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Interim Hearings – Week of June 4, 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.

 

June 4

Charge: Regulatory framework of groundwater conservation districts and river authorities

Charge: Agricultural fees

 

June 5

House Committee on Culture, Recreation & Tourism (Brownsville)  

Charge 1 (Partial):  Economic, recreational, and biological impacts and needed repairs from Hurricane Harvey and the following areas and industries:

e. Travel and tourism

f. Recommendations for timely recovery from Harvey, and mitigation of future natural disasters

Charge 4: Monitor agencies and programs under the Committee's jurisdiction and implementation of relevant legislation passed by the 85th Legislature:

  • Texas Historical Commission Programs
  • Texas Parks and Wildlife Border Operations

 

House Committee on Natural Resources (Palo Duro Canyon State Park)

Charge 3: Groundwater policy in Texas, including the following issues:

a. Progress and challenges in encouraging coordination and consistency in aquifer-wide management and permitting practices;

b. Developments in case law regarding groundwater ownership and regulation;

c. Potential improvements to the existing groundwater permitting process, including those contemplated in HB 31, 85th Legislature, R.S.;

d. The appropriate consideration of the service area of a water supplier when groundwater resources are allocated based on surface ownership;

e. The designation of brackish groundwater production zones and related research;

f. Groundwater data and science needs

 

Charge: Streamlining water permitting

Charge: Monitoring, including, but not limited to:

  • SB 1511 (prioritization in the regional water plan);

  • SB 1538 (Floodplain Management Account uses);

  • SB 864 (GCD application of state water);
  • HB 2004 (Texas economic development fund for TDA); and
  • HB 3433 (Adoption of rules affecting rural communities. Make recommendations for any legislative improvements needed to improve, enhance, or complete implementation including regional water planning, flood planning, and groundwater production.)

 

June 6

House Committee on County Affairs (Corpus Christi)

Charge 1: Emergency response activities and the relationship between state, counties, non-governmental organizations, and churches in preparing for and responding to Hurricane Harvey

Charge 2: Evaluate whether counties have the necessary ordinance-making and enforcement authority to deal with flood risk in unincorporated rural and suburban areas of Texas and to ensure that new development in unincorporated areas is not susceptible to flooding.

 
Top

 

June 7

Charge: Educator preparation programs

 

House Committee on Higher Education

Charge: Efforts of 2-year and 4-year institutions to implement innovative and non-traditional models of education delivery

May 22, 2018 Primary Runoff Election Results

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

 

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
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
Keith Bell
5
Bill Liebbe
Cole Hefner
6
---
Matt Schaefer
7
---
Jay Dean
8
Wesley D. Ratcliff
Cody Harris
9
---
Chris Paddie
10
Kimberly Emery
John Wray
11
Alec Johnson
Travis Clardy
12
Marianne Arnold
Kyle Kacal
13
Cecil Ray Webster, Sr.
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
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
Erin Zwiener
Ken Strange
46
Sheryl Cole
Gabriel Nila
47
Vikki Goodwin
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
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
63
Laura Haines
Tan Parker
64
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
108
Joanna Cattanach
Morgan Meyer
109
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
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
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

Current Articles & Research Resources, May 24

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

  • Review election night returns for the primary runoff races. (Texas Secretary of State, May 23, 2018)
  • Consider the difficulties faced by those who are working but struggling to afford a middle-class lifestyle. (CNN Money, May 18, 2018)
  • Examine incidents of gun violence in schools going back to 1999. (The Washington Post, May 20, 2018)
  • Explore publications and resources related to school bus safety. (National Conference of State Legislatures, May 18, 2018)

