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Current Articles and Research Resources, December 7

Dec 7

posted by TexasLRL in Current Articles, Week in review, Research Resources

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

  • Consider new flexibility granted to the states for operating food stamp programs. (Politico, December 5, 2017)
  • Read about amicus briefs filed for Masterpiece Cakeshop v. Colorado Civil Rights Commission. (Heritage Foundation, December 5, 2017)
  • Explore how new technologies can help manage diabetes. (National Institutes of Health, December 2017)
  • Find resources related to vaccinating against and tracking the flu in Texas. (Texas Department of State Health Services, last updated October 9, 2017)

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

  • "Guardian of the vote." By Jill Leovy. Atlantic Monthly, December 2017, pp. 16, 18, 20.
    Reports on Barbara Simons and her work with the nonprofit, Verified Voting, and their goal of getting paper ballots in every state to combat the vulnerability of electronic systems.
    (See: https://www.theatlantic.com/magazine/archive/2017/12/guardian-of-the-vote/544155/)
  • "Unnatural disaster." By Shannon Sims. Bloomberg Businessweek, November 20, 2017, pp. 52-59.
    Examines the legal aspects of flood control measures implemented in west Houston during Hurricane Harvey. Quotes Senator Joan Huffman.
  • "The scholars behind the quest for reparations." By Marc Parry. Chronicle of Higher Education, November 17, 2017, pp. A14-A16.
    Highlights the work of Hilary Beckles and other historians as they seek reparations for slavery. Explains new scholarship focuses on the role slavery played in the development of American capitalism.
  • "Emergency management." By Andrew Siddons. CQ Weekly, November 13, 2017, pp. 24-28.
    Discusses the current opioid crisis in the United States. Examines how Scott Gottlieb, the new commissioner of the Food and Drug Administration [FDA], plans to address the crisis.
  • "Wages: great again." Economist, November 18th-24th, 2017, pp. 23-24.
    Discusses the surge in wages for workers in blue-collar occupations. Notes the acceleration in manufacturing employment this year in Texas and surrounding oil states.
  • "Health IT in Texas: the doctor is ... online." By Lauren Mulverhill. Fiscal Notes, November 2017, pp. 7-10.
    Examines health information technology as a promising solution for the challenges of rural health care and the physician shortage, including the expansion of telemedicine enacted by SB1107, HB1697, SB922, and SB1633, 85th Legislature, R.S.
    (See: https://comptroller.texas.gov/economy/fiscal-notes/2017/november/health-it.php#article)
  • "Statewide payment and delivery reform: do states have what it takes?" By Judy Feder, et al. Journal of Health Politics, Policy, and Law, December 2017, pp. 1113-1125.
    Cautions federal and state policy makers that state leaders' political desire to be the stewards of health care for the state's entire population may be affected by statutory authority and purchasing power.
  • "Are sugar-sweetened beverages taxes legal? Williams v. Philadelphia." By Kevin A. Diehl. Journal of State Taxation, Winter 2017, pp. 17-22, 38.
    Highlights the legal arguments in a recent Pennsylvania soda tax case in which the appellate court found that the City of Philadelphia's beverage tax did not violate the Sterling Act's prohibition on duplicative taxes, and does not fall under the preempted sales tax category.
    (Related information at: http://www.pacourts.us/assets/opinions/Commonwealth/out/2077cd16_6-14-17.pdf)
  • "The new frontier: automobile insurance in the ride-share world." By Catherine L. Hanna. Journal of Texas Insurance Law, Fall 2017, pp. 17-20.
    Discusses how ridesharing challenges the traditional insurance dichotomy between personal and commercial activities. Explains the effect of HB1733, 84th Legislature.
    (Related information at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=84R&Bill=HB1733)
  • "American families are broken and blended." By Robert Verbruggen. National Review, November 27, 2017, pp. 18, 20.
    Reports that about 40 percent of children in the United States are born to unmarried parents. Comments on the economic, technological, and cultural developments that have led to this situation and result in children experiencing a number of family-structure transitions.
  • "The serial-killer detector." By Alec Wilkinson. New Yorker, November 27, 2017, pp. 30-35.
    Highlights the Murder Accountability Project [MAP], which seeks to track and accurately account for unsolved homicides in the United States, including identifying potential serial killers.
    (Related information at: http://www.murderdata.org/)
    (See: https://www.newyorker.com/magazine/2017/11/27/the-serial-killer-detector)
  • "Gerrymandering educational opportunity." By Meredith P. Richards. Phi Delta Kappan, November 2017, pp. 65-70.
    Argues that gerrymandering school attendance zones can create educational communities that increase diversity and improve educational opportunities.
  • "Energy and politics at FERC: an independent agency?" By Robin Lunt. Public Utilities Fortnightly, November 2017, p. 65.
    Discusses United States Department of Energy Secretary Rick Perry's role in the Federal Energy Regulatory Commission's [FERC] proposed rule that addresses rates for wholesale electricity markets.
    (Related information at: https://energy.gov/sites/prod/files/2017/09/f37/Secretary%20Rick%20Perry's%20Letter%20to%20the%20Federal%20Energy%20Regulatory%20Commission.pdf)
  • "How immigration crackdowns screw up Americans' lives." By Shikha Dalmia. Reason, December 2017, pp. 26-36.
    Explains how American citizens are harmed in overzealous immigration crackdowns, which include deporting American citizens, treating border towns as hostile territory, and driving restaurateurs out of business.
  • "FERC to issue rule on markets to preserve 'fuel-source.'" By Paul Ciampoli. Texas Public Power, October 2017, pp. 3, 6-8.
    Discusses the Federal Energy Regulatory Committee's [FERC] proposed rule addressing rates for wholesale electricity markets.
    (Related information at: https://www.federalregister.gov/documents/2017/10/10/2017-21396/grid-resiliency-pricing-rule) 

