challenges to state drug pricing laws." By Theodore T. Lee, Aaron S. Kesselheim, and Amy Kapczynski. JAMA (Journal of the American Medical Association), March 6, 2018, pp. 865-866.
    Examines Maryland's and Nevada's laws intended to help manage and make more transparent pharmaceutical prices, and the ensuing legal challenges by the pharmaceutical industry. Notes that federal courts have rejected the industry's challenges and encourages other states to take similar action to restrain drug pricing and encourage transparency.
  • "Earning it: why work requirements don't work." By Ed Dolan. Milken Institute Review, First Quarter 2018, pp. 38-45.
    Analyzes the use of work requirements in safety net programs like Temporary Assistance to Needy Families [TANF], the Supplemental Nutrition Assistance Program [SNAP], and potentially Medicaid. Discusses research evidence showing a "feeble effect" on employment and household income, from a set of controlled experiments done in conjunction with the welfare reforms of the 1990s.
  • "The empire of everything." By Stacy Mitchell. Nation, March 12, 2018, pp. 22-27, 33.
    Describes Amazon's expansion from online retailer to developer of an entirely new commercial infrastructure, and the resulting "corporate concentration" of wealth and power, the economic shift in "left-behind" local areas, and antitrust considerations.
  • "The travel ban's road to the SCOTUS." By Marcia Coyle and Cogan Schneier. National Law Journal, March 2018, pp. 11-14.
    Reviews the Trump administration's efforts to suspend the entry of foreign nationals from seven predominantly Muslim nations. Provides a quick look at the travel ban's path to the Supreme Court of the United States [SCOTUS]. Notes the Court is scheduled to hear oral arguments on the third version of the ban in April.
  • "Shutting down scams 2017: consumers protected." By Sheri Givens. Public Utilities Fortnightly, February 2018, pp. 71-72.
    Discusses the United Utilities Against Scams' [UUAS] efforts during the past year aimed at informing and protecting consumers from scams.
  • "America's war on pain pills is killing addicts and leaving patients in agony." By Jacob Sullum. Reason, April 2018, pp. 18-29.
    Argues the crackdown on prescription opioids adversely affects legitimate patients and forces non-medical users into the black market.
  • "Ready or not." By Nina Williams-Mbengue. State Legislatures, March 2018, pp. 10-13.
    Discusses how some state legislators are preparing youth to be on their own as they transition out of foster care.
  • "Report to the citizens of Texas, fiscal 2017, Sept. 1, 2016 - Aug. 31, 2017." Texas Comptroller of Public Accounts, March 6, 2018, pp. 1-4.
    Highlights State of Texas financial information for fiscal year 2017 in a concise format, including business and job growth, state performance measures, employment and economic outlook, challenges posed by Hurricane Harvey, and a profile of the Austin, San Marcos, and San Antonio metro areas.
  • "Why is the GOP touting new gun restrictions after Parkland? Follow the money." By Philip Elliott and W.J. Hennigan. Time, March 12, 2018, pp. 15-17.
    Suggests there is monetary incentive for Republicans' willingness to discuss modest new gun restrictions. Notes that firearms sales have fallen during the Trump administration, and argues the gun industry may benefit from a discussion of gun control measures.

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.

March 6, 2018 Primary Election Results

Peruse the results of the March 6, 2018, primary election for the Texas Legislature in our charts below, and see who will be on upcoming ballots for the primary runoff on May 22, 2018 (bolded) and the midterm election on November 6, 2018.

 

Note also that, due to the vacancy left in District 13 by former Rep. Leighton Schubert's resignation, a special election will be held on May 5, 2018. See a list of the candidates on the Secretary of State's website.

 

Senate

Democrat
Republican
2
Kendall Scudder
Bob Hall
3
Shirley Layton
Robert Nichols
5
Meg Walsh
Charles Schwertner
7
David Romero
Paul Bettencourt
8
Mark Phariss
Angela Paxton
9
Gwenn Burud
Kelly Hancock
10
Beverly Powell
Konni Burton
14
Kirk Watson
George W. Hindman
15
John Whitmire
Randy Orr
16
Nathan Johnson
Don Huffines
17
Rita Lucido / Fran Watson
Joan Huffman
23
Royce West
---
25
Steven Kling
Donna Campbell
30
Kevin Lopez
Pat Fallon
31
---
Kel Seliger

 