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

  • "The birth of the new American aristocracy." By Matthew Stewart. Atlantic Monthly, June 2018, pp. 48-63.
    Explores the "meritocratic class" in America, or the 9.9 percent of the population poised between the top 0.1 percent and the bottom 90 percent. Explains the factors that define this group and have led to its existence in a time of rising inequality and falling social mobility.
  • "Why NFIB is fighting Austin's sick-leave mandate." By Will Newtown. Austin Business Journal, May 18, 2018, pp. 27.
    Explains the National Federation of Independent Business' [NFIB] position on regulatory mandates imposed by local governments.
    Related document at: http://www.austintexas.gov/edims/document.cfm?id=293797
  • "Building resilience." By Lisa McKinney. Capitol Ideas, March/April 2018, pp. 42-45.
    Highlights the necessity of infrastructure planning for states as an investment in emergency preparedness, after the record-high cost of United States weather and climate disasters in 2017. Estimates Hurricane Harvey is the most costly hurricane in United States history, at $125 billion.
  • "Facing rising corrections costs, states are course correcting." By Katie Albis. Captiol Ideas, March/April 2018, p. 34-35.
    Notes states spent $57 billion on corrections in 2016, including prison operations, probation and parole systems, alternatives to incarceration, and juvenile justice programs. Quotes Bryan Collier, executive director of the Texas Department of Criminal Justice.
  • "Pre-K punishment under spotlight in federal data." By Christina A. Samuels and Alex Harwin. Education Week, May 16, 2018, pp. 1, 20.
    Reports the federal government now requires compilation of data on the physical punishment of preschoolers in public schools.
  • "Schools play catch up to rise in student vaping." Education Week, May 9, 2018, pp. 1, 14.
    Attributes an increase of vaping in schools to a lack of regulation and the Juul device, which allows students to easily conceal their vaping habit.
  • "Black workers in right-to-work [RTW] states tend to have lower wages than in Missouri and other non-RTW states." By Valerie Wilson and Julia Wolfe, EPI Fact Sheet, May 15, 2018, pp. 1-4.
    Points out the negative association between wages and right-to-work laws, which affect both union and non-union workers.
    Related document at: http://www.ncsl.org/research/labor-and-employment/right-to-work-laws-and-bills.aspx
  • "State employees: Turnover rises in hot economy." By Jackie Benton and Bruce Wright. Fiscal Notes, May 2018, pp. 6-10.
    Notes Texas state government currently has the highest state employee turnover rate of the last five years, 18.6 percent in fiscal year 2017. Highlights the turnover crisis in correctional officers at the Texas Juvenile Justice Department and Texas Department of Criminal Justice.
  • "Transportation infrastructure: Keeping Texas moving." By Kevin McPherson, Jessica Donald and Bruce Wright. Fiscal Notes, May 2018, pp. 1, 3-5.
    Identifies Texas transportation funding needs for roads and highways, freight rail, transit, aviation, and ports through 2040, according to TxDOT's Texas Transportation Plan 2040. Report at: https://www.txdot.gov/inside-txdot/division/transportation-planning/statewide-plan/plan.html
  • "How tariffs hurt Texas companies and why they must be used cautiously." By Kevin Brady. Houston Business Journal, May 10, 2018, pp. 34.
    Discusses how increased tariffs on China are affecting Texas companies.
  • "Degenerate federalism." By Chris Pope. National Review, May 28, 2018, pp. 29-30, 32.
    Argues the major responsibilities of state governments, such as education and Medicaid, have become opportunities to claim federal funds and therefore shift costs to federal taxpayers. Proposes transforming matching fund programs to block grants to eliminate the incentive for states to inflate their expenditures.
  • "The wages of death." By Wesley Smith. National Review, May 28, 2018, pp. 16-18.
    Criticizes the expansion of assisted suicide and euthanasia laws. Claims that restrictions and strict guidelines do not guard against abuse.
  • "Power of the prosecutor." By Maya Wiley. New Republic, June 2018, pp. 9-10.
    Examines how prosecutors are reforming the criminal justice system from within instead of through the traditional legislative route. Discusses the sweeping drug policy reforms recently implemented in Philadelphia and former Dallas County District Attorney Craig Watkins' establishment of the country's first Conviction Integrity Unit.
  • "The rise of the victims' rights movement." By Jill Lepore.New Yorker , May 21, 2018, pp. 48-50, 52-55.
    Examines the victims'-rights movement and its impact on the criminal justice system. Reviews the laws and court cases that have increased victims' input in criminal trials.
  • "How the politicization of history education led to Michigan's fall." By Gordon P. Andrews and Wilson J. Warren. Phi Delta Kappan, May 2018, pp. 19-24.
    Argues the decline in Michigan's public education system occurred in part due to power shifting from educators to a few state officials with limited or no experience in schools.
  • "When cancer was conquerable." By Sarah Constantin. Reason, June 2018, pp. 34-38.
    Proposes bringing back the sense of urgency found in early cancer chemotherapy research by streamlining regulatory processes, getting new drugs to doctors faster, and basing FDA approval on a drug's safety rather than its efficacy.
  • "How earthquakes are induced." By Thibault Candela, et al. Science, May 11, 2018, pp. 598-600.
    Considers conditions in the Earth's crust that determine whether and how human activities can induce earthquakes.
  • "Oversold?" By Sean Price. Texas Medicine, May 2018, pp. 32-34.
    Explores progress and setbacks in the first few months of legally dispensing cannabis oil to Texans with epilepsy.