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.

This entry was posted on December 7, 2017 at 3:15 PM and has received 844 views. Print this entry.

Research Minute: Learning about Texas Governors

Dec 5

posted by TexasLRL in Governor, Search tips, Research minute

Although our primary focus is on Texas' legislative branch, the LRL maintains a Texas Governors database with a myriad of resources. In addition to providing biographical information on Texas governors, 1846-present, it features a searchable database of executive documents. You can search by governor, document type (executive order, message, proclamation, speech, veto, and other), date of publication, keyword, and session. 

To see the complete list of Texas governors with party affiliation, years in office, and legislatures as governor, click here. 

We also have a few popular searches saved, making it easy to find inaugural items, the governor's emergency matters and budgets, and disaster declarations (from 2001-present) (see below).

This entry was posted on December 5, 2017 at 10:06 AM and has received 1327 views. Print this entry.

Interim Hearings – Week of December 11, 2017

Dec 4

posted by TexasLRL in 85th Session, Interim hearings

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.

 

December 12

House Committee on Energy Resources (Midland) 

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

Charge: Public infrastructure and workforce development in the Permian Basin region

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

 

 

December 13

House Committee on Human Services  

Charge: Nursing facilities and duplication of government regulations

Charge: HHSC's implementation of Rider 219 in Article II of the General Appropriations Act on prescription drug benefit administration in Medicaid; pharmacy benefit managers in Texas Medicaid

Topic: Issues related to Child Protective Services

 

House Committee on Urban Affairs (Beaumont) 

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

 

December 14

Senate Committee on Administration

Topic: Sexual harassment policy

This entry was posted on December 4, 2017 at 1:30 PM and has received 811 views. Print this entry.

Current Articles and Research Resources, November 30

Nov 30

posted by TexasLRL in Current Articles, Week in review, Research Resources

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

  • Track the legislative priorities of members of Congress. (ProPublica, November 20, 2017)
  • Review the financial soundness of the National Flood Insurance Program. (Congressional Budget Office, November 14, 2017)
  • Explore aspects of the opioid crisis. (National Conference of State Legislatures, ©2017)
  • Examine the most congested roadways in Texas. (Texas A&M Transportation Institute, ©2017)
  • Find opinions from current and past Texas attorneys general. (Attorney General of Texas, accessed November 29, 2017)

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

  • "A billionaire's war on poverty." By Simon Montlake. Christian Science Monitor, November 20, 2017, pp. 24-30.
    Highlights the varied charitable projects of Tulsa philanthropist George Kaiser and his new mission to create a comprehensive strategy of public programs to target every poor child in Tulsa from birth until third grade. Suggests his success derives from the partnering of evidenced-based analytics and empathy.

  • "For civil-war scholars, a settled question that will never die: What caused the war?" By Julia Martinez. Chronicle of Higher Education, November 10, 2017, p. A45.
    Explores the views of three historians on why the American public has a difficult time accepting slavery as the central cause for the Civil War. Quotes one as suggesting two questions are merged as one: what caused the war and why people fought in it.

