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Current Articles & Research Resources, April 12

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

  • Track felony offenses in Texas by code and category. (Texas Legislative Council, April 2018)
  • Map border checkpoints within the U.S. along the U.S.–Mexico border. (Cato Institute, accessed April 12, 2018)
  • Examine discipline disparities in K-12 education. (U.S. Government Accountability Office, March 2018)
  • See which produce is more likely to contain pesticide residue. (Environmental Working Group, 2018)
  • Explore political opinions of America's voting-age youth. (Harvard Institute of Politics, April 11, 2018)

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

  • "Boundary lines." By Mark Walsh. ABA Journal: The Lawyer's Magazine, April 2018, pp. 54-59.
    Examines whether new methods of analysis, specifically the use of mathematical principles, can help courts identify partisan gerrymandering that goes too far.
  • "How states use funds under the TANF block grant (2018)." By Liz Schott, Ife Floyd, and Ashley Burnside. Center on Budget and Policy Priorities, Updated April 2, 2018, pp. 1-19.
    Examines the use of Temporary Assistance for Needy Families [TANF] funds by state governments in 2016. Finds states spend slightly more than half of their combined federal and state TANF dollars on the core welfare reform areas of basic assistance, child care for low-income families, and work supports. Includes several state tables on TANF spending and identifies Texas as a state in the "Race to the Bottom," spending only six percent of TANF funds on basic assistance in 2016.
  • "New help for homeless college students." By Story Hinckley. Christian Science Monitor, April 2, 2018, pp. 17, 19-20.
    Highlights California programs that provide housing and food assistance to help homeless students stay in community colleges and other higher education institutions.
  • "Students want faster degrees. Colleges are responding." By Julian Wyllie. Chronicle of Higher Education, April 6, 2018, pp. A8-A10, A12.
    Highlights new college degree programs such as Purdue University's "Degree in 3" that allow students to graduate in three years. Explains these programs appeal to students who are cost-conscious or eager to start their careers.
  • "Facebook and democracy: the antisocial network." Economist, March 24th-30th, 2018, pp. 21-22.
    Considers whether the scandal over the use of Facebook's data by political consultant Cambridge Analytica will lead to stricter regulations concerning data protection and digital privacy.
  • "Gun laws: what works." Economist, March 24th-30th, 2018, pp. 26-27.
    Reports the absence of a federal response to mass shootings has spurred several states and cities to pass gun control laws that seem to be saving lives. Divides the laws into three categories: laws that increase scrutiny of gun buyers, "extreme-risk protection order" laws, and laws that tighten rules on gun storage.
  • "Florida extends private-school vouchers to bullied students." By Arianna Prothero. Education Week, March 21, 2018, pp. 18-19.
    Examines Florida's recently enacted law, which offers bullied students Hope Scholarships to attend private schools.
  • "Appropriately framing child health care spending: a prerequisite for value improvement." By Kao-Ping Chua, et al. JAMA (Journal of the American Medical Association), March 20, 2018, pp. 1087-1090.
    Argues that stakeholders, including policy makers, should reject language that frames child health care spending as small when compared with adult health care spending. Lists reasons why this is problematic.
  • "Sharing connections." By Leonie Heyworth. JAMA (Journal of the American Medical Association), April 3, 2018, pp. 1323-1324.
    Narrates a physician's experience providing telehealth services to a Vietnam veteran who evacuated his home during Hurricane Harvey. Advocates for a partnership between government entities and the private sector so telehealth can continue to be a tool for disaster relief and more.
  • "The 'nice girl' who saved the Second Amendment." By John J. Miller. National Review, April 16, 2018, pp. 25-27.
    Profiles historian Joyce Lee Malcolm and her research cited in the Supreme Court's Heller decision recognizing an individual right to possess a firearm. Related information at: https://www.supremecourt.gov/opinions/07pdf/07-290.pdf
  • "A new health-care debate." By Yuval Levin and Ramesh Ponnuru. National Review, April 16, 2018, pp. 28-30.
    Advocates for more market-friendly health care policy reforms through block grants for Medicaid and Obamacare funds, and more state control.
  • "Dirty politics." By Margaret Talbot. New Yorker, April 2, 2018, pp. 38-51.
    Profiles Scott Pruitt and his efforts at the Environmental Protection Agency [EPA] to focus on "EPA originalism" by grounding EPA action specifically on federal statutes and not pursuing additional, new environmental threats.
  • "Bordernomics: the US–Mexico border region." By M. Ray Perryman. Perryman Report and Texas Letter, Vol. 35, No. 2, pp. 1-3, 6.
    Describes the economy of the US–Mexico border region to determine regional dynamics and identify actions which could increase the level of trade and economic activity between the two nations.
  • "Infrastructure by the people, for the people." By John Godfrey. Public Power, March/April 2018, pp. 39.
    Emphasizes the importance of infrastructure with regard to public utilities. Explains why the American Public Power Association will oppose any effort by the federal government to move toward privatization of electric utilities.
  • "License overload?" By Albert Downs and Iris Hentze. State Legislatures, April 2018, pp. 18-19, 21-22.
    Reports that over 25 percent of today's workforce hold jobs that require an occupational license. Notes several states are reviewing licensing requirements and considering policy changes.
  • "TMA makes medicine's case post-Harvey." By Joey Berlin. Texas Medicine, March 2018, pp. 44-45.
    Reviews the Texas Medical Association's work with legislators to address challenges from Hurricane Harvey.
  • "ERCOT predicts record-breaking peak power demand this summer." Texas Public Power, March 2018, p. 1.
    Summarizes the Electric Reliability Council of Texas' [ERCOT] Preliminary Seasonal Assessment of Resource Adequacy [SARA] for Summer 2018. Updates expectations for Spring 2018 based on the final SARA report. Reports at: http://www.ercot.com/content/wcm/lists/143976/SARA-FinalSpring2018.pdf and http://www.ercot.com/content/wcm/lists/143976/SARA-PreliminarySummer2018.pdf
  • "Public power: a rich history, a bright future." By Delia Patterson. Texas Public Power, March 2018, pp. 3, 6-7.
    Provides a brief history of the public power business model. Argues that, as an integral part of the nation's electric utility infrastructure, public power utilities continue to play an important role.
  • "What can we do to stop it?" By Sean Gregory, et al. Time, April 2, 2018, pp. 32-35.
    Presents six steps for reducing gun violence in the United States. Argues it is more effective to tackle the problem as a public health issue rather than a political one.