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 May 28, 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.

 

May 29

Joint Legislative Oversight Committee on Aging

Topic: Brain health

 

May 31

Senate Committee on Intergovernmental Relations (Pharr) 

Charge: Housing affordability, effect of local government

Resource Highlight: Deceptive Trade Practices Act Collection

On May 15, Texas Attorney General Ken Paxton announced that his office filed a consumer protection lawsuit against Purdue Pharma for violating the Texas Deceptive Trade Practices Act (DTPA) involving the company’s prescription opioids. 

 

Addressing the marketing of prescription opioid drugs is just one instance of the DTPA at work...and the Legislative Reference Library has a wealth of information about the Act. The 63rd Texas Legislature, Regular Session, created the DTPA in 1973 through HB 417 and its companion bill SB 75. In 2004, Joe K. Longley and Philip K. Maxwell donated documents to the LRL relating to the DTPA and its private remedies amendments.

 

In 2016, the DTPA collection was enhanced by the addition of the Mark L. Kincaid Papers. Kincaid, who was known as "The Policyholder's Lawyer," had a reputation for crafting public policy for the protection of insurance policy holders who had little or no ability to prevent abuses in the claims process. His records showcase efforts to curb tort reform and document the intent behind key legislation, and to monitor and influence changes to the DTPA.

 

Explore the LRL's Deceptive Trade Practices Act collection to view legislative drafts, transcripts of hearings, correspondence, news clippings, talking points, and other commentary, to gain a better understanding of the Act's legislative intent and history. You can search for specific keywords, types of documents, and by date ranges and/or bill numbers, or you can simply browse the collection.

 

Current Articles & Research Resources, May 17

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

  • Examine data sets and maps related to wind turbines in the U.S.  (The United States Wind Turbine Database, accessed May 16, 2018)
  • Explore the comprehensive online source for information about voting in Texas. (Texas Secretary of State, accessed May 16, 2018)
  • Find out about air quality in your area. (Texas Commission on Environmental Quality, accessed May 16, 2018)
  • Read about President Trump's federal court nominations during the first year of his term. (Congressional Research Service, May 2, 2018)