  • "Skills gap growing in North Texas, though severity varies; What's being done to bridge the skills gap." By Bill Hethcock. Dallas Business Journal, November 17, 2017, pp. 4-6.
    Discusses the strong demand for middle-skill workers in the Dallas-Fort Worth area, with jobs in health care as the hardest to fill. Points out how collegiate academies, "Year Up" programs, and the Fellowship Initiative are helping to close the skills gap in North Texas.

  • "For-profit colleges: decline and fall." Economist, November 11th-17th, 2017, pp. 28-29.
    Reports on the suspension of two Obama administration rules designed to protect students from predatory for-profit colleges. Mentions for-profit enrollment has declined by 33 percent.

  • "Health care in America: the right dose?" Economist, November 4th-10th, 2017, pp. 61-62.
    Considers whether a merger between CVS Health and Aetna would provide strong incentives to offer consumers more access to primary care, better health care outcomes, and lower prices.

  • "GOP tax plan could affect K-12 aid, teachers' pocketbooks." By Andrew Ujifusa. Education Week, November 15, 2017, pp. 19-20.
    Details how the proposed federal tax legislation could impact school finance, teachers, school choice, and charter schools.

  • "In Florida, laissez-faire approach to monitoring private school vouchers." Education Week, November 15, 2017, pp. 1, 12-13.
    Discusses pros and cons of Florida's hands-off approach to regulating private schools receiving state aid in the form of publicly funded school vouchers. Details one parent's struggle with private school choice and her special needs child.

  • "Education effects of banning access to in-state resident tuition for unauthorized immigrant students." By Alexander Villarraga-Orjuela and Brinck Kerr. Educational Evaluation and Policy Analysis, December 2017, pp. 621-643.
    Discusses the effects of state laws that prevent unauthorized immigrant students from receiving in-state tuition and other state financial benefits for higher education. Examines policies implemented in Arizona, Colorado, Georgia, Indiana, and Ohio, and their effect on college enrollment, school dropout rates of undocumented students, and enrollment of United States citizens.

  • "Building blocks for addressing social determinants of health." By Stuart M. Butler. JAMA (Journal of the American Medical Association), November 21, 2017, pp. 1855-1856.
    Suggests that to support social factors in health, more states should adopt "children's cabinets" and/or "health cabinets" to coordinate departments dealing with medical care as well as housing, transportation, social services, and education.

  • "Five key takeaways from the recently-passed 'Hail Bill.'" By Emily Buchanan. Journal of Texas Insurance Law, Fall 2017, pp. 3-5.
    Examines five components of HB1774, 85th Legislature, R.S., as it relates to insurance claims. Highlights the quandary for Texans facing Hurricane Harvey damage and the overlapping effective date of this new law.
    (Related information at: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=85R&Bill=HB1774)

  • "Cost-of-living adjustments (2017)." NASRA Issue Brief (National Association of State Retirement Administrators), November 2017, pp. 1-16.
    Discusses periodic cost-of-living adjustments [COLA] in state and local government pensions and common COLA types and features, as well as COLA costs and recent changes. Features an appendix of COLA provisions by state, including Employees Retirement System of Texas and Teacher Retirement System of Texas.
    (See: http://www.nasra.org/files/Issue%20Briefs/NASRACOLA%20Brief.pdf)

  • "Utilities can do more to partner with customers: regain the connection." By John Hargrove. Public Utilities Fortnightly, November 2017, pp. 60-61.
    Argues that by changing their business models utilities can take advantage of opportunities to serve as energy experts for their customers.

  • "Facing more 'hoops.'" By Joey Berlin. Texas Medicine, November 2017, pp. 37-43.
    Debates the use of prior authorization requirements from health plans to battle the opioid crisis, with some physicians supporting such initiatives and others considering them to be inefficient and ineffective.
    (See: https://www.texmed.org/Template.aspx?id=45914)

  • "EIA says electricity prices reflect rising delivery costs." Texas Public Power, October 2017, p. 9.
    Summarizes a recent article from the United States Energy Information Administration's publication Today in Energy that focuses on the relationship between the cost of fuels for producing electricity and the average retail price of electricity.
    (Related information at: https://www.eia.gov/todayinenergy/detail.php?id=32812)

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.

This entry was posted on November 30, 2017 at 3:15 PM and has received 935 views. Print this entry.

Who Is...Paschal?