House of Representatives

Democrat
Republican
1
---
Gary VanDeaver
2
Bill Brannon
Dan Flynn
3
Lisa Seger
Cecil Bell Jr
4
Eston Williams
Stuart Spitzer / Keith Bell
5
Bill Liebbe
Cole Hefner
6
---
Matt Schaefer
7
---
Jay Dean
8
Wesley D. Ratcliff
Cody Harris / Thomas McNutt
9
---
Chris Paddie
10
Kimberly Emery
John Wray
11
Alec Johnson
Travis Clardy
12
Marianne Arnold
Kyle Kacal
13
Cecil Ray Webster, Sr.
Jill Wolfskill / Ben Leman
14
Josh Wilkinson
John Raney
15
Lorena Perez McGill
Steve Toth
16
Mike Midler
Will Metcalf
17
Michelle Ryan
John P. Cyrier
18
Fred Lemond
Ernest Bailes
19
Sherry Williams
James White
20
Stephen M. Wyman
Terry M. Wilson
21
---
Dade Phelan
22
Joe Deshotel
---
23
Amanda Jamrok
Mayes Middleton
24
John Y. Phelps
Greg Bonnen
25
---
Dennis Bonnen
26
L. Sarah DeMerchant
D.F. "Rick" Miller
27
Ron Reynolds
---
28
Meghan Scoggins
John Zerwas
29
James Presley
Ed Thompson
30
Robin Hayter
Geanie W. Morrison
31
Ryan Guillen
---
32
---
Todd Hunter
33
Laura Gunn
Justin Holland
34
Abel Herrero
Chris Hale
35
Oscar Longoria
---
36
Sergio Muñoz, Jr.
---
37
Rene O. Oliveira / Alex Dominguez
---
38
Eddie Lucio III
---
39
Armando "Mando" Martínez
---
40
Terry Canales
---
41
Bobby Guerra
Hilda Garza DeShazo
42
Richard Peña Raymond
Luis De La Garza
43
Dee Ann Torres Miller
J.M. Lozano
44
John D. Rodgers
John Kuempel
45
Rebecca Bell-Metereau / Erin Zwiener
Ken Strange
46
Jose "Chito" Vela / Sheryl Cole
Gabriel Nila
47
Vikki Goodwin / Elaina Fowler
Paul D. Workman
48
Donna Howard
---
49
Gina Hinojosa
Kyle Austin
50
Celia Israel
---
51
Eddie Rodriguez
---
52
James Talarico
Cynthia Flores
53
Stephanie Lochte Ertel
Andrew S. Murr
54
Kathy Richerson
Scott Cosper / Brad Buckley
55
---
Hugh D. Shine
56
Katherine Turner-Pearson
Charles "Doc" Anderson
57
Jason Rogers
Trent Ashby
58
---
DeWayne Burns
59
---
J.D. Sheffield
60
---
Mike Lang
61
---
Phil King
62
Valerie N. Hefner
Reggie Smith / Brent Lawson
63
Laura Haines
Tan Parker
64
Mat Pruneda / Andrew Morris
Lynn Stucky
65
Michelle Beckley
Ron Simmons
66
Sharon Hirsch
Matt Shaheen
67
Sarah Depew
Jeff Leach
68
---
Drew Springer
69
---
James Frank
70
Julie Luton
Scott Sanford
71
Sam Hatton
Stan Lambert
72
---
Drew Darby
73
Stephanie Phillips
Kyle Biedermann
74
Poncho Nevárez
---
75
Mary E. Gonzalez
---
76
Cesar J. Blanco
---
77
Evelina "Lina" Ortega
---
78
Joe Moody
Jeffrey Lane
79
Joe C. Pickett
---
80
Tracy King
---
81
Armando Gamboa
Brooks Landgraf
82
Spencer Bounds
Tom Craddick
83
Drew Landry
Dustin Burrows
84
Samantha Carrillo Fields
John Frullo
85
Jennifer Cantu
Phil Stephenson
86
Mike Purcell
John Smithee
87
---
Four Price
88
Ezekiel Barron
Ken King
89
Ray Ash
Candy Noble
90
Ramon Romero Jr.
---
91
Jeromey Sims
Stephanie Klick
92
Steve Riddell
Jonathan Stickland
93
Nancy Bean
Matt Krause
94
Finnigan Jones
Tony Tinderholt
95
Nicole Collier
Stephen A. West
96
Ryan E. Ray
Bill Zedler
97
Beth Llewellyn McLaughlin
Craig Goldman
98
Mica J. Ringo
Giovanni Capriglione
99
Michael Stackhouse
Charlie Geren
100
Eric Johnson
---
101
Chris Turner
---
102
Ana-Maria Ramos
Linda Koop
103
Rafael M. Anchia
Jerry Fortenberry
104
Jessica Gonzalez
---
105
Thresa "Terry" Meza
Rodney Anderson
106
Ramona Thompson
Jared Patterson
107
Victoria Neave
Deanna Maria Metzger / Joe Ruzicka
108
Joanna Cattanach
Morgan Meyer
109
Deshaundra Lockhart Jones / Carl Sherman
---
110
Toni Rose
---
111
Yvonne Davis
---
112
Brandy K. Chambers
Angie Chen Button
113
Rhetta Andrews Bowers
Jonathan Boos
114
John Turner
Lisa Luby Ryan
115
Julie Johnson
Matt Rinaldi
116
Trey Martinez Fischer
Fernando Padron
117
Philip Cortez
Michael Berlanga
118
Leo Pacheco
John Lujan
119
Roland Gutierrez
---
120
Barbara Gervin-Hawkins
Ronald Payne
121
Celina D. Montoya
Matt Beebe / Steve Allison
122
Claire Barnett
Lyle Larson
123
Diego Bernal
---
124
Ina Minjarez
Johnny S. Arredondo
125
Justin Rodriguez
---
126
Natali Hurtado
E. Sam Harless
127
---
Dan Huberty
128
---
Briscoe Cain
129
Alexander Jonathan Karjeker
Dennis Paul
130
Fred Infortunio
Tom Oliverson
131
Alma A. Allen
Syed S. Ali
132
Gina Calanni
Mike Schofield
133
Sandra G. Moore / Marty Schexnayder
Jim Murphy
134
Allison Lami Sawyer
Sarah Davis
135
Jon E. Rosenthal
Gary Elkins
136
John H. Bucy III
Tony Dale
137
Gene Wu
---
138
Adam Milasincic
Dwayne Bohac
139
Jarvis D. Johnson
---
140
Armando Lucio Walle
---
141
Senfronia Thompson
---
142
Harold V. Dutton Jr.
---
143
Ana Hernandez
---
144
Mary Ann Perez
Ruben Villarreal
145
Carol Alvarado
---
146
Shawn Nicole Thierry
---
147
Garnet F. Coleman
Thomas Wang
148
Jessica Cristina Farrar
Ryan T. McConnico
149
Hubert Vo
---
150
Michael Shawn Kelly
Valoree Swanson