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

  • "Oil and gas rebound powers GDP growth." By Daniel Salazar. Austin Business Journal, May 11, 2018, p. 12.
    Reports strong mining and construction sectors fueled Texas' gross domestic product [GDP] growth in the fourth quarter of 2017, leading all other states. Estimates GDP will grow about 4.2 percent in 2018, but warns policy missteps in international trade could hurt export-dependent states. Related information at: https://www.bea.gov/newsreleases/regional/gdp_state/qgdpstate_newsrelease.htm.
  • "Helping manufacturing-intensive communities: What works?" By Timothy J. Bartik. Center on Budget and Policy Priorities, May 9, 2018, pp. 1-17.
    Discusses economic development in communities with above-average shares of manufacturing. Outlines three cost-effective ways to promote manufacturing job growth, including expansion of services to small and medium-sized manufacturers, infrastructure and land investment, and public spending on job training programs.
  • "In Kentucky, a test of Medicaid rules." By Henry Gass. Christian Science Monitor, May 7, 2018, pp. 18-20.
    Examines the procedures and rules Kentucky is using to re-design its Medicaid program and become the first state to enforce work and community engagement requirements on a portion of Medicaid recipients. Related information at: https://kentuckyhealth.ky.gov/Pages/index.aspx.
  • "A university in Texas promised scholarships to 50 Nepali students. Then it revoked the offer." Chronicle of Higher Education, May 11, 2018, pp. A20-A21.
    Highlights the recent "oversight" that caused the University of Texas at Tyler to rescind offers to 50 Nepali students of full-ride scholarships the university could not afford.
  • "Efforts to stop human trafficking." By Beth A. Williams. Harvard Journal of Law and Public Policy, Spring 2018, pp. 623-629.
    Explains the federal government's approach to stopping human trafficking. Describes efforts across the country to apprehend and prosecute human traffickers and provide assistance to human trafficking victims.
  • "Renewable power cos. see potential home in Houston." Houston Business Journal, May 3, 2018, pp. 18-19.
    Examines Houston's future as the home of leading companies in the renewable energy industry.
  • "EIA's estimates for Texas crude oil production account for incomplete state data." By Emily Geary and Jess Biercevicz. Internet Resource, March 26, 2018, pp. 1-2.
    Reports that there are differences in the data published by the United States Energy Information Administration and by the Texas Railroad Commission for crude oil and lease condensate production, which indicates differences in the treatment of incomplete and lagged data. Includes an example of recently reported data and explains why this may occur. Related information at: https://www.eia.gov/petroleum/supply/monthly/.
  • "Hurricane Harvey: The experiences of immigrants living in the Texas Gulf Coast." By Bryan Wu, et al. Internet Resource, March 2018, pp. 1-12.
    Surveys immigrants living in the Texas Gulf Coast region to better understand their experiences with Hurricane Harvey and improve ongoing and future disaster recovery efforts among this particularly vulnerable population.
  • "Rating teacher-preparation programs: Can value-added make useful distinctions?" By Paul T. von Hippel and Laura Bellows. Internet Resource, Summer 2018, pp. 1-8.
    Examines the effectiveness of ranking teacher-preparation programs based on teachers' "value-added" to student testing scores. Re-analyzes prior evaluations of teacher-preparation programs from six locations, including Texas.
  • "Weather alert: Move forward on clean energy." By Jim Murphy. Natural Resources & Environment, Spring 2018, pp. 52-53.
    Observes that weather-related disasters around the world are becoming more common and more severe. Suggests that relying more on renewable energy sources such as wind and solar provides for a more stable and secure energy supply.
  • "Emergency preparedness: Resiliency is key to effective disaster planning." By Sarah A. Deslauriers. Opflow, March 2018, pp. 26-28.
    Argues that water utilities need to develop contingency plans to prepare for and respond to extreme weather events that could negatively impact operations and reliable service. Refers to a resource from the Texas Commission on Environmental Quality. Related information at: https://www.tceq.texas.gov/drinkingwater/homeland_security/disasterprep/disasterprep.html.
  • "Powering into the future." By Glen Andersen. State Legislatures, May 2018, pp. 24-25, 27.
    Considers the costs and challenges involved in modernizing existing electricity distribution infrastructure to accommodate technological advancements and a rapidly changing energy market.
  • "This jobs program just might get people back to work." By Sophie Quinton. Stateline (Pew Charitable Trusts), May 9, 2018, pp. 1-6.
    Discusses new federal law, part of the Bipartisan Budget Act, which will require states participating in the reemployment grant program to create evidence-based programs that improve employment outcomes of people who receive unemployment compensation and reduce their time receiving benefits. Highlights Nevada's successful model. Related information at: http://evidencebasedprograms.org/document/nevada-rea-program-evidence-summary/ and https://www.congress.gov/115/bills/hr1892/BILLS-115hr1892enr.pdf#page=64.
  • "Finding ways to save new moms." By Sean Price. Texas Medicine, May 2018, pp. 36-38.
    Explores work by the Texas Medical Association's Maternal Health Congress, the Texas Maternal Mortality and Morbidity Task Force, and the Texas Department of State Health Services, to understand better Texas' maternal mortality rate and identify proposed actions.
  • "The interview: The map master Michael Li." By Michael Barajas. Texas Observer, April/May 2018, pp. 10-11.
    Interviews Michael Li, Senior Counsel for the Brennan Center’s Democracy Program and author of the Texas Redistricting and Election Law blog, on the upcoming Texas redistricting case to be heard by the United States Supreme Court. Provides background information on redistricting litigation in Texas.