Nov 28

posted by TexasLRL in Texas history

Every now and then, LRL patrons will ask a question like, "who is Vernon and why is his name on the Texas statutes?" To which we say, "good question!" People often conduct legislative history research with a tight deadline that doesn't leave much time for musing over the origins of the sources, but it can be instructive to learn about who has worked to compile Texas' laws over the years. In our occasional "Who Is…" series, we'll take a look at some of the important resources for studying Texas legislative history and the publishers, lawyers, and legal scholars behind them. Check out our previous entries on Vernon and Sayles; in this post, we're focusing on George W. Paschal.

 

From Arkansas Supreme Court justice to newspaper editor, lawyer to court reporter, George W. Paschal wore many hats over his life and never seemed to follow the crowd—in fact, one could argue he relished the path of most resistance. He is responsible for the most successful of the early compilations of Texas statutes, A Digest of the Laws of Texas (commonly referred to as Paschal's Digest).

 

Born in Skull Shoals in Greene County, Georgia, in 1812, Paschal worked his way through the State Academy in Athens, Ga., by teaching and keeping books.[1] He was admitted to the Georgia Bar before he turned 20 in 1832. He practiced law in Georgia for four years before receiving orders to serve as the aide-de-camp to General John E. Wool with the Georgia Militia, which had been charged with suppressing a Cherokee uprising. Here we get one of our first hints of Paschal's unconventional ways: he married the daughter of one of the Cherokee chiefs, Sarah Ridge. That military campaign led to the Treaty of New Echota in 1835, and ultimately to what we know today as the Trail of Tears.[2]

 

The couple moved to Arkansas in 1837 to be closer to Sarah's now-relocated family. Paschal began his law practice in Benton County, where he sometimes jointly represented clients with Royal T. Wheeler (future chief justice of the Texas Supreme Court). Sadly, Sarah’s father, brother, and cousin were assassinated in 1839 by Cherokees who were angry about the family’s support of the Treaty of New Echota. The Paschals chose to remain in Arkansas, and in 1843, the Arkansas Legislature selected George as an associate justice on the state’s Supreme Court.[3]

 

However, he served just one term on the court, then resigned in August 1843 so he could represent the Cherokees in claims against the United States.[4] A victory in that case led to ratification of the Treaty with the Cherokee in 1846, which awarded reparations to the Cherokee.[5]

 

George and Sarah then moved to Texas around 1846, and George was admitted to the Texas Bar in December 1847. In 1850, Sarah began treating Galvestonians suffering from yellow fever in their home. The couple divorced later that year.[6]

 

George moved to Austin and remarried (Marcia Duval Price), practiced law, and began work in 1856 as editor of the Southern Intelligencer, an antisecessionist, pro-Union publication. The paper quickly developed a rivalry with the Texas State Gazette, which promoted states’ rights and reopening the slave trade in Texas. The rivalry went as far as a duel challenge, and Paschal resigned his post in 1860.[7] It should be noted that although Paschal was against reopening the slave trade, he also was against abolition and was himself a slave holder.[8]

 

Paschal further acted on his Unionist principles by representing a captured Confederate conscript, F.H. Coupland, in 1862. He obtained a writ of habeas corpus from his old friend (now Texas Supreme Court Justice) Wheeler, but before it could be served, Coupland was drafted into the army, and Paschal was arrested and jailed for a short time by Confederate authorities.[9]

 

Indeed, times were tough for a Unionist lawyer in Texas during the Civil War, so Paschal committed himself to preparing the Digest of the Laws of Texas. He writes about this decision in the preface to the Digest’s first edition “…differing as the editor did with the majority of the people of his state, as to the right of secession, and the necessities of the measure, as well as to the possibility of success, and not wishing to seek a professional field elsewhere, had that been possible, he thought that he could not more usefully employ his time than to give those years to the preparation of a book, which should answer the double object of presenting the Statutes, and a pretty full Digest of the decisions of the Supreme Court, in the same volume.”[10]

 

Paschal’s Digest offered a few things not seen in previous legislative publications. Current statutes can trace their history to the sections in his Digest—previously, statutes had been arranged chronologically.[11] Additionally, his statutes presented “the old law, the mischief and the remedy, in the same view”—meaning, he printed the current law alongside the repealed law or judicial changes, using different typefaces to illustrate the development of the law.[12] Finally, and most significantly, “…his digest of laws appeared in five editions, the last one being the basis for the first official compilation of statutes in 1879. Many articles in the [1925] statutes retain not only the substance but also the verbatim phrasing of Paschal’s sections.”[13] (See image of Articles 42-46 from the 1879 Revised Civil Statutes, which includes marginal notes crediting where language was taken from P.D.—Paschal's Digest.)