 

--- indicates that the party did not run a candidate in that district

Interim Hearings – Week of March 19, 2018

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.

 

 

Organizational meeting; overview of Sunset process; approval of review schedule, operating budget, and rules

 

Charge: Current state of infrastructure at Texas' international shipping ports and border ports of entry; transportation-related impediments to international trade and economic impact of those challenges, including border wait times

 

Charge: Economic Stabilization Fund: examine options to increase investment earnings; evaluate how the constitutional limit is calculated and consider alternatives methods

Charge: Monitor implementation of behavioral health, coordinating behavioral health services and expenditures, pursuant to Article IX, section 10.04, including the impact of new local grant funding  provided by the 85th Legislature

Topic: Hurricane Harvey relief and recovery

 

Charge 18: Monitor agencies and programs under the Committee's jurisdiction and implementation of relevant legislation passed by the 85th Legislature; specifically monitor:

Topic: Implementation of therapy rate increases and policy changes at HHSC

Topic: HHSC's use of appropriated funds to expand Texas's inpatient psychiatric infrastructure

Topic: Ongoing impact of critical-needs funding at DFPS

 

Topic: State of cybersecurity in Texas

 

Medicaid Managed Care Quality and Compliance

Charge: Health and Human Services Commission (HHSC) efforts to improve quality and efficiency in the Medicaid program, including pay-for-quality initiatives in Medicaid managed care; comparison of alternative payment models and value-based payment arrangements with providers in Medicaid managed care, the Employees Retirement System, and the Teacher Retirement System, and areas for cross-collaboration and coordination

Charge: Medicaid managed care organizations' compliance with contractual obligations and the use of incentives and sanctions to enforce compliance; competitive bidding practices for Medicaid managed care contracts

Health Care Cost Transparency

Charge: Efforts by Department of State Health Services and Texas Department of Insurance to increase health care cost transparency, including a review of the Texas Health Care Information Collection (THCIC) system, and the Consumer Guide to Healthcare; making provider and facility fees accessible to improve health care cost transparency and quality of care, creating an informed health care consumer base

 

Charge: System/campus expansion

 

Charge 2: Review conflict of interest laws and personal financial statement requirements governing public officers and employees

Charge 3:  Review penalties under Chapter 305, Government Code (registration of lobbyists)

Charge 5: Review procedures used at the Texas Ethics Commission; identify ways to resolve complaints

 

Child Welfare

Charge: Family preservation in the Family Based Social Services (FBSS) stage of service at the Department of Family and Protective Services, tracking quality of services and linking payments to providers of these services to outcomes for families and children

  • DFPS Data Book, Child Protective Services (CPS) Family Preservation (Fiscal Years 2015, 2016, 2017; Interactive Map), Texas Department of Family and Protective Services
  • Family Based Support Programs, Texas Department of Family and Protective Services

Charge: Department of Family and Protective Services' progress in timely visits to children involved in a reported case of abuse or neglect

Charge: Services and supports provided to children in Permanent Managing Conservatorship of the state, and the level of preparedness given to youth aging out of state care

Charge: Effectiveness of public and private agency efforts to recruit and retain foster parents, barriers to entry and obstacles that prevent interested families from continuing to provide foster care

Substance Abuse/Opioids

Charge: Substance use prevention, intervention, and recovery programs; adequacy of substance use services for pregnant and postpartum women in Medicaid or Healthy Texas Women Program; impact of legislation on overprescribing and doctor shopping via the prescription monitoring program

 

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