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.

New & Noteworthy List for May 2018

The Library is continually adding new books to its collection. Below are the six titles from our May 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. God Save Texas: A Journey into the Soul of the Lone Star State
By Lawrence Wright
Presents a portrait of Texas through a collection of observations, personal experiences, and reflections by the author. Explores the history, culture, and politics of Texas, acknowledging its virtues as well as its many contradictions. Recounts numerous stories about Texas' colorful history, including some of the more divisive legislative battles fought inside the Capitol. Provides intimate portraits of notable Texans from both political and artistic worlds. Considers the author's love for the state alongside his concerns about its political trajectory.
Alfred A. Knopf, 2018. 349 pages.
917.6404 W933G 2018


 

 

2. We the Corporations: How American Businesses Won Their Civil Rights
By Adam Winkler
Chronicles the history of the corporate rights movement from the pre-Revolutionary period to the recent Supreme Court decisions in the Citizens United and Hobby Lobby cases. Argues these cases were not an aberration but rather marked the culmination of a 200-year campaign by corporations to obtain the same constitutional rights as individual citizens and to limit regulation of big business. Profiles Supreme Court justices, politicians, and activists who played significant roles in the movement, including Daniel Webster, Roscoe Conkling, Alexander Hamilton, Theodore Roosevelt, Thurgood Marshall, and Louis Brandeis.
Liveright Publishing Corporation, 2018. 403 pages.
346.73 W729W 2018


 

 

3. Where There's Smoke: The Environmental Science, Public Policy, and Politics of Marijuana
By Char Miller, ed.
Discusses the impact that the legal and illegal marijuana industries are having on the environment, immigrants, crime, and the economy. Reviews how cannabis legalization efforts in Oregon, Colorado, California, and Washington, D.C., have benefited them economically. Considers whether the legalization of marijuana in these states is a precursor to marijuana being removed as a Schedule I drug and allowing for federal legalization.
University Press of Kansas, 2018. 221 pages.
362.29 M612W 2018


 

 

4. Drones Across America: Unmanned Aircraft Systems (UAS) Regulation and State Laws
By Dr. Sarah Nilsson
Analyzes the ever-changing legal and regulatory framework surrounding drones and drone technology in the United States, from Federal Aviation Administration regulations to state drone laws, and best practices for operation of commercial, government, and recreational drones in different airspaces. Defines terms used in the regulation of drones: unmanned aircraft (UA), unmanned aircraft systems (UAS), and the subcategories of micro UAS, small UAS, and large UAS.
American Bar Association, Air & Space Law Forum, 2017. 349 pages.
343.7309 N599D 2017


 

 

5. Locking Up Our Own: Crime and Punishment in Black America
By James Forman Jr.
Provides historical perspective on how drug policies, gun control, policing, and sentencing became increasingly punitive starting in the mid-1970s, with the impact falling hardest on the African American community—and why many members of this community supported these harsher law enforcement tactics. Notes that despite recent reform efforts, particularly to decriminalize marijuana possession, people of color continue to be overrepresented in prison populations. Calls for a criminal justice system that seeks accountability rather than vengeance.
Farrar, Straus and Giroux, 2017. 306 pages.
364.973089 F765L 2018


 

 

6. Sources of Revenue: A History of State Taxes and Fees in Texas, 1972 to 2016
By Texas Comptroller of Public Accounts, Fiscal Management Division
Provides a guide to the history and status of Texas state revenue sources, identifying and tracking legislative changes affecting state tax and fee revenues from 1972 through 2016. Profiles each tax and fee and sets forth legal citations, revenue history, rates, and bases.
Texas Comptroller of Public Accounts, Fiscal Management Division, 2017. 252 pages.
Online at: https://comptroller.texas.gov/transparency/revenue/sources.php
C2600.8 SO85 2017