 

After the war, Paschal was appointed by provisional governor Andrew Jackson Hamilton as Texas’ agent in a case concerning the Confederacy’s attempts to redeem U.S.-issued bonds to help pay for the Confederate war effort. He ultimately argued before the U.S. Supreme Court and won, helping to provide the definitive ruling on the constitutionality of secession. Paschal also served as counsel in the “Emancipation Cases” to determine on what date enslaved peoples officially gained their freedom in Texas. (The majority ruling settled on the date of ratification of the 13th Amendment.)[14]

 

In 1868—about the same time that the constitutionally illegitimate Military Court began—Paschal was appointed as court reporter. Drummond observes that “Paschal's reports are characterized by his sometimes polarizing, always frank, and consistently entertaining (and subsequently essential) historical asides contained in the prefaces to each [Texas Reports] volume.” He additionally used the Texas Reports to advertise his other publications. Paschal’s signature candor likely contributed to him losing this job, as he published in Texas Reports his negative commentary on changes to court reporter guidelines.[15]

 

Paschal then moved to Washington, D.C., where he opened a law office with his sons, George Jr. and Ridge. He also married his third wife, Mary Scoville Harper, and lectured at the Georgetown University law school. He died in Washington in 1878.[16]

 

In addition to his work with Texas laws, George W. Paschal found himself at the crossroads of many historical events. And as a man dedicated to the law, the defense of them seemed to guide his principles: “Human rights are of all sciences those which most affect human happiness. They can only be preserved by the eternal vigilance of the masses. That vigilance should constantly be directed to our laws, organic or statute. It is under the forms of these that liberty is preserved or lost.”[17]

 

Photograph of George W. Paschal courtesy of the Texas State Library and Archives Commission. Title page of Paschal's Digest taken from the LRL's digitized 5th edition. Excerpt of Title VI, Articles 42-46 from the 1879 Revised Civil Statutes, courtesy of the Texas State Law Library's Historical Texas Statutes digital collection.

[1] Amelia W. Williams, "Paschal, George Washington," Handbook of Texas Online, accessed August 29, 2017, http://www.tshaonline.org/handbook/online/articles/fpa46.

[2] Dylan O. Drummond, "George W. Paschal: Justice, Court Reporter, and Iconoclast," Journal of the Texas Supreme Court Historical Society 2:4 (Summer 2013), accessed 2017 October 17, http://www.jdsupra.com/legalnews/george-w-paschal-justice-court-report-22105/, p. 7.

[3] Drummond, p. 8.

[4] Drummond, p. 8.

[5] Treaty with the Cherokee, 9 Stat. 871, 874 (1846)

[6] Drummond, p. 8.

[7] Williams; Drummond, p.8.

[8] Williams; Kevin Ladd, “Pix, Sarah Ridge,” Handbook of Texas Online, accessed November 15, 2017, https://tshaonline.org/handbook/online/articles/fpi30; Fannie E. Rachford, “O’Connor, Elizabeth Paschal,” Handbook of Texas Online, accessed November 15, 2017, https://tshaonline.org/handbook/online/articles/foc12.

[9] Drummond, p. 8.

[10] "Preface [to the first edition, 1866], " A Digest of the Laws of Texas, 5th edition, edited by George W. Paschal. Houston, TX: E.H. Cushing, 1878, p. iv, http://www.lrl.texas.gov/collections/Paschal.cfm.

[11] "Legislation," rev. by Linda Gardner, A Reference Guide to Texas Law and Legal History, edited by Karl T. Gruben and James E. Hambleton, Austin, TX: Butterworth Legal Publishers, 1987, pp. 16-17.

[12] "Preface [to the first edition, 1866], " p. iv.

[13] Marian Boner, "The Attorney as Author: Books Written and Used by Texas Lawyers, " Centennial History of the Texas Bar, 1882—1982. Austin, TX: The Committee on History and Tradition of the State Bar of Texas, 1981, p. 145.

[14] Drummond, pp. 9-10.

[15] Drummond, p. 11.

[16] Williams.

[17] "Preface to the fourth edition [1874], " A Digest of the Laws of Texas, 5th edition, edited by George W. Paschal. Houston, TX: E.H. Cushing, 1878, pp. xi-xii, http://www.lrl.texas.gov/collections/Paschal.cfm. 

This entry was posted on November 28, 2017 at 11:26 AM and has received 4554 views. Print this entry.