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.

National Library Week 2018

In honor of National Library Week, we compiled some interesting facts about the Legislative Reference Library. Did you know…

  • The LRL's current location on the second floor of the State Capitol has been in continuous use as a library since 1889. Learn more about the library's adaptive historical room treatment.
  • The Legislative Reference Library was created by Acts 1969, 61st Leg., p. 154, Ch. 55 (Senate Bill 263) and placed under the direct supervision of the Texas Legislature. However, the LRL's beginnings date to 1909, when the newly formed Texas Library and Historical Commission (now the Texas State Library and Archives Commission) was directed to establish "a section of the State Library for legislative reference and information" (Acts 1909, 31st Leg., p. 126, Ch. 70 (House Bill 142).
  • The library's print collection includes original bill files from the 63rd Legislature (1973) to the present, session laws dating back to the Republic of Texas, Texas House and Senate Journals back to the 1890s, Texas agency documents, books and periodicals covering a wide range of topics, and more. Our oldest Texas print title is the Laws Passed at a Special Session of the Sixth Congress of the Republic of Texas, dated 1842.
  • Our librarians are consistently working to add digitized records to our already significant collection of electronic resources. The Legislative Archive SystemTexas Legislators: Past & Present, and Constitutional Amendments are just a few of the many digital resources that can be accessed at the Capitol and beyond.
  • The Legislative Clipping Service and Clippings Archive marked its 40th anniversary in 2016 and covers the period 1900 to the present. In addition to clipping articles from about 25 Texas daily newspapers, the database includes links to bills and reports referenced in the clippings.
  • This blog, Points of Interest, hit the 1 million views mark in February 2018. With posts ranging from bill statistics to resources for interim hearings to historical perspectives and more, the blog is just one more tool we use to share our resources with the legislative community and public.

This is only a brief glance at the Legislative Reference Library's efforts to serve members of the Texas Legislature, state agencies, and the public. We invite you to explore our website, read our blog, follow us on Twitter and Pinterest, and/or subscribe to one of the library's RSS feeds to learn more about our tools and services available for legislative research.