 

 

7. Spanish Water, Anglo Water: Early Development in San Antonio
By Charles R. Porter Jr.
Discusses the early development of water rights in San Antonio. Notes that the principles of water rights established in Spanish colonial land grants comprise the theoretical basis of important portions of Texas water laws still in effect today. Analyzes management and sharing of water under Spanish control from 1718 to 1836 and under Anglo control from 1836 to 1902. Attributes post-1840 and current challenges in resolving water rights disputes, as well as questionable judicial rulings, to the blending of Spanish civil law and English common law.
Texas A & M University Press, 2009. 181 pages.
333.91009764 P833S 2009

Interim Hearings – Week of May 21, 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.

 

May 22

House Committee on Urban Affairs (Houston) 

Topic: Short- and long-term housing needs and related issues resulting from Hurricane Harvey and associated flooding 

  • Action Plans and Amendments (State of Texas Plan for Disaster Recovery: Hurricane Harvey  Round 1, State of Texas Plan for Disaster Recovery: Hurricane Harvey, and amendments), Texas General Land Office, Community Development & Revitalization Program, 2018
  • Recovery Tracker, The Governor's Commission to Rebuild Texas, Updated May 4, 2018
  • Interim Hearings – Week of January 15, 2018, House Committee on Urban Affairs, January 18, Legislative Reference Library, January 8, 2018

 

Senate Committee on Higher Education

Charge: Funding models

 

Charge: Veterans health

Charge: State-delivered federal services

 

May 23

House Committee on Criminal Jurisprudence

Charge 4: Prosecutorial misconduct and ineffective assistance of defense counsel

Charge 5: Legal framework surrounding sexual assault protections

 

House Committee on Natural Resources (Brady) 

Specific issue related to charge 3: Groundwater policy in Texas; g. emerging issues in groundwater and surface water interaction, in particular in areas of increasing competition for scarce resources

 

Staff presentation and public testimony (links to Sunset Review Documents for 2018-2019 Review Cycle, 86th Legislative Session):

 

May 24

House Committee on Appropriations

Charge: Use of federal funds in response to Hurricane Harvey, federal funds and investment in infrastructure projects to reduce impact of future natural disasters

Charge: Texas Emissions Reduction Plan (TERP)

Charge: Allocation of municipal solid waste disposal fee between Waste Management Account 0549 and Solid Waste Disposal Fee Account 5000

Charge: Effectiveness of cost-recovery model as a method of finance for programs and organizations across state government

 

 

House Committee on House Administration

Topic: Select committee budgets

 

 

House Committee on Public Education

Charge: Research-based options for evaluating student achievement beyond standardized test scores; scope of the current Texas Essential Knowledge and Skills (TEKS); Student Success Initiative testing

Charge: Public school programs for students with disabilities, with an emphasis on programs specializing in autism, dysgraphia, and dyslexia; implementation and funding of pilot programs authorized in HB 21 and TEA's compliance with SB 160, which prohibits special education student caps

Top

 

Joint Legislative Oversight Committee on Health & Human Services Transition

Invited testimony

 

Staff presentation and public testimony (links to Sunset Review Documents for 2018-2019 Review Cycle, 86th Legislative Session):

Commission decisions

 

Current Articles & Research Resources, May 10

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

  • Catch up on Amendments to the Texas Constitution Since 1876. (Texas Legislative Council, May 2018)
  • Track fiscal trends in all 50 states. (Pew Charitable Trusts, May 2, 2018)
  • Read about grants released by the federal government to the states to combat the opioid crisis. (Council of State Governments, May 2, 2018)
  • Review active shooter incidents of 2016 and 2017. (Federal Bureau of Investigation, April 2018)