Interim Hearings - Weeks of November 27 and December 4, 2017

Nov 27

posted by TexasLRL in 85th Session, Interim hearings

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.

November 30

House Committee on Special Purpose Districts

Charge 1: Impact of Hurricane Harvey on residential communities within special purpose districts, emergency preparedness and response of the districts

Charge 2: Water district bonds

Charge 3: Feasibility of dissolving special purpose districts

 

December 1

House Committee on House Administration

Topics: Sexual harassment policy, select committee budgets

 

 

House Committee on Special Purpose Districts

Charge 4: Municipal Management Districts

 

December 4

House Committee on Urban Affairs (Corpus Christi) 

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

 

December 5

House Select Committee on Economic Competitiveness   

Topic: Long-term competitiveness and economic development issues

 

Senate Committee on Finance

Charge: Alamo historical site renovation

Charge: Adult and juvenile corrections funding

Charge: Monitor implementation of CPS critical needs funding initiative

Topic: Hurricane Harvey relief and recovery

 

December 6

House Committee on Insurance

Charge: Health insurance market in Texas 

Charge: Surprise medical billing

Charge: Prescription drug coverage and drug formularies  

Charge: Transparency of pharmacy benefit managers  

 

Senate Select Committee on Cybersecurity  

Topic: State of cybersecurity in Texas

 

Joint Legislative Oversight Committee on Health & Human Services Transition

Invited testimony

This entry was posted on November 27, 2017 at 8:30 AM and has received 1374 views. Print this entry.

Legislative Scorecards, 85th Legislature

Nov 20

posted by TexasLRL in Legislation, 85th Session, Members of the Legislature

Following each legislative session in Texas, some organizations create scorecards "grading" the performance of legislators. Scorecards typically focus on bills significant to a particular viewpoint or subject area.

 

The LRL tracks legislative scorecards as we find them to be a helpful research tool. Listed below are the 85th Legislature scorecards we have found thus far. 

 

Conservative Round Table of Texas

 

Empower Texans

 

Environment Texas

 

Equality Texas

 

Sierra Club – Lone Star Chapter

 

Texas Association of Business

 

Texas Right to Life

 

Texas Uniting for Reform & Freedom (TURF)

 

Texas Values Action

 

Young Conservatives of Texas

 

Cover image by Flickr user Jon Wiley / CC BY-NC 2.0.

This entry was posted on November 20, 2017 at 8:15 AM and has received 1665 views. Print this entry.

Current Articles and Research Resources, November 16

Nov 16

posted by TexasLRL in Current Articles, Week in review, Research Resources

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

  • Explore state legislator viewpoints on the state and local tax deduction. (American Legislative Exchange Council, November 1, 2017)
  • Consider the separation of powers related to the use of nuclear weapons. (Congressional Research Service, November 3, 2017)
  • Find statistics related to hate crimes. (Federal Bureau of Investigation, November 13, 2017)
  • Review results from the November 7, 2017 constitutional amendments election. (Texas Secretary of State, accessed November 15, 2017)