 

Image: The Texas State Library, circa 1915. Photo courtesy of the Texas State Preservation Board.

Cover image: Rendering detail of the LRL by Laura Chapa. Image courtesy of the Texas State Preservation Board.

Interim Hearings – Week of April 16, 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 Land & Resource Management

Topic: Testimony from the General Land Office regarding programs offered by the Veterans Land Board and the GLO's coastal management programs

 

House Committee on Natural Resources Top

Charge 2: Additional issues related to Hurricane Harvey and flooding issues in general:

  1. Development of the initial State Flood Plan by the Texas Water Development Board, and how the plan might be enhanced or focused in light of Harvey
  2. Science and data availability and needs related to flood risk and to responding to flood events
  3. Best methods of providing state financial assistance for flood infrastructure needs
  4. Opportunities for improved collection and storage of flood flows for future supply needs
  5. The role of voluntary land conservation efforts, including conservation easements, in preventing and mitigating flooding

 

House Select Committee on Opioids & Substance Abuse Top

Continuation of Charge 1: Prevalence and impact of substance use, substance use disorders, opioids, and synthetic drugs in Texas 

Charge 2: Prevalence and impact of substance use and substance use disorders in pregnant women, veterans, homeless individuals, and people with co-occurring mental illness, and impact of opioids; programs in other states to reduce substance abuse 

Charge 3: Policies and guidelines used by state agencies to monitor for and prevent abuse of prescription drugs in state-funded or state-administered programs, including Texas Medicaid Program, the Division of Workers' Compensation of the Texas Department of Insurance, the Teacher Retirement System, and the Employee Retirement System  

 

House Committee on Transportation Top

10:00 AM

Charge: Ability of Texas Department of Transportation (TxDOT) to deliver highway construction projects that reduce congestion and improve mobility

House Committee on Transportation Top

1:00 PM

Charge: Impact of energy exploration and production on state and county roads

 

House Committee on Appropriations Top

Charge: Economic Stabilization Fund (ESF); current methodology used to set ESF cap

Charge: One-time funding and deferral measures

Charge: Implementation of SB 20, 84th Legislature, R.S.; SB 533 and SB 255, 85th Legislature, R.S. (State agency contracting)

Charge: Implementation of Article IX, Sec. 9.13 of the General Appropriations Act (Cybersecurity, information technology, cloud computing)

Charge: Effectiveness of funds appropriated for border security operations

 

Charge 8: Funding for adult probation departments and juvenile justice system

Charge 9: State crime lab operational structure

Charge 18: Monitor agencies and programs under the Committee's jurisdiction and implementation of legislation, specifically: Department of Public Safety efforts to eliminate sexual assault kit backlog

 

House Committee on Energy Resources Top

Charge: Railroad Commission of Texas (RRC) response to Hurricane Harvey; protection of the public, natural resources, environment, infrastructure, and industrial facilities in natural disasters; fuel reserves for first responders

Charge: Gas Reliability Infrastructure Program 

Charge: Frac sand mining in the Permian Basin 

Charge: Decommissioning of commercial wind energy facilities 

Charge: Investment in public infrastructure and workforce development in the Permian Basin region  

Charge: Monitor agencies and programs under Committee's jurisdiction and implementation of legislation passed by 85th Legislature, specifically:  

  1. Long-term funding solutions for a stable regulatory structure
  2. Adequacy of well-plugging processes and funds
  3. Cleanup and removal of abandoned equipment
  4. Seismic research needs for the University of Texas Bureau of Economic Geology and any response to research findings by the RRC

 

House Committee on Public Education Top

Charge: Monitor implementation of legislation, specifically: HB 21, 85th Legislature, 1st C.S.; HB 22 and SB 179, 85th Legislature, R.S.

Topic: Update from the Texas Education Agency regarding issues related to Hurricane Harvey

 

House Committee on Transportation Top

Charge: Efficacy of existing transportation finance mechanisms from state, regional, and local perspectives

Charge: Texas' various toll authorities and transparency and stakeholder responsiveness

 

House Committee on Public Health Top

Charge: Treatment of traumatic brain injury, Alzheimer's, and dementia, and opportunities for advancing treatment and cures 

Charge: Organ and bone marrow donations 

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

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