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

  • "Student-body president impeached at Texas State following protests." By Katherine Mangan. Chronicle of Higher Education, April 27, 2018, p. A31.
    Examines the recent impeachment of the Texas State University student body president. Highlights background events on campus including offensive fliers from white-supremacist groups, a student newspaper editorial on white privilege, and steps the administration is taking to improve the situation.
  • "The hand that blocks the cradle." By Liz Hayes. Church & State, May 2018, pp. 10-12.
    Discusses legislative efforts in several states to create religious exemptions for taxpayer-funded adoption and foster care agencies. Explains these bills are primarily crafted to discriminate against same-sex parents, but could also allow agencies to turn away couples who are interfaith, interracial, previously divorced, or who have different religious beliefs from any given agency.
  • "More carbon, less nutrition." By Elvina Nawaguna. CQ Weekly, April 23, 2018, pp. 19-21.
    Discusses the effects of rising carbon emissions on the quality of food crops. Argues increased carbon in the atmosphere is depleting the nutritional value of crops and putting low-income populations at risk for nutritional issues.
  • "Striking teachers: Pedagogic protest." Economist, May 5th-11th, 2018, p. 25.
    Reports more teacher strikes are likely as states continue to cut taxes and education spending, noting North Carolina could be the next state to face a strike. Explains the strikes are galvanizing public-sector workers in states where Democrats hope to make gains in mid-term elections and posing trouble for Republicans in states with teacher unrest.
  • "Trade and American businesses: Chain reaction." Economist, May 5th-11th, 2018, pp. 62-63.
    Examines how the Trump administration's efforts to impose tariffs on China could disrupt American firms' global supply chains. Includes chart showing the impact of proposed tariffs on certain products.
  • "Bitcoin and beyond: Alternative currencies, or history's biggest bubble?" By TJ Costello and Bruce Wright. Fiscal Notes, April 2018, pp. 6-10.
    Discusses the basics of bitcoin and cryptocurrency. Looks at the demand, security issues, and tax implications of bitcoin.
  • "The Second Amendment and a well-regulated firearms environment." By Lawrence O. Gostin and Sarah Duranske. JAMA (Journal of the American Medical Association), May 1, 2018, pp. 1763-1764.
    Argues that, given the high burden of firearm deaths, the President should declare a public health emergency and convene an expert, nonpartisan blue-ribbon panel to propose an evidence-based and constitutionally permissible legislative agenda. Lists six elements that should be included in a comprehensive public health strategy to address gun violence.
  • "Fixing flood insurance." By Leonard Shabman. Milken Institute Review, Second Quarter 2018, pp. 68-78.
    Describes how the oversight of flood insurance was entrusted to the federal government, resulting in the National Flood Insurance Program. Discusses possible program reforms being considered in Congress after the severe flooding from Hurricanes Harvey, Irma, and Maria in 2017 revealed its shortcomings.
  • "Welfare reform 2.0." By Robert Verbruggen. National Review, May 14, 2018, pp. 29-30.
    Presents the pros and cons of welfare reform proposals currently before Congress in which food stamp recipients would have more specific work requirements. Discusses whether these could be applied to other safety-net programs.
  • "Digital vigilantes." By Nicholas Schmidle. New Yorker, May 7, 2018, pp. 30-34, 36-37.
    Discusses the 1986 Computer Fraud and Abuse Act that made it illegal for companies to steal back or "actively defend" hacked information. Highlights the proposed Active Cyber Defense Certainty Act, which would legalize some activities that were prohibited by the earlier act.
  • "Drones on the border: Efficacy and privacy implications." By David Bier and Matthew Feeney. Policy Brief (CATO Institute), May 1, 2018, pp. 1-10.
    Reports the United States Customs and Border Protection's drone program has failed to live up to expectations — accounting for only 0.5 percent of apprehensions at a cost of $32,000 per arrest. Expresses concerns that the drones allow for government surveillance with minimal oversight and without warrants.
  • "A different grid perspective: Like a river." By Charles Bayless. Public Utilities Fortnightly, April 2018, pp. 68-72.
    Argues for an energy grid that is an interconnected system which will allow energy "to be coordinated and used across wide areas, increasing their value through increased optionality." Discusses reserves, balancing the difference between generation and loads, capacity factor, and cost.
  • "This new federal law will change foster care as we know it." By Teresa Wiltz. Stateline (Pew Charitable Trusts), May 2, 2018, pp. 1-5.
    Discusses a new law, part of the Bipartisan Budget Act, that changes the rules on how states can spend federal child welfare funds on foster care and child abuse prevention. Explains the law prioritizes keeping families together, limiting placements in institutional settings such as group homes. Related information at: https://www.congress.gov/114/bills/hr5456/BILLS-114hr5456pcs.pdf

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.