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

  • "Measuring justice." By James Podgers. ABA Journal: The Lawyer's Magazine, November 2017, pp. 66-68.
    Presents global rankings on how well countries perform on eight specific factors, prepared by the World Justice Project in its Rule of Law Index, 2016 edition.
    (Related information at: https://worldjusticeproject.org/sites/default/files/documents/RoLI_Final-Digital_0.pdf)
  • "Syllabus for civility." By Stacy Teicher Khadaroo. Christian Science Monitor, November 13, 2017, pp. 24-30.
    Highlights the establishment of "bridge-building" groups on college campuses with a goal of providing forums for "responsible discourse" where there can be civil conversation amongst those with different points of view.
  • "A new redline is holding back South Dallas entrepreneurs." By Jon Prior. Dallas Business Journal, November 3, 2017, pp. 4-6, 8.
    Highlights the inequity in Small Business Administration [SBA] loan distribution among small businesses in Dallas' southern and northern neighborhoods. Notes white small business owners received 60 percent of the SBA's financing in 2016.
  • "Tax reform: deducting deductions." Economist, November 4th-10th, 2017, pp. 23-24.
    Suggests elimination of state and local tax deductions would make federal taxes more progressive.
  • "Texas politics: thus spake Joe." Economist, November 4th-10th, 2017, p. 29.
    Discusses House Speaker Joe Straus' retirement and how his departure could affect 2018 primary campaigns.
  • "Factors associated with increased US health care spending." By Patrick H. Conway. JAMA (Journal of the American Medical Association), November 7, 2017, pp. 1657-1658.
    Examines a report that shows health care spending (after adjusting for price inflation) has increased by $933.5 billion between 1996 and 2013. Outlines possible contributing factors and ways states can address this unsustainable growth.
  • "Conventional wisdom." By Richard Krietner. Nation, November 20/27, 2017, pp. 20-24.
    Presents aspects of the movement for an Article V constitutional convention.
  • "Win-win: pensions efficiently serve American schools and teachers." By Christian E. Weller. National Institute on Retirement Security, October 26, 2017, pp. 1-30 (Note Length).
    Analyzes defined benefit [DB] teacher pension plans from a labor management perspective, including the benefits of teacher retention and effectiveness for school districts. Contrasts DB plans with defined contribution [DC] 401k-style plans.
    (See: http://www.nirsonline.org/index.php?option=com_content&task=view&id=976&Itemid=61)
  • "What NAFTA does?" By Kevin D. Williamson. National Review, November 13, 2017, pp. 26, 28-29.
    Criticizes Trump administration efforts to renegotiate the North American Free Trade Agreement [NAFTA], suggesting the treaty agreement has been a success for the United States. Explains NAFTA could use "freshening up" and discusses what factors should be considered.
  • "Blending high school and college can sharpen the focus of each." By Joel Vargas, Sarah Hooker, and Carol Gerwin. Phi Delta Kappan, November 2017, pp. 13-18.
    Highlights the experiences of a Rio Grande Valley student to demonstrate the value of giving students a head start on college with early college programs. Argues high schools and colleges each have distinct, important roles, but blurring the boundaries can improve educational outcomes.
  • "Ready for a fifty percent demand spike?: electric vehicles are coming." By Curt Underwood. Public Utilities Fortnightly, October 2017, pp. 60, 65.
    Considers how increasing the number of electric vehicles on the road will affect electric generation, transmission, and distribution. Offers suggestions that may help the electric utilities industry with this challenge.
  • "Crisis in the country." By Sean Price. Texas Medicine, November 2017, pp. 55-59.
    Explores the high number of rural hospital closures in Texas and the effects on the communities and local physicians. Notes telemedicine's role in filling the gap.
    (See: https://www.texmed.org/Template.aspx?id=45915)
  • "A flood of problems." By Sean Price and Joey Berlin. Texas Medicine, November 2017, pp. 22-35.
    Intermingles physicians' and patients' stories from Hurricane Harvey with discussion of health care issues in the storm's wake, including public and mental health concerns. Describes the legislative response to Harvey thus far.
    (See: https://www.texmed.org/FloodofProblems/)
  • "Coal plant closures in Texas continue." Texas Public Power, October 2017, p. 1.
    Indicates which coal plants in Texas are scheduled for retirement. Considers how these closures will affect various aspects of electric utilities.
  • "Ahead of the curve: Hill Country stakeholders proactively create Upper Llano River watershed protection plan." By Claire Corley. txH2O, Fall 2017, pp. 27-30.
    Describes the efforts of local stakeholders to partner with several programs and agencies to develop a watershed protection plan for the Upper Llano River.
    (See: http://twri.tamu.edu/publications/txh2o/fall-2017/ahead-of-the-curve/)

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.

This entry was posted on November 16, 2017 at 3:15 PM and has received 869 views. Print this entry.

New & Noteworthy List for November 2017

Nov 15

posted by TexasLRL in New & Noteworthy

The Library is continually adding new books to its collection. Below are the six titles from our November 2017 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. Final Results of Sunset Reviews, 2016-2017
By Sunset Advisory Commission
Summarizes actions taken by the 85th Legislature on the 24 entities recently reviewed by the Sunset Commission including, for the first time, river authorities. Reports 80 percent of the Commission's 252 statutory recommendations were enacted, which will result in $5.8 million in savings over the next five years. Includes a chart that lists the Sunset bill number, bill author, fiscal impact, and final action taken on the entities reviewed.
Sunset Advisory Commission, 2017. 52 pages.
Online at: https://www.sunset.texas.gov/public/uploads/files/reports/Final%20Results%20of%20Sunset%20Reviews_8-31-17.pdf
S1500.8 AN79 2017

 

 

2. Procedures Manual for Joint Committees
By Texas Legislative Council
Outlines procedures for joint committees relating to budget and account administration, committee and staffing contracts, administrative support, and committee proceedings. Includes sample forms.
Texas Legislative Council, 2017. 24 pages.
Online at: http://www.tlc.texas.gov/committee/baa.cshtml
L1400.5 P758 2017


 

 

3. The House Will Come to Order: How the Texas Speaker Became a Power in State and National Politics
By Patrick Cox
Documents the development of the office of the Speaker of the Texas House of Representative into one of power and prestige. Uses material from interviews with twelve former Speakers. Traces the office of the Speaker from 1846 through 2009.
University of Texas Press, 2010. 254 pages.
328.764 C839H 2010


 

 

4. Through Many Dangers, Toils and Snares: Black Leadership in Texas, 1868-1898
By Merline Pitre
Presents a third edition of Merlene Pitre's in-depth examination of African-American legislators in Texas after the Civil War, with an updated preface and extended appendices. Profiles Matthew Gaines, George T. Ruby, Richard Allen, Robert Lloyd Smith, and Norris Wright Cuney in particular, and includes rosters of black legislators of Texas, black legislators' committee assignments, black legislators who were delegates at Republican national conventions, a summary of the background of Texas black politicians (1868-1900), a roster of 20th century black legislators, and a 30-year comparison of 19th and 20th century legislators.
Texas A&M University Press, 2016. 296 pages.
976.4 P931T 2016


 

 

5. Free Speech on Campus
By Sigal R. Ben-Porath
Explores the precarious balancing act that U.S. college campuses and universities face concerning free speech. Investigates how campuses respond to protests of controversial speakers and the implications of suppressing free speech and expression. Suggests that academic institutions have a responsibility to allow for inclusive freedoms such as freedom of speech, as well as maintaining its mission to educate a diverse student body.
University of Pennsylvania Press, 2017. 128 pages.
371.104 B441F 2017


 

 

6. Liberty and Union: The Civil War Era and American Constitutionalism
By Timothy Huebner
Discusses the Civil War as not only a crisis for the country, but also a crisis of the Constitution. Examines how the War revolutionized slavery and sovereignty, both issues the United States had grappled with since its founding. Explores African American advocacy for a culture of constitutionalism throughout the Civil War era.
University Press of Kansas, 2016. 530 pages.
342.73029 H87L 2016


 

 

7. Lone Star Unionism, Dissent, and Resistance: Other Sides of Civil War Texas
By Jesus de la Teja
Collects essays on Unionism in Texas during the Civil War, telling the stories of enslaved people, freedmen and freedwomen, Tejanos, German immigrants, and women, whose roles and views on the War have been historically marginalized. Includes a chapter on the development of Confederate memory in Texas through monument building and scholarship.
University of Oklahoma Press, 2016. 258 pages.
976.405 T235L 2016


 

 

8. The Midnight Assassin: The Hunt for America's First Serial Killer
By Skip Hollandsworth
Explores the hunt for a serial killer who stalked Austin from 1884 to 1885, describing in vivid detail the city and leading personalities of that time. Explains the cases were never solved but discusses the suspects who came under scrutiny, including a state official and candidate for governor.
Picador, 2017. 321 pages.
364.152 H719M 2015


 

 

This entry was posted on November 15, 2017 at 3:15 PM and has received 1003 views. Print this entry.

Resource Highlight: Citation Manuals

Nov 14

posted by TexasLRL in Resource highlights

Figuring out how to cite sources, especially legislation, often can be a challenge. The LRL has several guides that can help you properly form legal citations.

  • The Greenbook: Texas Rules of Form, 13th edition, by the Texas Law Review, provides guidelines and examples for citing Texas legal authorities. The book describes how to cite constitutional documents, statutes, municipal laws, revisor’s notes, agency materials, historical resources, and more. See our legal citations to legislation post for some Greenbook tips about citing session laws, unenacted bills, and concurrent and joint resolutions.
  • Note that a different citation method is available in the Texas Legislative Council Drafting Manual. (Available online and in print at the library)
  • Legal scholars and practitioners will know that The Greenbook is meant to be a supplement to The Bluebook: A Uniform System of Citation (20th edition 2015), which provides a more comprehensive view of legal citation and may answer questions not covered in The Greenbook. In cases where you are citing Texas authorities and The Greenbook conflicts with The Bluebook’s guidelines, you should use The Greenbook’s form. 

These manuals are available for checkout at the LRL.

 

This entry was posted on November 14, 2017 at 8:53 AM and has received 1952 views. Print this entry.

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