Legislative Foundations for the Capitol

Next week will mark the 130th anniversary since the State of Texas dedicated our current Capitol building. From May 14–19, 1888, more than 20,000 people came from all over the state to participate in festivities such as drill team competitions, military displays, band concerts, and fireworks. The events culminated with the official dedication on May 16, when Sen. Temple Houston (the youngest son of Sam Houston) accepted the building on the state's behalf.

 

The Constitution of 1876—which is still our constitution today—made financial provision for the new building in Article XVI, Sec. 57, authorizing the use of 3 million acres of public land in the Texas Panhandle to pay for the new capitol and calling on the Legislature to pass the necessary bills to begin the project. (That land would become XIT Ranch.)

 

In 1879, the 16th Legislature passed SB 21, 16R, "Relating to providing for designating, surveying and sale of three million and fifty thousand acres of the unappropriated public domain for the erection of a new state capitol and other necessary public buildings at the seat of government, and to providing a fund to pay for surveying said lands" and SB 153, 16R, "Relating to providing for building a new state capitol."

 

To facilitate the passage of Capitol-related bills, several committees were formed. During construction, committees were charged with the "programme" for the laying of the corner stone (1885) and considering the "new Capitol, grounds and cost of furnishing" (1887).

 

On May 2, 1888, HB 38, 20(1) was approved, "an Act to provide for the reception of the new State Capitol Building." They accepted the Capitol—contingent on the completion of all remaining work—and on May 10, authorized the moving of furniture from the temporary Capitol to the new one. Most offices were established in their new spaces by May 11, and the Legislature convened in its new chambers for the first time.

 

After the dedication, the work continued: in 1889, committees were formed to investigate the cost of running a capitol elevator, the acoustics of the House chamber, and Capitol grounds considerations like placing "a neat and substantial iron fence around said grounds" and "the cost of properly wiring the Capitol building, with all necessary fixtures, with the view of placing electric lights in said building." Fortunately, they did not use all of the money from the sale of the XIT land to construct the building, so they had some funding left over to address these and other budgetary needs—allocating that money was the reason for the 20th Legislature's special session in April–May 1888.

 

The work continues today—since 1853, more than 40 committees have been charged with Capitol-related topics. Modernizing the building, repairing after 1983 fire damage, and maintaining the grounds has kept the Legislature (and of course, the State Preservation Board) busy over the years. But, Sen. Houston said it well:

 

It would seem that here glitters a structure that shall stand as a sentinel of eternity, to gaze upon passing ages, and, surviving, shall mourn as each separate star expires. ~Sen. Temple Houston, Capitol Dedication Speech, May 16, 1888

 
See the Handbook of Texas' entry on the Capitol to learn more about the process of designing and constructing the building. 

 

Images

Top: [Capitol Construction], photograph, 1887~; (texashistory.unt.edu/ark:/67531/metapth124107/: accessed May 4, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Austin History Center, Austin Public Library.

Bottom: [Cavalry Troops Marching in Texas Capitol Building Dedication Parade], photograph, April 28, 1888; (texashistory.unt.edu/ark:/67531/metapth124468/: accessed May 4, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Austin History Center, Austin Public Library.

Cover: [Construction of Capitol Dome], photograph, 1888; (texashistory.unt.edu/ark:/67531/metapth124243/: accessed May 4, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Austin History Center, Austin Public Library.

 

Sources consulted:

"Capitol," Handbook of Texas Online, Texas State Historical Association

"Capitol History," Texas State Preservation Board

A Nobler Edifice: The Texas State Capitol, 1888-1988An Exhibit, the Lorenzo de Zavala State Archives and Library Building. Texas State Library, 1988.

The Texas Capitol: A History of the Lone Star Statehouse. Texas Legislative Council, 2016.

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